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HomeMy WebLinkAbout2009.09.08 CC MinutesMINUTES FOR THE CITY COUNCIL MEETING OF TUESDAY, SEPTEMBER 8, 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, Finance Director Ron Otkin, Community Development Assistant Dennis Fields, Fire Chief Jim Compton, City Engineer Jay Kennedy, Assistant City Attorney Christine Eid, and City Clerk Michele Lindau Moment of Silence for Bernie Brunotte Mayor Fran Miron requested a moment of silence in honor of Bernie Brunotte who passed away on September 3, 2009. Bernie was elected to the Hugo City Council in 1990 and served until he lost his seat because of redistricting in the City. He then served on the Board of Zoning Appeals and Adjustments for many years. Mayor Fran Miron said that Bernie brought common sense and a practical approach to government in Hugo. Bernie was 67 years old. Approval of Minutes for the Mid -Year Budget Workshop of August 10, 2009 Weidt made motion, Klein seconded, approve the minutes for the August 10, 2009 Mid -Year Budget Workshop as presented. All Ayes. Motion carried. Approval of Minutes for the City Council Meeting of August 17, 2009 Petryk made motion, Weidt seconded, to approve the minutes for the August 17, 2009 meeting as presented. All Ayes. Motion carried. Approval of the Agenda Miron made motion, Petryk seconded, to approved the agenda as presented. Recognition of Planning Commissioners Greg Burmeister and Doug Galler At its June 15, 2009 meeting, the Hugo City Council accepted the letter of resignation from Planning Commissioner Doug Galler who is resigning from the Commission since he is moving out of the City of Hugo. At its August 17, 2009 meeting, the Hugo City Council accepted the letter of resignation from Planning Commissioner Greg Burmeister who was moving out of the City of Hugo as well. Doug and Greg were at the meeting, and Mayor Miron and Planning Commission Chair Dave Schumann presented them a certificate of appreciation and thanked them for their dedicated public service to the City of Hugo. Hugo City Council Minutes for September 8, 2009 Page 2 of 8 Approval of Consent Agenda Haas made motion, Klein seconded, to approve the following Consent Agenda: Approval of Claims Approve Satisfaction and Release - Reapportionment of Gravel Tax Approve Appointment of Erik Cedarleaf Dahl as Parks Research Assistant Approve Emergency Action Plan Approve Rescheduling Date for CSAH 8 East Open House for Tuesday, September 29, 2009 All Ayes. Motion carried. Approval of Claims Adoption of the Consent Agenda approved the Claims Roster as presented. G.2 Approve Satisfaction and Release - Reapportionment of Gravel Tax Washington County has reached an agreement with the City of Lakeland for the repayment of gravel tax proceeds the City of Lakeland improperly received from 2002-2007 due to a reporting error from a mining operator. The County will disperse these funds to eligible cities and townships, including $439.97 to the City of Hugo, upon receipt of a duly executed satisfaction and release from each community that relieves both parties from any further obligation. Adoption of the Consent Agenda approved the satisfaction and release and authorize the Mayor and City Administrator to execute the document. Approve Appointment of Erik Cedarleaf Dahl as Parks Research Assistant At its July 20 meeting, the Hugo City Council approved the application for assistance through the U of MN Community Growth Options Program for the Parks and Recreation Programming Sub -Committee. The City of Hugo was selected to participate in the program which included assistance in conducting a community interest assessment. On August 26, 2009, City staff conducted interviews of three applicants whose names were submitted to the City of Hugo by the program director. After completion of the interviews, staff is pleased to recommend the appointment of Erik Cedarleaf Dahl as the City's new Parks Research Assistant. Erik will assist staff with the necessary research, surveys, and stakeholder focus group work not to exceed 195 hours at no charge to the City of Hugo. Adoption of the Consent Agenda approved the appointment of Erik Cedarleaf Dahl as the new Parks Research Assistant. Approve Emergency Action Plan On July 20, 2009 the Hugo City Council held a special workshop with Washington County Sheriff Bill Hutton and members of the department who educated the City officials in City Hall security and active shooter training. Staff was directed to make revisions to the City's Emergency Action Plan to include provisions and training in these two areas. As Council is aware, the City's safety consultant, Safe Assure, has prepared the City's Emergency Action Plan, and revisions have been made to the plan to include training for City Hall security and active shooter training. City Attorney Dave Snyder has reviewed the Emergency Action Plan along Hugo City Council Minutes for September 8, 2009 Page 3 of 8 with the Washington County Sheriffs Department and recommends approval. Adoption of the Consent Agenda approved the revisions to the City's Emergency Action Plan. Approve Rescheduling Date for CSAH 8 East Open House for Tuesday, September 29, 2009 At its July 6, 2009 meeting, the Hugo City Council accepted the recommendation from the Washington County Highway Department for the scheduling of an Open House for the CSAH 8 east road improvement project for Wednesday, September 9, 2009. Since that time, Washington County officials have requested the City of Hugo reschedule the date. Staff reviewed the City's public meeting calendar and recommends Council select Tuesday, September 29, 2009 at the City's Rice Lake Centre Community Room. Adoption of the Consent Agenda approved the scheduling of the CSAH 8 East Open House for Tuesday, September 29, 2009 from 4-7 p.m. at the City's Rice Lake Centre Community Room. Public Hearing on Resolution Authorizing Tax Abatement At its August 17, 2009 meeting, Hugo City Council scheduled a public hearing for Tuesday, September 8, 2009 at or after 7:00 p.m. in order to take public comment on the use of tax abatement to finance the purchase of parkland (the former Hansen gravel pit) and construction of a park building at Rice Lake Park. Finance Director Ron Otkin provided an overview of tax abatement. Parks Commission Chair Roger Clark explained the purchase of the Hansen property for a future park was consistent with the Master Parks Plan, and it is likely the Hanson gravel pit property will not be developed for some time. Mayor Fran Miron opened the public hearing to take any and all public comments. There were no oral or written comments. Weidt made motion, Klein seconded, to approve RESOLUTION NO. 2009-27 RESOLUTION APPROVING PROPERTY TAX ABATEMENTS. Ayes: Petryk, Haas, Klein, Weidt, Miron Nays: None Motion carried. Approve Resolution Providing for the Sale of $1,605,000 G.O. Tax Abatement Bonds City Finance Director Ron Otkin explained that State law authorizes the issuance of tax abatement bonds to finance public purpose expenditures, including acquiring parkland and constructing park improvements. In the previous motion, Council approved Tax Abatements bonds to be issued to provide funding to acquire parkland (Hansen property) and pay for improvements to the parkland (Rice Lake Park Shelter) in the public interest. To provide up- front funding for these items, staff recommends the issuance of tax abatement bonds in the amount of $1,605,000. Ron has worked closely with the City's financial advisors and legal counsel to assemble a bond issue that utilizes tax abatement, and he explained that, if approved, bids will be received until 10:30 a.m. on Monday, October 5, and will be considered by the City Council at their meeting on that evening. Haas made motion, Petryk seconded, to approve RESOLUTION NO. 2009-28 PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $1,605,000 GENERAL OBLIGATION TAX ABATEMENT BONDS, SERIES 2009B. Hugo City Council Minutes for September 8, 2009 Page 4 of 8 Ayes: Petryk, Weidt, Klein, Haas, Miron Nays: None Motion carried. Approve Resolution for a Conditional Use Permit for an Accessory Building for Beniamin Carter at 6128 Goodview Trail Circle Community Development Director Bryan Bear explained the applicant was requesting approval of a Conditional Use Permit (CUP) to allow the construction of a 324 square foot accessory building, where 260 square feet is allowed by ordinance, on property located at 6128 Goodview Trail Circle North. The property is approximately .58 acres and is located in the Single Family Detached Residential Zoning District where 260 square feet of accessory building space is permitted by ordinance. Section 90-204 of the Comprehensive Land Use Regulations allows accessory buildings up to 125 percent of the size permitted subject to the approval of a conditional use permit. This issues was tabled by the Council at its last meeting with specific direction to the applicant to resolve the property line and fence issue with the neighbor. Since then, the property had been surveyed and shows the fence to be 4-6 inches from the property line, and the applicant had replaced the boards on the neighbors fence. Ben Carter was at the meeting and stated he did not talk with his neighbor. Councilmember Klein said he did not approve of the request because the area was too small to accommodate the accessory building, was out of character with the surrounding homes, and issuing a CUP could be setting a precedence. Councilmember Weidt was displeased the applicant had failed to talk with his neighbor as requested by the Council at the previous meeting. Miron made motion, Petryk seconded, to approve RESOULATION 2009-29 APPROVING A CONDITIONAL USE PERMIT FOR BENJAMIN CARTER FOR AN ACCESSORY BUILDING UP TO 125% OF THE PERMITTED SIZE. Ayes: Petryk, Miron Nays: Weidt, Klein, Haas Motion failed. Benjamin Carter commented that he had wasted his time and money. Approve Revisions to the Employee Handbook for Leave of Absence Fire Chief Jim Compton and the Council directed staff to review the Employee Handbook's Leave of Absence policy to include members of the Fire Department. Currently, the Employee Handbook Leave of Absence policy relates to regular, full-time employees. Staff has revised the Leave of Absence policy to include paid on-call fire fighters including personal, medical and military leave. City Attorney Dave Snyder has reviewed the Leave of Absence policy and recommends approval. Fire Chief Jim Compton stated there was no prior policy on Leave of Absences for firefighters, and the policy would help maintain staffing levels. Petryk made motion, Klein seconded, to approve the revisions to the Employee Handbook to include the Leave Of Absence Policy. All Ayes. Motion carried. Hugo City Council Minutes for September 8, 2009 Page 5 of 8 Update on Ethan Avenue South Project City Engineer Jay Kennedy explained a meeting was held with the entire Ethan Avenue south neighborhood on July 13, 2009. On August 19, 2009, Mayor Miron, Council Member Petryk, and City staff met with the South Ethan Avenue neighborhood committee to provide additional information to the residents, answer specific questions, and discuss the next steps in the process. Ethan Avenue resident Rick Gwynn, representing the committee, explained he had made contact with neighbors not originally on list, and the committee will meet next week to form a petition and get neighborhood feedback. Mayor Miron stated the Council will continue to provide updates as the process moves forward. No formal action was taken. Discussion on Recommendation from the Parks Commission and Planning Commission on the Proposed Hunting Ordinance Over the past several years the City Council and Parks Commission have discussed issues regarding hunting in the City of Hugo. At its February 17, 2009 meeting, the City Council discussed the issues and directed staff to form a subcommittee to review hunting regulations in Hugo consisting of Parks Commissioners, City Council members, Planning Commissioners, and community members. Mayor Miron added that the issue of hunting on the north end of Bald Eagle Lake also needed to be addressed by the subcommittee. Community Development Assistant Dennis Fields provided a presentation to the Council regarding these topics and share the recommendations from the Hunting Committee, Parks Commission, and Planning Commission. Councilmember Petryk explained that because the lake was multi jurisdictional, hunting was only allowed on approximately two percent of the lake. Haas suggested the ordinance reference the Shooting Range Protection act as well as other minor changes. Staff pointed out that banning hunting on Bald Eagle Lake would not be similar to "spot zoning" because of the uniqueness of the lake, as pointed out in the Findings of Fact prepared by staff. Rick Gwynn, 12277 Ethan Avenue North, said he was an avid duck hunter but felt it should be banned on Bald Eagle Lake. Roger Clark said he was on the hunting committee and initially voted to keep hunting on Bald Eagle Lake, but after reviewing the Findings of Fact, he agreed hunting should be banned. John Good, 12535 Ethan Avenue North, said his picture window had been damaged by birdshot. Jim Leroux, resident at 4360 165th Street North and former Councilmember, explained this has been a problem since the 1990's, and it focuses negative attention to hunting. He encouraged the Council to prohibit hunting on Bald Eagle Lake but protect the right to hunt in the City of Hugo. Jennifer Hart -Abraham, 12646 Ethan Avenue North, said the house next to her had been hit by buckshot, and it was not safe to allow hunting on the lake. Darleen Anderson, 4669 126th Street North, said she has experienced buckshot falling on her as she walked and rode around the lake, and it was not safe. Jim Compton, 4741 - 126th Street North, said he agreed with the other residents as this was a developed area. Hugo City Council Minutes for September 8, 2009 Page 6 of 8 Petryk made motion, Klein seconded, to approve RESOLUTION 2009-29 APPROVING FINDINGS OF FACT PROHIBITING THE DISCHARGE OF FIREARMS WITHIN THE LIMITS OF THE ORDINARY HIGH WATER MARK ON BALD EAGLE LAKE, and ORDINANCE 2009-433 AN ORDINANCE AMENDING CHAPTER 50, SECTION 50-1 SHOOTING REGULATIONS, to include prohibiting the discharge of firearms on Bald Eagle Lake. Ayes: Klein, Petryk, Weidt, Miron Nays: Haas Motion carried. Miron made motion, Weidt seconded, to schedule a public hearing on the Shooting Ordinance, and to publish it in the local paper as well as notify local shooting clubs and residents along Bald Eagle Lake. All Ayes. Motion carried. Schedule Interviews for Planning Commission Vacancies At it's June 15, 2009 meeting, the Hugo City Council accepted the letter of resignation from Planning Commission Doug Galler and directed City staff to advertise for the vacancy on the Planning Commission. Subsequent to submittal of Doug Galler's resignation letter, the City received a letter of resignation from Planning Commissioner Greg Burmeister who is moving out of the City as well. The City has received a total of three applicants for the two vacancies on the Planning Commission. Petryk made motion, Haas seconded to schedule interview for 7:30 p.m. on September 14, 2009, following the City -Wide Bus Tour. All Ayes. Motion carried. White Bear Lake Senior Program "Age Wave" Focus Group Meeting Tuesday, September 22, 2009 As Council is aware, for the past two years, City staff has been involved in a number of focus groups regarding the services provided and needed for White Bear Lake area seniors. At the conclusion of the focus group study, which included areas of transportation, chore services, and mental illness, the suggestion was made to schedule public informational meetings. Council is aware of the transportation forum held by the City of Hugo earlier this year as well as involvement in a state grant for services for seniors with mental illness. White Bear Lake Senior Coordinator Barb Green requested that the City of Hugo hold the focus group meeting with an opportunity for seniors to participate in discussion on the Age Wave, due to the number of seniors retiring and the need to provide opportunities. Miron made motion, Petryk seconded, to schedule Tuesday, September 22, 2009 from 10:00 a.m. to noon, as a Council meeting to allow attendance at the city-wide focus group with Hugo seniors on the Age Wave. Hugo City Council Minutes for September 8, 2009 Page 7 of 8 All Ayes. Motion carried. Discussion on Development of Master Plan Amendment of Big Marine Park Reserve Washington County Public Works Department is creating a Technical Advisory Committee (TAC) to review the development a master plan amendment for Big Marine Park Reserve. The City of Hugo has been invited to participate on the TAC and assist the County and its consultant in the planning process. The TAC will meet 3-4 times during the project with the first meeting scheduled for Tuesday, Sept 15, 2009 at 2:00 p.m. Miron made motion, Haas seconded, to direct staff to have a representative of the City of Hugo attend the Big Marine Park Reserve TAC meetings. All Ayes. Motion carried. Resolution Approving Preliminary Tax Lew For Payable 2010 At its August 10, 2009 budget workshop, Hugo City Council listened to a presentation from Finance Director Ron Otkin highlighting revenue and expenditures to date as well as projections for the 2010 City Budget. After discussion, Council directed the Finance Director to prepare a tax levy resolution that includes a levy for Market Value Homestead Credit that was unalloted by Governor Tim Pawlenty in 2008 as well as 2009. Finance Director Ron Otkin presented the preliminary 2010 tax levy to the City Council and explained there was an error in the preliminary tax rate calculation. After accounting for fiscal disparities, the urban tax rate will decline for the seventh consecutive year providing property tax relief for residents. Weidt made motion, Haas seconded, to adopt RESOLUTION 2009 - 30 APPROVING PRELIMINARY TAX LEVY PAYABLE IN 2010. Ayes: Haas, Petryk, Weidt, Klein, Miron Nays: None Motion carried. Haas made motion, Miron seconded, to direct staff to review legislation on some of the appropriations made in the preliminary budget. All ayes. Motion carried. Discussion on Confidential Employment Matters City Attorney Dave Snyder has requested that the City Council go into executive session to discuss confidential employment matters. Mayor Fran Miron recessed the regular meeting and go into executive session at 9:20 p.m. Hugo City Council Minutes for September 8, 2009 Page 8 of 8 Return to Regular Session Miron called the regular City Council session back to order at 9:27 p.m. Assistant City Attorney Christine Eid summarized the discussion held in the executive session regarding confidential employee matters. Haas made motion, Weidt seconded, to approve staff's recommendation regarding a confidential employee matter. All ayes. Motion Carried. Adjournment Haas made motion, Petryk seconded, to adjourn at 9:29 p.m. All Ayes. Motion carried. Respectfully submitted, Michele Lindau City Clerk