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HomeMy WebLinkAbout2009.09.21 CC MinutesMUNUTES FOR THE CITY COUNCIL MEETING OF SEPTEMBER 21, 2009 Mayor Fran Miron called the meeting to order at 7:04 p.m. PRESENT: Klein, Petryk, Weidt, Miron ABSENT: Haas ALSO PRESENT: City Administrator Mike Ericson, Community Development Director Bryan Bear, Public Works Director Scott Anderson, Senior Engineering Technician Steve Duff, City Engineer Jay Kennedy, Assistant City Attorney Christine Eid, and City Clerk Michele Lindau Moment of Silence for Irene Leroux Mayor Fran Miron requested a moment of silence in honor of Irene Leroux who passed away on September 10, 2009. Irene served on the Hugo City Council in the early 1970's, and the Mayor recalled serving with her son Jim Leroux on the Council as well. Mayor Miron commented on the many years of service she gave to the City, church, and many other community organizations. Irene was 96 years old. Approval of Minutes for the Neighborhood Meeting on September 2, 2009 on Gravel Pit (Hansen Property) Weidt made motion, Petryk seconded, to approve the minutes for the September 2, 2009 meeting regarding the former Hansen property as presented. All Ayes. Motion carried. Approval of Minutes for the City Council Meeting of September 8, 2009 Weidt made motion, Klein seconded, to approve the minutes for the September 8, 2009 City Council meeting as presented. All Ayes. Motion carried. Approval of Minutes for the Executive Session of September 8, 2009 Klein made motion, Petryk seconded, to approve the minutes for the September 8, 2009 Executive Session as presented. All Ayes. Motion carried. Approval of Minutes for the City -Wide Bus Tour on September 14, 2009 Weidt made motion, Klein seconded, to approve the minutes for the September 14, 2009 City- wide Bus Tour as presented. All Ayes. Motion carried. Hugo City Council Minutes for September 21, 2009 Page 2 of 7 Approval of Minutes for the Planning Commissioner Interviews on September 14, 2009 Petryk made motion, Klein seconded, to approve Minutes for the Planning Commissioner interviews on September 14, 2009, as presented. All Ayes. Motion carried. Approval of the Agenda Miron made motion, Petryk seconded, to approved the agenda as amended. Add K.1 - Resident Request to Discuss Larry Nuorala Wetland Violation All Ayes. Motion carried. Approval of Consent Agenda Weidt made motion, Klein seconded, to approve the following Consent Agenda: Approval of Claims Approve Annual Performance Review for City Clerk Michele Lindau Approve Annual Performance Review for Public Works Worker Paul Christianson Approve Annual Performance Review for Public Works Worker Tim Kieffer Approve Findings of Fact for Denial of CUP for Benjamin Carter at 6128 Goodview Trail Circle Approve Appointment of Rick Gwynn and Scott Arcand as New Planning Commissioners Approve Authorization to Advertise for Sale of 1999 Ford Ambulance from Mahtomedi Approve Administrative Interpretation regarding Wind Powered Generators on Rooftops Approve Revisions to the Employee Handbook for Leave of Absence for Firefighters Approve Rescheduling Date for CSAH 8 East Open House for Wednesday, October 14, 2009 All Ayes. Motion carried. Approval of Claims Adoption of the Consent Agenda approved the Claims Roster as presented. Approve Annual Performance Review for City Clerk Michele Lindau Michele Lindau was hired as the new City Clerk in the City of Hugo on January 1, 2007. Michele was originally hired by the City of Hugo as a part time employee in 1997 and a full time employee beginning May 1, 1999. Michele is an excellent employee with excellent customer service skills and an ability to always get the job done. She brings a great skill set to the position which includes multi -tasking, attention to detail, and ability to meet timelines. Adoption of the Consent Agenda approved the annual performance review for City Clerk Michele Lindau. Hugo City Council Minutes for September 21, 2009 Page 3 of 7 Approve Annual Performance Review for Public Works Worker Paul Christianson The City of Hugo hired Paul Christianson as a public works worker on September 27, 2004. For the past five years, Paul has demonstrated a good work ethic in performing a wide variety of duties in the Public Works Department and has good communication skills in dealing with the public and contractors. Adoption of the Consent Agenda approved the annual performance review for public works worker Paul Christianson. Approve Annual Performance Review for Public Works Worker Tim Kieffer On September 27, 2004, the City hired Tim Kieffer as a public works worker. Tim is a skilled and conscientious employee in the Public Works Department and has excellent customer service skills in dealing with residents and contractors. Tim is a valued member of the Public Works Department and has completed a wide variety of duties. Adoption of the Consent Agenda approved the annual performance review for public works worker Tim Kieffer. Approve Findings of Fact for Denial of CUP for Benjamin Carter at 6128 Goodview Trail Circle At the Tuesday, September 8, 2009 Council meeting, the motion failed to approve the CUP for 25% more square footage for an accessory building for Benjamin Carter. There was discussion during the meeting that the size of the accessory building did not fit in with the character of the area. Staff prepared the findings of fact for denial for the City Council to consider. Adoption of the Consent Agenda approved adoption of RESOLUTION 2009-31 APPROVING FINDINGS OF FACT DENYING A REQUEST FOR A CONDITIONAL USE PERMIT FOR BENJAMIN CARTER FOR AN ACCESSORY BUILDING UP TO 125% OF THE PERMITTED SIZE IN THE SINGLE FAMILY DETACHED RESIDENTIAL ZONING DISTRICT ON PROPERTY LOCATED AT 6128 GOODVIEW TRAIL CIRCLE NORTH Approve Appointment of Rick Gwynn and Scott Arcand as New Planning Commissioners On September 14, 2009, the Hugo City Council conducted interviews of three candidates for two vacancies on the Planning Commission to replace Commissioners Doug Galler and Greg Burmeister. Both have resigned due to recently moving out of the City of Hugo. After interviews, Council agreed to approve Rick Gwynn and Scott Arcand as the new Planning Commissioners. Adoption of the Consent Agenda approved the appointment of Rick Gwynn and Scott Arcand as new Commissioners to the Hugo Planning Commission. Approve Authorization to Advertise for Sale of 1999 Ford Ambulance In 2003, the Hugo Fire Department purchased a used ambulance from the City of Mahtomedi. At that time, the department was in need of a second rescue vehicle. In January 2006, the department entered into an agreement with the White Bear Lake Fire Department for in-house ambulance service, which included the housing of White Bear Lake / Hugo Ambulance 4 at the Hugo Fire Station. The Mahtomedi used ambulance is in need of over $4,000 in repairs including a valve job, brakes, rotors and other miscellaneous repairs. At this time, with the department having both the heavy rescue and ambulance at its disposal, the expenditure to fix the Mahtomedi ambulance would not be fiscally responsible. Adoption of the Consent Agenda approved the Fire Department's request to place the vehicle up for bid and use the funds towards the purchase of a Deputy Chiefs response vehicle. Hugo City Council Minutes for September 21, 2009 Page 4 of 7 Approve Administrative Interpretation regarding Wind Powered Generators on Rooftops Recently there's been a request to construct a roof -top wind power generator in the rural residential district. The City's Municipal Code does not address regulation or the process of approval for roof -top wind power generators. Because of that, staff does not have a way to address the request for installation for that type of equipment. However, the zoning ordinance does regulate antennas and pole mounted wind power generators. It's in staff's opinion that the interpretation of the antenna ordinance and the regulation for installation of wind power generators can be combined to allow for administrative approval of roof -top wind power generators. Adoption of the Consent Agenda approved staff's interpretation of wind powered generators on rooftops. Approve Revisions to the Employee Handbook for Leave of Absence for Firefighters At its September 8, 2009 meeting, the Council approved revisions to the Employee Handbook for leave of absences for firefighters. Subsequent to the revisions, staff determined that military leave of absence was not include for accrual of service time. Staff notes specifically that "on- call firefighters on military leave of absence DO accrue service time". Fire Chief Jim Compton requested a revision to the policy to correct this error. Adoption of the Consent Agenda approved the revision to the Employee Handbook for the Leave of Absence for firefighters. Approve Rescheduling Date for CSAH 8 East Open House for Wednesday, October 14, 2009 At its September 8, 2009 meeting, the Hugo City Council accepted the recommendation from the Washington County Highway Department for the rescheduling of an Open House for the CSAH 8 east road improvement project for Tuesday, September 29, 2009. Since that time, Washington County officials have requested the City of Hugo reschedule the date to October 14, 2009. Adoption of the Consent Agenda approved the rescheduling of the CSAH 8 East Open House for Wednesday, October 14, 2009 from 4-7 p.m. at the City's Rice Lake Centre Community Room. Discussion on Scoping Estimate for Undergrounding Power Lines on TH61 - 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. John Wertish had been unable to attend the last few Council meetings due to a family emergency but was in attendance this evening. The Council asked John about using a design similar to the poles in Victor Gardens. John explained the power poles through the Victor Gardens development held express feeder lines, which deliver voltage with few taps going off it. The poles along Highway 61 in the downtown area hold main line feeders with several taps. To underground the poles with taps would require surface mounted transformers located in the right of way which require ten feet clearance for operations. He further explained that both above and underground power lines need replaced every 20-25 years, and it is an expense of Xcel's to install and maintain the lines. Xcel would Hugo City Council Minutes for September 21, 2009 Page 5 of 7 also bear the expense if the lines needed to be relocated due to a changed road system, and should they be located underground instead of above at that time, the City would be responsible for the undergrounding less the depreciated life of the lines. Another option would be to keep the current lines and serve new customers with underground power lines. Miron made motion, Weidt seconded, to direct staff to continue to work with Xcel Energy in long-term planning along TH61 for utilities, and draft an ordinance or policy for City Council consideration on undergrounding power lines using the League of Minnesota Cities' model. All Ayes. Motion carried. Update on Friends of Hugo Parks 501(03 Non -Profit Organization At its July 20, 2009 meeting, the City Council directed staff to formalize the relationship with the Hanifl Foundation and authorized the formation of a non-profit organization to accept public donations. The Parks, Recreation and Open Space Commission discussed the non-profit organization at its September 9, 2009 meeting. At that meeting, the Parks Commission approved the formation of "Friends of Hugo Parks and Recreation" and a tentative Board of Directors. City Administrator Mike Ericson explained the next steps of the Friends of Hugo Parks and Recreation Board of Directors is to form a mission statement, draft bylaws, and file articles of incorporation. Petryk made motion, Klein seconded, to formally support the Friends of Hugo Parks and Recreation 501(c)3 non-profit organization and their tentative Board of Directors All Ayes. Motion carried. Discussion on Safe Rooms In spring of 2009, the City Council had a discussion regarding safe rooms in homes that would be built to protect citizens from tornados or other severe weather conditions. After some discussion, the Council felt they did not want to add additional cost to homebuyers by requiring a safe room in new homes; however, they decided it would be best to require contractors to offer a safe room as an option. Bryan Bear explained that the League of Minnesota Cities cautioned against requiring safe rooms since it is not included or contemplated in the State Building Code. Staff had researched thirty cities and found only one that requires safe rooms. The Building Department also sent out survey letters to area builders and asked for their feedback. The builders who responded had concerns regarding spec homes, design costs, and regulations such as inspections. Miron made motion, Weidt seconded, directed staff to insert language in development agreements that requires builders to provide an option with respect to safe rooms. All Ayes. Motion carried. Update on City -Wide Bus Tour On September 14, 2009, the City hosted the fourth annual City-wide bus tour. This year's tour was the most attended yet with over 45 participants including Council, Commission Members, Hugo City Council Minutes for September 21, 2009 Page 6 of 7 City staff and several residents. Community Development Director Bryan Bear and Senior Engineering Technician Steve Duff narrated the tour that included visiting 20 sites around the City. Bryan asked Council to let staff know if they have suggestions for next years tour. Councilmember Tom Weidt suggested a round table discussion be held at the end of the tour, and the Council agreed that was a good idea. Request from Resident to Review Fatal Vehicular Accident on TH61 and 159th Street The City has received a request from a resident to review circumstances surrounding the fatal accident that occurred at TH61 and 159th Street on Thursday, August 27, 2009 where two people were killed. The resident is specifically concerned about the 55 mph speed limit on Highway 61 between 150th Street to just north of 170th Street. Miron made motion, Petryk seconded, to approve RESOLUTION 2009-32 AUTHORIZING THE MINNESOTA DEPARTMENT OF TRANSPORTATION (MNDOT) TO COMPLETE A SPEED STUDY ON STATE TRUNK HIGHWAY NO. 61 BETWEEN 170TH STREET AND 147TH STREET. All Ayes Motion carried. The Mayor directed staff to contact the resident and let them know a speed study has been requested. Discussion on Storm Sewer Improvement Tax Districts Recently, a builder in the Diamond Point East neighborhood attempted to combine two parcels in the Diamond Point development together with the intention of building a single house covering portions of both lots. Community Development Director Bryan Bear explained the builder was initially unable to combine the two lots because they had different tax codes assigned by Washington County. City staff determined that the lots had different tax codes because of a Storm Sewer Improvement Taxing District that was created in 1996. The City has two such taxing districts. District No. 1 was created to address flooding problems in Hugo and May Township and included a joint powers agreement with May Township. This also lead to the creation of the Browns Creek Watershed District, which was formerly the Browns Creek Watershed Management Organization, which was not a taxing entity. District No. 2 is over parcels in the Creek View Preserve Development. The City has never levied a tax in either district. While staff has made arrangements with Washington County allowing for the combination of the two parcels in Diamond Point, the staff questioned whether the two taxing districts should be repealed. Miron made motion, Weidt seconded, to direct staff to prepare an ordinance to rescind the two taxing district and have discussions with May Township on this issue. All Ayes. Motion carried. Street Reconstruction Program Update/Discussion City Engineer Jay Kennedy, Public Works Director Scott Anderson, and Senior Engineering Technician Steve Duff explained the 2009 Street Reconstruction project (Hugo Elementary Hugo City Council Minutes for September 21, 2009 Page 7 of 7 School neighborhood) is substantially complete. Jay presented a PowerPoint with before and after pictures that showed substantial improvement to the neighborhood. The next step in the CIP process is to identify a project for construction in 2010. City staff had prioritized the potential street reconstruction projects and Jay shared them with the Council. For 2010, staff is recommending that the Council consider the neighborhood within the northeast corner of TH61 and 140th Street North. Council discussed holding a post -construction meeting with the residents involved in the Hugo Elementary School neighborhood street reconstruction project as well as the neighbors the proposed future project. Weidt made motion, Klein seconded, to schedule a meeting for October 12, 2009 at 7:00 p.m. with the Hugo Elementary School neighborhood and the neighborhood at the northeast corner of 140th Street and TH61. All Ayes. Motion carried. Resident Request to Discuss Larry Nuorala Wetland Violation This item was added to the agenda as requested by resident June Rogalla, 8086 165th Street North, who stated she was frustrated with the lack of compliance by Larry Nuorala on the wetland violation that occurred in 2007. Mayor Miron provided background on the violation at property located on 170th Street, west of Ingersoll Avenue where a road was built that involved filling wetlands without a permit. The Mayor explained the City of Hugo is the Local Governing Unit (LGU) with respect to the Wetland Conservation Act (WCA), and a number of meetings had been held regarding the violation, and he had been served a restoration order. The issue is now in the legal system. Council suggested June continue working with Jyneen Thatcher, Wetland Specialists at Washington Conservation District (WCD) and the MN Department of Natural Resources (DNR) through the legal system as it was not longer in the jurisdiction of the City. The City of Hugo would only be involved again is if Mr. Nuorala should apply for another permit but may be able to provide June information she needs. Petryk made motion, Klein seconded, to work with June directly on this issue and provide her information with respect to the Larry Nuorala Wetland Violation. All Ayes. Motion carried. Adjournment Klein made motion, Petryk seconded, to adjourn at 9:07 p.m. All Ayes. Motion carried. Respectfully Submitted, Michele Lindau City Clerk