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HomeMy WebLinkAbout2009.10.19 CC MinutesMINUTES FOR THE CITY COUNCIL MEETING OF OCTOBER 19, 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, Community Development Assistant Dennis Fields, Fire Chief Jim Compton, Assistant City Attorney Christine Eid, Park and Recreation Intern Shayla Severson, and City Clerk Michele Lindau Approval of Minutes for the City Council Meeting on October 5, 2009 Petryk made motion, Klein seconded, to approve the minutes for the October 5, 2009 City Council meeting as presented. All Ayes. Motion carried. Approval of Minutes for the Emergency Preparedness Meeting at Minnesota State Capital on October 6, 2009 Weidt made motion, Petryk seconded, to approve the minutes for the October 6, 2009 meeting held at the Minnesota State Capital with Farmers Insurance on Emergency Preparedness and the City of Hugo's response to the May 25, 2008 tornado disaster as presented. All Ayes. Motion carried. Approval of Minutes for the Neighborhood Meeting on Street Reconstruction Proiects on October 12, 2009 Weidt made motion, Klein seconded, to approve the minutes for the October 12, 2009 neighborhood meeting held with residents in the Hugo Elementary School neighborhood and the neighborhood at the northeast corner of TH61 and CSAH 8 east (Egg Lake Road) for the City's street reconstruction program as presented. All Ayes. Motion carried Approval of the Agenda Miron made motion, Haas seconded, to approved the agenda as amended: Add L.1: Report on Yellow Ribbon Network All Ayes. Motion carried. Hugo City Council Minutes for October 19, 2009 Page 2 of 10 Proclamation for October as Toastmasters Month Toastmasters International is the world's leading organization devoted to communication, public speaking, and leadership skills. It was founded in October of 1924 and has more than 211,000 members in 90 countries. Toastmasters Club are made up to 20-30 people who gather weekly to follow an agenda of prepared speeches and impromptu speeches with an opportunity to gain everyday speaking tips for both personal and professional use. The Hugo Toastmasters Club was formally established in June 2009 and meets on the first and third Wednesday of each month at noon in the Hugo City Hall Oneka Room. Membership of the Hugo Toastmasters Club continues to grow, and the group encourages anyone interested in becoming a member to contact Hugo City Hall or simply attend a meeting. Weidt made motion, Petryk seconded, to proclaim October 2009 as Toastmasters Month in the City of Hugo. All Ayes. Motion carried. Recognition of Parks and Recreation Commissioner Russ Schmidt At its October 5, 2009 meeting, the Council formally accepted the resignation of Parks and Recreation Commissioner Russell Schmidt. Russ resigned from the Parks Commission after serving for two years because he is moving out of the City of Hugo. Russ has been a dedicated and committed Commissioner on the Park and Recreation Commission, and his service to the Commission will be greatly missed. Parks Commission Chair Roger Clarke was in attendance and assisted the Mayor and Council in thanking Russell Schmidt for his dedicated service to the Parks Commission and presenting him with a Certificate of Appreciation. Approval of Consent Agenda Haas made motion, Petryk seconded, to approve the following Consent Agenda: Approval of Claims Approve Memorandum of Understanding Between the City of Hugo and the Hanifl Foundation Approve Annual Performance Review for Accounting Clerk Anna Wobse Approve Medical Direction Agreement for Hugo Fire Department and Regions Hospital Approve Appointment of Health Savings Account (HSA) Administrator Approve Authorization to Advertise for New Parks Commissioner Approve Revision to the Park Naming Policy All Ayes. Motion carried. Approval of Claims Adoption of the Consent Agenda approved the Claims Roster as presented. Hugo City Council Minutes for October 19, 2009 Page 3 of 10 Approve Memorandum of Understanding Between the City of Hugo and the Hanifl Foundation For more than a year, Hugo City officials have been meeting with the Parks and Recreation Programming Subcommittee along with resident Sharon Hanifl-Lee whose family foundation expressed interest in making a large financial donation to the City of Hugo for the construction of a new park shelter at Rice Lake Park. After several meetings, the City of Hugo was excited to learn that the Hanifl Family Foundation, based out of Barrington Hills, IL, was interested in moving forward with making the donation. The donation would be for the construction of the park shelter with a primary focus on educating children on the environment and working with youth groups such as girl scouts and boy scouts. At its September 8, 2009 meeting, the Hugo City Council accepted the Parks and Recreation Programming Subcommittee recommendation to proceed with the final draft of the Memorandum of Understanding (MOU), which would be used as the legal instrument to allow the donation of the funds from the family foundation to the City of Hugo. The MOU was prepared and revised by City Attorney Dave Snyder and was signed by Suzanne Hanifl, as president of the Hanifl Family Foundation, on October 5th, 2009. The MOU allows the City of Hugo to receive $500,000 in funds over a period of five years. The first payment of $100,000 will be paid after the City of Hugo completes construction plans and enters a contract for construction for the new parks shelter. Also, the MOU states that the City of Hugo will recognize the grant by giving naming rights in the form of Hanifl Fields Athletic Park and the installation of a monument with a short inscription determined by the Hanifl Foundation. Adoption of the Consent Agenda approved the Memorandum of Understanding between the City of Hugo and the Hanifl Foundation for the Hanifl Fields Athletic Park and monument. Approve Annual Performance Review for Accounting Clerk Anna Wobse The City of Hugo hired Anna Wobse as the City's new Accounting Clerk on October 27, 2008. Over the past year, Anna has worked diligently to learn the City's accounting software and has taken over the accounts payable and payroll functions from Finance Director Ron Otkin. Anna is a quick study and a dependable worker who provides essential services to the Finance Department in these areas, along with the usual day-to-day duties of the Finance Department. Anna is a dedicated employee of the City of Hugo with a pleasant demeanor and excellent customer service skills. Adoption of the Consent Agenda approved the annual performance review for Accounting Clerk Anna Wobse . Approve Medical Direction Agreement for Hugo Fire Department and Regions Hospital On Friday, October 2, 2009, Hugo Fire Department officials and City staff met with representatives from Regions Hospital, which included Doctor Frascone, the Medical Director who oversees the City of Hugo's BLS ambulance service. After review of the past year of service, Regions Hospital has offered to provide extension on the City's Medical Direction Agreement with Regions Hospital for a five-year period at the same cost for the first three years. City Attorney Dave Snyder has reviewed the agreement and found it to be satisfactory for the services provided to the Hugo Fire Department by Regions Hospital. Adoption of the Consent Agenda approved the Medical Direction Agreement for the Hugo Fire Department and Regions Hospital for review and oversight of the City's BLS ambulance service. Hugo City Council Minutes for October 19, 2009 Page 4 of 10 Approve Appointment of Health Savings Account (HSA) Administrator To meet our 2010 budget goals, the City of Hugo is switching to the Options Blue 100 health insurance plan offered by Blue Cross and Blue Shield effective January 1, 2010. This is a qualified High Deductible Health Plan that allows employees the option of establishing tax - favored Health Savings Accounts. Since each Health Savings Account is a financial asset, staff recommends the appointment of First Horizon Msaver, one of the country's largest administrators of employee funded benefit accounts, to administer them. Adoption of the Consent Agenda approved an Employer Funding Portal Service Agreement between First Horizon Msaver and the City of Hugo. Approve Authorization to Advertise for New Parks Commissioner At its October 5, 2009 meeting, the Hugo City Council accepted the resignation of Parks Commissioner Russell Schmidt who will be moving out of the City of Hugo. Adoption of the Consent Agenda approved authorization to advertise for a new Parks Commissioner to fill the vacancy created by the resignation of Parks Commissioner Russell Schmidt Approve Revision to the Park Naming Policy At their October 14, 2009 meeting, the Parks Commission discussed the Park Naming Policy and granting naming rights to the Hanifl Foundation in recognition of their donation of funds to the Rice Lake Park. The Parks Commission recommends the addition to the Park Naming Policy. Adoption of the Consent Agenda approved the revision to the Park Naming Policy. Proposed Revisions to Shooting Regulations Ordinance At its September 8, 2009 meeting, Hugo City Council discussed the recommendation from the City's Hunting Committee, which included a review of the City's Shooting Ordinance, discharging of a controlled weapon in City Parks, and Hunting on Bald Eagle Lake. At the meeting, and with the support of a number of residents, the Council voted 4-1 to prohibit the discharge of firearms on Bald Eagle Lake effective immediately. The purpose of the vote, in advance of the October 3, 2009 waterfowl hunting opener, was necessary to educate and inform residents as well as hunters who have hunted on the lake in the past. Council also scheduled a public hearing in order to take public comment on revisions to the City Shooting Regulations Ordinance. Community Development Assistant Dennis Fields presented a PowerPoint presentation outlining proposed changes in the ordinance, after which Mayor Fran Miron opened the public hearing at 7:24 p.m. to take public comment on the revisions made to the City's Shooting Regulations Ordinance. Tom Raster, 15227 Greene Avenue, lives next to the boat landing on Oneka Lake and was concerned that shooting would be prohibited on the shore of the lake in front of his home, which is approximately 75 feet from his home. Under the proposed ordinance, shooting could occur within 500 feet of his home with written permission. Jay Langer, 6325 West Bald Eagle Boulevard, has lived on the west side of Bald Eagle Lake for 25 years. Jay said he does not hunt and has never had a problem with a hunter. Hugo City Council Minutes for October 19, 2009 Page 5 of 10 Steve Mottl, 376 County Road F, St. Paul, said his family lives on the lake, and he has been hunting Bald Eagle Lake for years. He asked the Council to reconsider their decision. He said it was not a safety issue; hunters now need a Firearm Safety Certificate to purchase a license, and there have only been four homes built in the area in the past 19 years. He questioned why the urgency to ban hunting now. Frank Freshwater, 44 West Mangolia Avenue, St Paul, said he hunts deer at Rice Lake. He asked that archery hunting be left open in City Parks. Crystal Bernston, 12686 Ethan Avenue North, has lived there since 1986 and said her windows shatter every single hunting season. She did not let her kids outside or go canoeing on the lake when there were hunters on the lake because it was not safe. Bruce Discher, 6302 165th Street North, said he is an archery hunter, and 500 feet is a long way for an arrow to go; the maximum shot is around 30 yards. With the proposed ordinance, he said he would not be able to harvest an animal on his land with a bow and arrow if his neighbor is anti -hunting. Jim Silk, 6121 West Bald Eagle Boulevard, said there is a 100 -year duck hunting tradition on his property and he questioned the high water mark. It was determined he could shoot on his property if he stayed outside of the ordinary high water mark. Judy Silk, 6121 West Bald Eagle Boulevard, was curious about the number of noise complaints from hunting versus other noise complaints. Judy said her family has been hunting over 100 years; gun safety and duck habitat are being taught to kids who are outside learning about nature. Stuart Johnson, 5438 Franklin Avenue, White Bear Lake, questioned the findings of fact, which he said stated reasons for banning hunting was because it was too noisy and because it was hard to enforce. He asked why ban something because it was too noisy or too hard. Michael Clyne, 15450 Geneva Avenue North, said he has lived on Egg Lake for 10 years and hunts with neighbors and kids, and he has never seen a safety issue. Michael said the season is short, it is usually cold with not much recreation on the lake. He said he thinks the uses on the lake should be able to co -exist and not banned because of what a few people are saying. He wants to see Hugo maintain its rural culture, and said he is a proponent of allowing bow hunting in the City's passive parks. Gary Caruth, 62375 West Bald Eagle Lake, asked about where he could put decoys on the lake. Tom Creaver, 14942 Ingersoll Avenue North, lives on Sunset Lake. Tom said he hears the hunting on Sunset Lake, and it is more quiet than the motorcycles going around the lake. Matt Russell, 5997 Egg Lake Road, asked about air -soft guns being considered a controlled weapon as defined in the proposed ordinance. Dwight Harvey, 12471 Ethan Avenue North, said he has lived there for 11 years and hears guns every day of hunting season, giving reason for other municipalities to have prohibited it. Dwight said it is a safety issue. Hugo City Council Minutes for October 19, 2009 Page 6 of 10 Thomas Rodriguez, 6150 151St Street North, said hunting waterfowl is a sport and there was prejudice against it. Thomas said 500 yards is extremely liberal, with the effective range of a shotgun being no more than 35 yards. Most hunters have been hunting with someone who has been hunting for years and it is tradition. His 8 and 11 year old children will be hunting with him this year, and he asked the Council to reconsider the Bald Eagle Lake regulation and to become more informed before making a decision. Rick Gwynn, 12277 Ethan Avenue North, said he is an avid duck hunter and it was a perceived safety issue; most residents on the east side of the lake are not hunters. Rick said there were other opportunities to hunt in Hugo, and irresponsible hunters were ruining it for all. Jacob French, 5343 Berry Lane, White Bear Township, said he mentors young hunters and would like to be able to take them to Bald Eagle Lake. He said to look beyond the noise issue and that it is a public lake, and Hugo should not have to conform with the other municipalities. Taylor Schmidt, 5897 Egg Lake Road, asked about having to be 500 feet from Egg Lake Road to discharge a air -soft gun. Community Development Assistant Dennis Fields clarified that the discharge of a controlled weapon within the limits of the road is prohibited. A resident at 6615 145th Circle North in the Diamond Point Development said he does not have a problem with hunters on Rice Lake, and the 500 -foot rule should be enforced. Crystal Burnston said she took offense to being called ignorant just because she disagrees. Crystal asked why canoeing, etc, should be less than those sports (hunting), and said there were more ways to enjoy family time outdoors that do not include hunting and shooting. Greg Mottl, 5353 West Bald Eagle Boulevard, said hunters don't have a lot of time to hunt before the lake freezes; people use the lakes year around. Greg asked the Council to reconsider hunting on the north end of Bald Eagle Lake. Dylan Tierney, 6360 151St Street Court North, asked about shooting off his deck. Sue Mottl, 5353 West Bald Eagle Boulevard, said she has lived on the lake for 47 years, and feels the ordinance is discriminating against duck hunters. She said she does not believe it is a safety issue and questioned how many citations had been issued. There were no other comments, and Mayor Miron closed the public hearing at 8:43 p.m. The Council discussed whether archery should be allowed in passive parks, whether hunting on Bald Eagle Lake was a nuisance or a public safety issue, establishing "zones" in the City, and if the definitions of a firearm and controlled weapon should be changed to include things that required a license. Mayor Miron asked for leadership from the group to meet with other governing bodies on Bald Eagle Lake to create a uniform, enforceable policy. Haas made motion, Weidt seconded, to table the issue to allow staff to address the concerns mentioned and work on a multi jurisdictional approach to hunting on Bald Eagle Lake. Hugo City Council Minutes for October 19, 2009 Page 7 of 10 All Ayes. Motion carried. Mayor Fran Miron called for a five-minute recess. Approve Revisions to the City's Fire Prevention and Protection Ordinance Regarding Open Burns City Administrator Mike Ericson explained the City's current policy and application process on open burns, which is fairly straight forward and simple. Applicants must complete an application, which must be submitted to the Hugo Fire Department, and a Fire Department official will then make a site visit and determination on whether or not the property owner can conduct a burn. The Council had directed City staff to prepare a revised ordinance which would better regulate fires in the City of Hugo and not have an affect on recreational fires, which are allowed without a permit. Fire Chief Jim Compton explained the proposed ordinance requires permits for all other fires including fires when there is more than a continuous three inches of snow on the ground; however in this case, the applicant would not be required to pay a permit fee. Also included in the proposed ordinance is a fee schedule for the cost of responding to illegal fires. Mayor Miron said the policy should designate who makes the decisions on when and what fees to charge, and there should be an appeal process. He also supported the DNR's policy on burning without the need to come in for a permit when there is three inches of snow on the ground. Weidt made motion, Klein seconded, to table approval of the ordinance to allow staff to work with the Fire Chief on the issues raised by the Council. All Ayes. Motion carried. Approve Parks and Recreation Open House on Tuesday, November 10, 2009 At its October 5, 2009 meeting, the Hugo City Council discussed a recommendation from the Parks and Recreation Sub -Committee to hold an Open House with residents on October 27, 2009 to discuss the City of Hugo's current recreational programming opportunities as well as future needs. The Council determined it would like to attend the meeting and that October 27, 2009 was not preferable. Council had directed staff to bring the issue back to the Parks and Recreation committee for discussion at its October 14, 2009 to bring forth a new date in November on which to hold the Open House with residents. The Parks Commission recommended that a Parks and Recreation Open House be held on Tuesday, November 10, 2009 from 6 p.m. to 8 p.m. in the Oneka Room. Haas made motion, Weidt seconded, to notice the Open House for Tuesday, November 10, 2009 from 6 - 8 p.m. in the Oneka Room at Hugo City Hall. All Ayes. Motion carried. Update on Neighborhood Street Reconstruction Meeting on October 12, 2009 On Monday, October 12, 2009, Hugo City officials held a neighborhood meeting with residents Hugo City Council Minutes for October 19, 2009 Page 8 of 10 living in and around the northeast corner of TH61/CSAH 8 neighborhood regarding the conditions of the streets and whether the residents were interested in a street reconstruction project for 2010. City Engineer Jay Kennedy provided Council and the public and overview and update of the meeting. Jay presented a PowerPoint showing the location of the proposed improvements, and he talked about preliminary cost and funding, the assessment policy, and the preliminary schedule. The project was proposed to be bid on in March or April of 2010. Weidt made motion, Klein seconded, to approve RESOLUTION 2009-35 ORDERING THE PREPARATION OF A FEASIBILITY REPORT FOR FLAY AVENUE, FONDANT AVENUE, 141 ST STREET, AND 142ND STREET ROADWAY, DRAINAGE, AND UTILITY IMPROVEMENTS. All Ayes. Motion carried. Discussion on City of Lino Lakes and Anoka County JPA for New I-35 E/CSAH 14 Interchange At its October 5, 2009 meeting, the Hugo City Council added to its agenda information that had been recently received that the City of Lino Lakes and Anoka County had agreed on a joint powers agreement which would allow the construction of the interchange at I-35 E and CSAH 14 to proceed. Council agreed to add this item to its next regularly scheduled meeting in order to allow discussion by Council which would include commitment of the City of Hugo to contribute $100,000 to the project, which is the number one transportation project for the City of Lino Lakes and Anoka County for 2010. The project includes the newly configured design that would allow the free flow of traffic on and off the interchange as well as the expansion of four lanes that would allow traffic to move freely over I-35 E. Haas made motion, Weidt seconded, to direct staff to bring back to the Council a recommendation on the distribution of funds committed by the City of Hugo for this project. All Ayes. Motion carried. Appoint City Official to Met Council Sewer Availability Charge (SAC) Task Force The City of Hugo has received a letter from the Metropolitan Council requesting a City of Hugo representative to serve on the newly created Sewer Availability Charge (SAC) Task Force, whose charge is to review the current SAC as well as current and future financial conditions of the Metropolitan Waste Control Commission and the sewer pipes that allow the City of Hugo to dump its waste into the major sewer interceptor pipes. Haas made motion, Petryk seconded, to direct staff to appoint a staff person to represent Hugo on the SAC Task Force, giving strong consideration to Community Development Director Bryan Bear. All Ayes. Motion carried. Discussion on Washington County Community Meeting on Transportation on October 29, 2009 The City of Hugo has received an invitation from Washington County for attendance at a Hugo City Council Minutes for October 19, 2009 Page 9 of 10 community meeting which will be held on Thursday, October 29, 2009 for the purpose of discussing transportation issues in Washington County. City staff had planned on attending the meeting which will be held at the Washington County Courthouse in Stillwater and requested direction from Council as to its interest in attending the meeting which will be held at 2:00 p.m. Weidt made motion, Haas seconded, to direct staff to notice October 29, 2009 at 2:00 p.m. as a City Council meeting to allow attendance at the Washington County Community Meeting on Transportation to he held at the Washington County Courthouse in Stillwater. All Ayes. Motion carried. Invitation to Attend November 4, 2009 Metropolitan Council Meeting with Chair Peter Bell at Woodbury City Hall The City of Hugo has received an invitation from the Metropolitan Council and Chair Peter Bell to attend a regional meeting on Wednesday, November 4, 2009 at 1:30 p.m. at the Woodbury City Hall. City staff plans to attend the event and requested direction from the City Council as to its interest in attending the event with a specific invitation from Met Council Representative Georgie Hilker, who represents the City of Hugo. Weidt made motion, Klein seconded, to direct staff to notice November 4, 2009 at 1:30 p.m. as a City Council meeting to allow attendance at the Metropolitan Council meeting to be held at Woodbury City Hall. All Ayes. Motion carried. Schedule Annual City of Hugo Holiday Gathering for Thursday, December 10, 2009 at the American Legion Annually, the City of Hugo selects a date on which to hold the City of Hugo's annual holiday gathering of Council, Commissions, and City staff. City staff has been successful in securing the second Thursday in the month of December at the Hugo American Legion on which to hold the City's annual holiday gathering. Weidt made motion, Klein seconded, to schedule Thursday, December 10, 2009 at the Hugo American Legion beginning at 5:30 p.m. for the City's Annual Holiday Gathering and invite commissions, City staff, and the public to attend. All Ayes. Motion carried. Update on CSAH 8 Open House Held on Wednesday, October 14, 2009 On Wednesday, October 14, 2009, Washington County hosted an open house in order to provide information to the public on improvements to CSAH 8 east of TH61. County staff was available to answer questions concerning the project and schedule. City Engineer Jay Kennedy provided Council with an update on the CSAH 8 Open House. The County planned on reclaiming the CSAH 8 road and repaving it without widening the street or fixing any curbs. The project will occur next year without any cost to the City. Improvements at CSAH 8 and CSAH 7 intersection Hugo City Council Minutes for October 19, 2009 Page 10 of 10 would following 2010. At the Parks and Recreation Commission meeting, the Commission requested pavement on the shoulder area and had also discussed turn lanes for the future Hanifl Fields Athletic Park and former gravel pit (Hansen) property. Miron made motion, Haas seconded, to direct staff to contact the Washington County Public Works Department regarding the paving of the shoulder area. Motion carried. Update on Yellow Ribbon Network Councilmember Haas added this item to the agenda to provide the Council and public an update on the Yellow Ribbon Network. The purpose of the Yellow Ribbon Network is to train and empower community leaders to support service members and their families during deployment and reintegration. The Yellow Ribbon network is a very energetic group that has completed its action plan and submitted it to the National Guard. Hugo will be one of the few Cities that has completed this process. Adjournment Weidt made motion, Klein seconded, to adjourn at 10:00 p.m. Respectfully Submitted, Michele Lindau City Clerk