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HomeMy WebLinkAbout2009.11.16 CC MinutesMINUTES FOR THE CITY COUNCIL MEETING OF NOVEMBER 16, 2009 Mayor Fran Miron called the meeting to order at 7:08 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, Fire Chief Jim Compton, Administrative Intern Shelley Clausen, and City Clerk Michele Lindau Approval of Minutes for the City Council Meeting of November 2, 2009 Petryk made motion, Klein seconded, to approve the minutes of the November 2, 2009 Council meeting as presented. All Ayes. Motion carried. Approval of Minutes for the Parks and Recreation Open House on November 10, 2009 Weidt made motion, Petryk seconded, to approve the minutes of the November 10, 2009 Parks and Recreation Open House as presented. All Ayes. Motion carried. Approval of the Agenda Miron made motion, Haas seconded, to approved the agenda as amended: Add G.7 Approve Amendment to Purchase Agreement for Hansen Property (Former Gravel Pit) Add K.1 Yellow Ribbon Network Recognition Ceremony on January 5, 2010 Add. L.1 Railcars Parked on Railroad Tracks Along Highway 61 All Ayes. Motion Carried. Grant Application for Tornado Warning Siren - Homeland Security and Emergency Management (HSEM) Hazard Mitigation Planner Jennifer Nelson Administrative Intern Shelly Clasen has been working with Fire Chief Jim Compton on the preparation of the grant application to the Homeland Security and Emergency Management (HSEM) Department for the purchase and installation of tornado warning sirens. Shelly has prepared a grant application with the assistance of HSEM Coordinator Jennifer Nelson for a presentation to the Hugo City Council regarding HSEM's efforts to provide grant dollars to communities to assist them in upgrading their emergency management. Jennifer explained what types of projects qualify for Hazard Mitigation Assistance (HMA), which include the undergrounding of power lines as well as sirens. The City of Hugo is an eligible applicant, and sirens would be eligible for funding; however, an application has never gone to FEMA for sirens. The funding for HMA projects is up to 75 percent of the cost with a 25 percent local match which can be in cash or in-kind contributions. The Council discussed the possibility of including the undergrounding of power lines in the grant and asked staff to investigate it. Hugo City Council Minutes for November 16, 2009 Page 2 of 6 Weidt made motion, Klein seconded, to study the program and bring findings back to the City Council with a grant application for approval. All Ayes. Motion carried. Recognition of Administrative Intern Shelly Clasen On June 30, 2008, Shelly Clasen was hired by the City of Hugo as the new Administrative Intern replacing Nate Ehalt who was hired by the City of North St. Paul. Over the past 17 months, Shelly has worked a wide variety of jobs and tasks and duties, assisting both the City Clerk with the 2008 City Election as well as completion of the Long Term Disaster Recovery Committee work after the May 25, 2008 tornado disaster. Shelly has done an excellent job with the City of Hugo with an attentive eye to detail and excellent communication skills. Mayor Miron and the Hugo City Council recognized Shelly Clasen for 17 months of dedicated work as the City's Administrative Intern and publicly thank her for her dedicated service to the citizens of Hugo. Recognition of Josh & Rachel Berger's House Featured in Better Homes and Gardens City staff was recently informed by Parks and Recreation Commissioner Rachel Berger that her home, along with her husband Josh and three kids Ian, Tryg, and Rhys, had been featured in the November 2009 issue of the magazine Better Homes and Gardens. The piece is about the indoor of the Berger home located in the Victor Gardens neighborhood, which features a significant amount open space and natural lighting. Rachel Berger was present with her three children, and she expressed her appreciation for the opportunity to be a part of the Parks and Recreation Commission. Rachel explained the feature in Better Homes and Gardens was due to the work of their publicist connected to their business Daub & Bauble. Mayor Fran Miron and the Hugo City Council recognized Rachel and Josh Berger and thanked them for helping to market not only their home but the City of Hugo. Approval of Consent Agenda Haas made motion, Weidt seconded, to approve the following Consent Agenda: Approval of Claims Approve Resolution to Ban Parking Along a Portion of 129th Street North Approve Annual Performance Review for Building Inspector Chuck Preisler Approve Encroachment Agreement for McNeally Property Located at 12818 Fondant Trail North Approve Award of Bid For Soil Borings for Proposed 2010 Street and Utility Reconstruction Project and Rice Lake Park Shelter Approve Award of Bid for Televising Sanitary Sewer and Storm Sewer for Proposed 2010 Street and Utility Reconstruction Project Approve Amendment to Purchase Agreement for Hansen Property (Former Gravel Pit) All Ayes. Motion carried. Hugo City Council Minutes for November 16, 2009 Page 3 of 6 Approval of Claims Adoption of the Consent Agenda approved the Claims Roster as presented. Approve Resolution to Ban Parking Along a Portion of 1291h Street North The City has applied for State funding to replace the Bald Eagle Lake outlet crossing at 129th Street. In order to use State funding for the project, the City must formally ban parking via a resolution within the portion of 129th Street adjacent to the bridge. Staff notes that parking is currently prohibited, and the signs are in place. Adoption of the Consent Agenda approved RESOLUTION 2009 - 38 RELATED TO PARKING RESTRICTIONS ALONG 129TH STREET NORTH FOR THE 2010 BRIDGE IMPROVEMENTS AND APPURTENANT WORK PROJECT. Approve Annual Performance Review for Building Inspector Chuck Preisler Chuck Preisler was hired by the City of Hugo as the new Building Inspector on November 29, 2004. Over the past five years, Chuck has worked hard and demonstrated an excellent work ethic in completing his day-to-day building inspection duties. Chuck is an excellent communicator who delivers a high quality of customer service with the builders and trades- people he works with on a daily basis. Chuck is well known and well respected in the City of Hugo for both residential and commercial building inspection services. Chuck's plan review is thorough and detailed, and he provides excellent advice in department meetings. Adoption of the Consent Agenda approved the annual performance review for Building Inspector Chuck Preisler. Approve Encroachment Agreement for McNeally Property Located at 12818 Fondant Trail North The applicant is requesting approval of an encroachment agreement to construct a 14 X 16 foot deck and a 15 X 15 foot porch to be located behind the home. The drainage and utility easement covers the majority of the back yard and begins 2 feet behind the home and angles farther out to the northeast to 8 feet from the home. The deck and porch would be located almost entirely within the easement and would extend approximately 12 feet into the easement at the most. Staff finds the deck and porch would have no negative impact on utilities or drainage in the area. Adoption of the Consent Agenda approved RESOLUTION 2009-39 APPROVING AN ENCROACHMENT AGREEMENT FOR MICHAEL MCNEALLY TO ALLOW CONSTRUCTION OF A DECK AND PORCH WITHIN A DRAINAGE AND UTILITY EASEMENT ON THE PROPERTY LOCATED AT 12818 FONDANT TRAIL NORTH. Approve Award of Bid For Soil Borings for Proposed 2010 Street and Utility Reconstruction Proiect and Rice Lake Park Shelter The Public Works Department has solicited quotes for the construction of the proposed 2010 street and utility project at the northeast corner of Egg Lake Road (CSAR 8) and TH 61, and the Rice Lake Park Shelter project. The Public Works Department has received quotes from three companies to do soil borings, soil analysis and recommendations. Adoption of the Consent Agenda approved the award of bid for this work to American Engineering Testing Company for its low quote in the amount of $2,050.00. Hugo City Council Minutes for November 16, 2009 Page 4 of 6 Approve Award of Bid for Televising Sanitary Sewer and Storm Sewer for Proposed 2010 Street and Utility Reconstruction Proiect The Public Works Department has solicited quotes for cleaning and televising the sanitary sewer and televising the storm sewer in the proposed 2010 street and utility reconstruction area.. The Public Works Department has received quotes from two companies to do televising. Adoption of the Consent Agenda approved the award of bid for this work to Visu-Sewer Clean & Seal, Inc. for its low quote in the amount of $5,238.20 Approve Amendment to Purchase Agreement for Hansen Property (Former Gravel Pit) Staff added this to the Consent Agenda. On August 3, 2009, the Hugo City Council approved the purchase agreement for the purchase of the 125 -acre gravel pit property located near 140th Street and Irish Avenue for a price of $900,000 with several contingencies, including the clean- up of the site. An amendment to the agreement states the City of Hugo will retain and pay for assessment of the cleanup and removal of asbestos containing materials, and the City will deduct the costs from the purchase price. The closing date will be moved back to December 2009. Adoption of the Consent Agenda approved the amendment to the purchase agreement for the acquisition of the Hansen property. Discussion on Proposed Revisions to the City's Fire Prevention/Open Burning Ordinance This item was tabled by the Hugo City Council at its October 19, 2009 meeting to allow City Staff to make revisions to the City Fire Prevention/Open Burning Ordinance. The City's current policy requires applicants to 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 City currently does not require permits to be obtained for burns when there is three or more inches of snow cover as per DNR's regulations. The proposed ordinance requires permits for all 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. Fire Chief Jim Compton discussed with the Council these proposed changes. Councilmember Haas stated he thought the requirement for obtaining a permit when there was three or more inches of snow was intrusive, and Mayor Miron agreed that the City should continue to recognize the DNR's exemption for when there is snow cover. Fire Chief Compton stated the Fire Department responds to calls not knowing if the fire was legal by this exemption, and their response creates a safety hazard. He also stated that site visits give them an opportunity to be sure items being burned are legal to burn. Haas made motion, Petryk seconded, to table the ordinance to allow staff to revise it to recognize the DNR exemption to allow for fires when there are three inches or more of snow but require a permit with no permit fees or site visits. All Ayes. Motion carried. Also discussed by Council was a delay of enforcement and implementation of fines, and how to get the word out to the residents. Hugo City Council Minutes for November 16, 2009 Page 5 of 6 Discussion on Connections to the City Sewer System on 129th Street and Peloquin Industrial Park City staff recently sent letters to property owners along 129th Street, notifying them of changes to the SAC and WAC rate structure, and reminding them that the one-year time period allowed for connection to the City's sewer system has lapsed following completion of the improvements to 129th Street. The City received several calls from residents requesting extensions to allow the connections to be made at a later date. City staff is also aware that several property owners in the Peloquin Industrial Park have not connected to the City's sewer system, despite the sewer project being complete for over five years. City Engineer Jay Kennedy presented several options for how the City could manage these situations. The Mayor cautioned that a change in policy could negatively affect the City's utility fund. Miron made motion, Weidt seconded, to work with the individual property owners to connect to sewer, evaluate extension requests on a case-by-case basis, and bring back to the Council any additional requests for extensions. All Ayes. Motion carried. Update on Yellow Ribbon Network Recognition Ceremony on January 5, 2010 Councilmember Chuck Haas added this to the agenda. The Yellow Ribbon Network will be recognized by Governor Tim Pawlenty at a Ceremony on January 5, 2010 at the Prom Center. This is a day -long event hosted by the National Guard involving seminars and training for community leaders. Haas made motion, Petryk seconded, to schedule Tuesday, January 5, 2009 as a meeting to allow Council attendance at the recognition ceremony for the Yellow Ribbon Network from 10:00 a.m. to 3:00 p.m. at Century College. All Ayes. Motion carried. Discussion on Railcars Parked on Railroad Tracks Along Highway 61 Council member Becky Petryk added this item to the agenda to provide a public explanation on complaints she received from residents in the Country Ponds Development regarding the parking of railcars on the tracks along TH61 in the Industrial Park, specifically in front of Load Master Lubricants. City Administrator Mike Ericson spoke with John Gohmann, president of Minnesota Commercial Railroad, who stated there is much competition with trucking companies, and the temporary storing of railcars was a critical component to the operation of Load Masters. Community Development Director Bryan Bear spoke to the owner of Load Masters who explained the cars are stored on the site during loading, and there was nothing prohibiting them from doing that. Councilmember Petryk noted the issue had been thoroughly researched and it is legal. Hugo City Council Minutes for November 16, 2009 Page 6 of 6 Executive Session - Discussion on Condition of Water Tower #3 City Attorney David K. Snyder requested the meeting was be closed under the attorney-client privilege to discuss pending litigation on the condition of Water Tower #3 which was constructed in 2003 in the Creekview Preserve neighborhood. Haas made motion, Klein seconded, to enter into executive session. All Ayes. Motion carried. At 8:59 p.m. the Council returned to regular session. Haas made motion, Weidt seconded, to direct the City Attorney to pursue cost recovery efforts, including litigation cost if necessary, in order to recover costs associated in the repair of the coating in Water Tower #3. All Ayes. Motion carried. Adiourn Haas made motion, Weidt seconded, to adjourn at 9:01 p.m. All Ayes. Motion carried. Respectfully Submitted, Michele Lindau City Clerk