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HomeMy WebLinkAbout2009.12.07 CC MinutesMINUTES FOR THE CITY COUNCIL MEETING OF DECEMBER 7, 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, Finance Director Ron Otkin, City Engineer Jay Kennedy, City Attorney Dave Snyder, Public Works Director Scott Anderson, Community Development Assistant Dennis Fields, Parks Intern Shayla Syverson, and City Clerk Michele Lindau Approval of Minutes for the City Council Meeting of November 16, 2009 Weidt made motion, Petryk seconded, to approve the minutes for the November 16, 2009 meeting as presented. All Ayes. Motion carried. City Council Executive Session of November 16, 2009 Klein made motion, Petryk seconded, to approve the minutes for the November 16, 2009 executive session as presented. All Ayes. Motion carried. Approval of Agenda: Miron made motion, Haas seconded to approve the agenda as amended. Move I.3 - Approve 2010 City Budget and Tax Levy to the beginning of meeting after the consent agenda due to residents waiting to speak on the issue. Add K.1 - Discussion on Funds for Gravel Pit Reclamation All Ayes. Motion carried. Recognize Retirement and Recognition of Parks and Recreation Commissioners Dan Gabrielli and Melissa Parker Staff has received notice from Parks and Recreation Commissioner Dan Gabrielli that he will be resigning at the end of the year from his service on the Parks and Recreation Commission. Dan has been an involved and an active commissioner for the past four years in a wide variety of park development projects as well serving on the White Bear Lake Recreational Advisory Council. Staff also received notice Melissa Parker will be retiring from her position on the Parks and Recreation Commission when her term expires at the end of the year. Melissa has provided the City with four years of dedicated service on the Parks and Recreation Commission. Public Hugo City Council Minutes for December 7, 2009 Page 2 of 10 Works Director Scott Anderson thanked Dan for his work on the Parks Commission. Dan explained his commitment to the National Guard and his family did not afford him the time to continue to serve. Mayor Fran Miron presented a Certification of Appreciation and publicly thanked Dan, as well as Melissa who could not attend this meeting, for their years of service to the citizens of Hugo. Approval of Consent Agenda Haas made motion, Petryk seconded, to approve the following Consent Agenda: Approval of Claims Approve Resignation of Firefighter Stephen Langness Approve Renewal of Terms for Planning Commissioners Bronwen Kleissler and Scott Arcand for Four -Year Terms Approve Renewal of Term for Board of Zoning Commissioner Frank Puleo for One -Year Term Approve Renewal of Term for EDA Commissioner Mike Granger for Six -Year Terms Approve Renewal of Terms for Historical Commissioners Viola Maslowski and Grace Waugh for Three -Year Terms Approve Resolution Supporting East Metro Regional Firefighter Training Facility Approve Interim Use, Special Events, and Peddlers and Transient Merchants Ordinance All Ayes. Motion carried. Approval of Claims Adoption of the Consent Agenda approved the Claims Roster as presented. Approve Resignation of Firefighter Stephen Langness Firefighter Stephen Langness has submitted his letter of resignation from the Hugo Fire Department. Adoption of the Consent Agenda approved the resignation of Firefighter Stephen Langness. Approve Renewal of Terms for Planning Commissioners Bronwen Kleissler and Scott Arcand for Four -Year Terms Bronwen Kleissler has served on the Planning Commission since her appointment in January 1999 and has since been reappointed with her current term to expire on December 31, 2009. Scott Arcand replaced a former Planning Commissioner whose term was to expire December 31, 2009. Staff has spoken to Bronwen and Scott who both indicated their interest in being reappointed for a four year term. Adoption of the Consent Agenda approved the reappointment of Bronwen Kleissler and Scott Arcand to the Planning Commission for another four year term to expire on December 31, 2013. Hugo City Council Minutes for December 7, 2009 Page 3 of 10 Approve Renewal of Term for Board of Zoning Commissioner Frank Puleo for One -Year Term Annually, the Hugo City Council appoints a member of the Planning Commission, City Council, and a citizen -at -large to serve on the Board of Zoning Appeals and Adjustments. Frank Puleo had served on the Board as a Council Representative until his Council term ended on December 31, 2008. The Council appointed Frank as the Citizen -at -Large on March 16, 2009 for the remainder of the year. Frank Puleo has indicated he would like to serve for another year term. Adoption of the Consent Agenda approved the appointment of Frank Puleo to the Board of Zoning Appeals and Adjustments for another one-year term. Approve Renewal of Term for EDA Commissioner Mike Granger for Six -Year Term Mike Granger served on the EDA as a Council representative from 2004 to December 31, 2008 when his term as Councilmember ended. He was appointed by the Council to serve on the Hugo EDA in January 2009 to complete the term of Phil Klein who was elected to the Hugo City Council and continues to serve on the EDA as a Council representative. Community Development Director Bryan Bear spoke with Mike who indicated he would like to be reappointed for another term on the Hugo EDA Commission. Adoption of the Consent Agenda approved the reappointment of Mike Granger to the EDA for a six year term to expire on December 31, 2015. Approve Renewal of Terms for Historical Commissioners Viola Maslowski and Grace Waugh for Three -Year Terms Viola and Grace have served on the Historical Commission since September 9, 2003 replacing two original charter members. Staff contacted them and they requested reappointment for another term. Adoption of the Consent Agenda approved the reappointment of Viola and Grace to another three-year term. Approve Resolution Supporting East Metro Regional Firefighter Training Facility The City of Hugo and the Hugo Fire Department have been requested to submit a resolution of support for the East Metro Regional Firefighter Training Facility, which has been proposed to be constructed in the City of Maplewood. Currently there are inadequate training facilities in the north and east metro and surrounding areas for firefighting agencies to properly train. A multi - jurisdictional partnership between a number of fire departments and public safety organizations is proposing to build and operate this facility which will serve training needs of fire departments, police and emergency training agencies, as well as other training organizations. Adoption of the Consent Agenda approved RESOLUTION 2009-40 AUTHORIZING SUPPORT FOR STATE BONDING FUNDS FOR THE DESIGN AND CONSTRUCTION OF AN EAST METRO REGIONAL FIREFIGHTER TRAINING FACILITY. Hugo City Council Minutes for December 7, 2009 Page 4 of 10 Approve Interim Use, Special Events, and Peddlers and Transient Merchants Ordinance The City of Hugo formed an Ordinance Review Committee (ORC) to update several areas of the City's Municipal Code. There are members of the Planning Commission and City Council on the ORC. Most recently they have been reviewing revisions to the Transient Merchants and Peddlers Ordinance and creating the Special Event Permit and Interim Use Permit Ordinance. At its November 12, 2009 meeting, the Planning Commission held a public hearing on the ordinances. There was no one present at the meeting to speak at the public hearing. The Planning Commission agreed with the Ordinance Review Committee on the ordinances. Adoption of the Consent Agenda approved ORDINANCE 2009-435 AMENDING CHAPTER 90, ARTICLE II, TO ADD SECTION 90-37.1 INTERIM USE PERMITS and ORDINANCE 2009-436 AMENDING CHAPTER 58 PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS, ARTICLES I AND II, TO AMEND SECTIONS 58-1 to 58-6 and 58-31 to 58-41and ORDINANCE 2009-437 AMENDING CHAPTER 90, ARTICLE II, TO ADD SECTION 90- 37.2 SPECIAL EVENT PERMITS. Approve Grant Application to Homeland Security and Emergency Management for Purchase and Installation of Eight Tornado Sirens Councilmember Haas removed this item from the Consent Agenda. Former Administrative Intern Shelly Clasen had been working with Fire Chief Jim Compton for the preparation of the grant application to the Homeland Security and Emergency Management (HSEM) Department, which provides grants for the purchase and installation of tornado warning sirens. A grant application has been prepared with the assistance of HSEM Coordinator Jennifer Nelson to provide grant dollars to communities to assist them in upgrading their emergency management. Councilmember Haas talked about the map showing the location of the sirens and noted the map was not intended to show exact placement of the sirens. Hass made motion, Weidt seconded, to adopt RESOLUTION 2009 - 41 AUTHORIZING EXECUTION OF SUB -GRANT AGREEMENT WITH HOMELAND SECURITY AND EMERGENCY MANAGEMENT. All Ayes. Motion carried. Approve Revised City Ordinance on Fire Prevention/Open Burning Councilmember Haas removed this item from the Consent Agenda. The City's current policy requires applicants to complete an application, which must be submitted to the Hugo Fire Department. 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, there would be no fee or inspection required. Also included in the proposed ordinance is a fee schedule for the cost of responding to illegal fires. This item was tabled at the November 16, 2009 meeting and staff was directed to make revisions and bring it back to Council for final approval with the non - substantive changes. Councilmember Haas suggested minor wording changes and including a Hugo City Council Minutes for December 7, 2009 Page 5 of 10 section that addressed the application process for applying for a burning permit. Councilmember Petryk pointed out a conflict between the ordinance and permit application in regard to burning leaves. Haas made motion, Klein seconded, to table the item to allow staff to make minor wording changes, include a section on the permit application process, and make changes to the permit application. All Ayes. Motion carried. Approve Resolution Approving 2010 Salary and Reimbursement Levels Councilmember Haas removed this item from the Consent Agenda. During the 2010 budget process, the City Council indicated its desire to hold the City's salary matrix at 2009 levels with no cost of living adjustments but to grant step increases to those employees who have not yet reached their pay grade maximums. The proposed resolution is based on a zero percent adjustment to the city's salary matrix; however, the net increase due to step adjustments amounts to $24,154. Although this represents an overall increase of 1.81 %, the employees will now be responsible for annual health insurance deductibles of $1,600 for single coverage and $3,200 for employee and dependent coverage. As a result, the city will save $5,342 in insurance premiums while the employees will be exposed to an aggregate deductible of $40,000. More importantly, the adjustments will continue to allow the City to be in compliance with the State of Minnesota Pay Equity Statutes. The law specifically requires that cities develop and administer compensation systems that establish and maintain equitable relationships between female - dominated and male -dominated job classes. The City's compensation system was found to be in compliance by the Minnesota Department of Employee Relations in October, 2003, and was reviewed again in January, 2008 with results pending. Haas make motion, Petryk seconded, to adopt RESOLUTION 2009-42 SETTING 2010 SALARIES FOR CITY EMPLOYEES AND ESTABLISHING EMPLOYEE REIMBURSEMENT LEVELS. All Ayes. Motion carried. Approve 2010 City Budget and Tax Lew On September 8, 2009, the City Council adopted a preliminary 2010 tax levy and scheduled a public budget hearing for this evening. The date and location of the hearing was certified to Washington County and is contained in the parcel specific tax notices sent out by the county. Finance Director Ron Otkin provided a final budget and tax levy presentation comparing the City of Hugo's urban tax rate of 34.443% and rural tax rate of 31.258% with the average City rate of all Minnesota cities of 36.960% and the average of 30 comparative cities in the metro area of 34.650%. Ron also pointed out that, unlike many other cities, Hugo receives no LGA. City Assessor Frank Langer explained that though rural market values were down, agriculture market values were up significantly due to law changes. Seventy-seven parcels in Hugo lost their Agricultural classification and 34 properties lost their Green Acres designation. Hugo City Council Minutes for December 7, 2009 Page 6 of 10 Many residents who attended this meeting were there to discuss their specific parcel market valuations. Mayor Fran Miron invited residents to speak with Frank individually in the Oneka Room. He also invited them to attend the Board of Equalization meeting that would be held in Spring 2010. Mayor Miron opened the public hearing to take any and all public comment. Walter Erickson, 4551 165th Street North, said his taxes have increased 41 percent because of the change in classification. Fran Miron invited him to visit with Frank Langer and attend the Board of Equalization meeting in the spring. John Waller, 14010 Homestead Avenue, asked how many years the budget expenditures have decreased. Ron explained the budget was up 2.1% due to public safety issue that are pending Council approval. There were no other comments. Mayor Fran Miron closed the public hearing. Haas made motion, Weidt seconded, to adopt RESOLUTION 2009-43 APPROVING THE GENERAL FUND BUDGET FOR THE 2010 FISCAL YEAR for $4,222,257. Ayes: Klein, Haas, Weidt, Petryk, Miron Nays: None Motion carried. Haas made motion, Klein seconded, to adopt RESOLUTION 2009-44 APPROVING FINAL TAX LEVY PAYABLE IN 2010 for $5,217,322. Ayes: Haas, Weidt, Petryk, Klein, Miron Nays: None Motion carried. Discussion on Approval of Revisions to Shooting Ordinance At its October 19, 2009 meeting, the Hugo City Council held a public hearing on the proposed Shooting Regulations Ordinance. After the public hearing was concluded, Hugo City Council tabled the item and directed Staff to make suggested revision to the ordinance. Staff made the suggested revisions to the Shooting Regulations Ordinance and Community Development Assistant Dennis Fields presented the revised ordinance to the Council, which included changes in definitions of controlled weapons and firearms, language that passive parks had to be officially designated as such, and two options to prohibit hunting anywhere around Bald Eagle Lake. Also discussed was the discharging of firearms within 500 feet of a building and creating different zones within the City. Haas made motion, Petryk seconded, to direct staff to make minor wording changes and to revise Section (e) "Discharging a firearm in certain areas" to recognize rural and urban areas of the City. Petryk made motion, Weidt seconded, to amend the motion to include language to prohibit hunting around Bald Eagle Lake. Hugo City Council Minutes for December 7, 2009 Page 7 of 10 Vote on amendment Ayes: Weidt, Petryk, Miron Nays: Klein, Haas Motion carried. Vote on original motion as amended All Ayes. Motion carried. Parks and Recreational Commission Update Public Works Director Scott Anderson provided an update to the City Council on a number of issues discussed by the Parks and Recreation Commission at its November 18, 2009 meeting, including the interim use of the Hansen property. The long term use has not yet been discussed, and Mayor Fran Miron noted that the purchase of the property has not been finalized. Also discussed was the Rice Lake Park boundary being set at 100 feet from the construction of the soccer fields at Hanifl Fields, and the classification of both parks. Haas made motion, Weidt seconded, to accept the Planning Commission's recommendation on the designation of Hanifl Fields Athletic Park as an active park and Rice Lake Park as a passive park with its boundaries set at 100 feet from construction limits of the soccer fields. All Ayes. Motion carried. Approve Cooperative Agreement with MNDot for TH61/1471h Street and 130th Street Improvements As Council is aware, City staff has been working with MnDOT to obtain the necessary final approvals that will allow the City to obtain bids for the 130th and 147th Street intersection projects. City staff has received the Cooperative Agreement documents from MnDot, which require City Council approval by resolution. City Engineer Jay Kennedy provided the Council with an overview of this issue and recommended that the Council consider adopting the resolutions included in the Council packet. Weidt made motion, Petryk seconded, to adopt RESOLUTION 2009-45 AUTHORIZING MN/DOT AGREEMENT FOR TRAFFIC CONTROL SIGNAL AT TRUNK HIGHWAY 61/130th STREET NORTH. All Ayes. Motion carried. Weidt made motion, Klein seconded, to adopt RESOLUTION 2009-46 AUTHORIZING MN/DOT AGREEMENT FOR TRAFFIC CONTROL SIGNAL AT TRUNK HIGHWAY 61/147' STREET NORTH. All Ayes. Motion carried. Hugo City Council Minutes for December 7, 2009 Page 8 of 10 Schedule Interviews for Vacancy on the Parks and Recreation Commission At its November 2, 2009 meeting, the Council accepted the resignation of Russ Schmidt. City staff was directed to advertise for the vacancy on the Parks and Recreation Commission. The City has received a total of two applicants for the vacancy; however, it was noted there are now three vacancies on the Parks and Recreation Commission with the resignations of Dan Gabrielli and Melissa Parker. Weidt made motion, Haas seconded, to direct staff to provide additional public notice of the Parks Commission vacancies, and schedule interviews for Monday, January 25, 2010, at 7:00 p.m. All Ayes. Motion carried. Approve Award of Sale for 1999 Ford Ambulance At its September 21, 2009 meeting, the Hugo City Council directed City staff to advertise for the sale of the 1999 former City of Mahtomedi ambulance, which the City of Hugo purchased in order to provide an interim use for the department. The City of Hugo received a total of two bids in a sealed bid process. Miron made motion, Petryk seconded, to approve the sale of the old Mahtomedi ambulance to Working Boy Motors for $1,025. All Ayes. Motion carried. Discussion on Request from Lino Lakes Centennial Fire Department for Fire Protection Coverage on East Side of I-35 E Due to Interchange Work at CSAH 14 Centennial Fire Chief Jerry Streich has requested the City of Hugo's assistance to protect northbound I -35E and the east side of I -35E north of County Road J when the bridge project is underway due to their inability to access those areas. Weidt made motion, Klein seconded, to direct staff to schedule a meeting with Hugo staff, Lino Lakes Centennial Fire Department Chief Jerry Streich and Anoka County Engineer Doug Fischer to discuss the scheduling of the new interchange project. All Ayes. Motion carried. Discussion on Charitable Gambling Licensing On November 18, 2009, the City of Hugo hosted a meeting with Metro Cities and LMC Officials, State of Minnesota Gambling Control Board Executive Tom Barrett, Councilmember Chuck Haas and City staff to discuss the City's current Charitable Gambling operations and options to consider to keep the charitable gambling funds within the City of Hugo and/or the Hugo trade area. City Clerk Michele Lindau provided a PowerPoint presentation showing Hugo City Council Minutes for December 7, 2009 Page 9 of 10 information gathered on the charitable gambling organizations in Hugo where patrons collectively spent over four million dollars in the past year. Of the $4 million, approximately $3.7 million was returned in prizes and paid expenses associated with gambling leaving approximately $345,000 to be spent on lawful expenditures. It was noted that the City has no ordinance on gambling, and state law allows cities to require by ordinance that 10 percent be deposited into a city fund and up to 100 percent be spent in the trade area. Councilmember Chuck Haas talked about how the City was disenfranchised when the state legislature passed law in Spring, 2009 that removed the requirement for Cities to review and approve charitable gambling licenses every two years. Haas made motion, Klein seconded, to direct staff to prepare and present to the Council a gambling ordinance for consideration which includes 10% of proceeds go to the City as well as a requirement that between 50-75% is spent in the Hugo trade area. All Ayes. Motion carried. Schedule Date for Annual City Council Goal Setting Session Annually, the Hugo City Council schedules a Goal Setting Session at which it sets the City's annual focus goals with participation from City staff and City Commissions who have prepared their annual commission goals. Weidt made motion, Klein seconded, to schedule the annual goal setting session for approximately 8:00 p.m. on Monday, January 25, 2010 immediately following the Parks Commission interviews. All Ayes. Motion carried. Retirement Celebration for White Bear Lake Area School Board Members Gregg Larson and Rolf Parson The Hugo City Council has been invited to attend the retirement celebration of Gregg Larson and Rolf Parsons from the White Bear Lake Area School Board. This celebration will take place in the District Community Room on Monday, December 14, 2009 from 4:30 - 6:30 p.m. City Administrator Mike Ericson and Councilmember Chuck Haas indicated they would be attending the celebration, and staff was directed to purchase retirement cards for the Council to sign. Vacancy on the Rice Creek Watershed (RCWD) Citizen Advisory Committee Staff has been informed by the Rice Creek Watershed District there is a vacancy on their Citizen Advisory Committee. The Board appoints members to this committee for one-year terms, and the committee meets on the first Wednesday of each month. Rick Gwynn, who is currently a member on the Committee, explained the importance of this role. City Administrator Mike Ericson encouraged anyone interested to contact Hugo City Hall or the RCWD for an application. Hugo City Council Minutes for December 7, 2009 Page 10 of 10 Adjournment Haas made motion, Klein seconded, to adjourn at 9:44 p.m. Respectfully Submitted, Michele Lindau City Clerk