Loading...
HomeMy WebLinkAbout2008.10.20 CC MinutesMINUTES FOR THE CITY COUNCIL MEETING OF MONDAY, OCTOBER 20, 2008 Mayor Fran Miron called the meeting to order at 7:03 p.m. PRESENT: Granger, Haas, Petryk, Puleo, Miron ABSENT: None ALSO PRESENT: City Administrator Mike Ericson, Community Development Director Bryan Bear, City Attorney Dave Snyder, City Engineer Jay Kennedy, and City Clerk Michele Lindau Mayor Fran Miron expressed sympathy for the death of Council Member Mike Granger's father, Norman "Gene" Granger, who recently passed away. Fran stated Gene was a gentleman with a big heart, and it was a significant loss to the family and the community. Approval of Minutes for City Council Meeting of July 7, 2008 Lake Area Bank Ground Breaking Ceremony Haas made motion, Petryk seconded, to approve the minutes of the July 7, 2008 Lake Area Bank Ground Breaking Ceremony as presented. All ayes. Motion carried. Approval of Minutes for City Council Meeting of July 16, 2008 Commerce Meeting with Tornado Survivors Haas made motion, Puleo seconded, to approve the minutes of the July 16, 2008 meeting held with the Minnesota Department of Commerce officials and tornado survivors as presented. All ayes. Motion carried. Approval of Minutes for City Council Meeting of July 25, 2008 Open House for Chris Petree Haas made motion, Petryk seconded, to approve the minutes for the July 25, 2008 Open House for Chris Petree as presented. All ayes. Motion carried. Approval of Minutes for City Council Meeting of October 6, 2008 Haas made motion, Granger seconded, to approve the minutes for the October 6, 2008 City Council meeting as presented. All ayes. Motion carried. Approval of the Agenda Miron made motion, Haas seconded, to approved the agenda as amended with three items. Hugo City Council Minutes for October 20, 2008 Page 2 of 9 Add Anna Sellner-Wobse to L4 as the new Accounting Clerk Delete K.1 Discussion on Carnelian Marine Saint Croix Watershed District Letter of Support Add L.I Approval of the American Legion Booya on October 26, 2008 All ayes. Motion carried. Presentation of 2008 Excellence Award to City of Hugo from Suburban Community Channels — Rachel Simone & Nate Ehalt On Friday, October 10, 2008, Hugo City officials attended the 2008 Annual Suburban Community Channels (SCC) Excellence Awards Ceremony at K & J Catering in North St. Paul. The City of Hugo had been notified by SCC officials that Associate Planner Rachel Simone and Nathan Ehalt, producer's of the "That's Hugo, Today" public access show, may receive one of SCC's annual awards. Rachel Simone, Nate Ehalt, and City Administrator Mike Ericson attended the 2008 Excellence Awards Ceremony on behalf of the City of Hugo where SCC Executive Director Ted Arbeiter announced that the award for technical excellence, the category which recognizes good camera composition, consistent audio/video levels, and a mixture of both field and studio production, went to the City of Hugo. SCC Executive Director Ted Arbeiter was in attendance at the meeting and presented the award to the City of Hugo on behalf of SCC Studios. Accepting the award was Rachel Simone, Nate Ehalt, and directors Cindra Schmidt as well as Terri Hodges, who was taping and broadcasting the Council meeting this evening. This award recognized only five of more than 150 shows which are produced and directed at the SCC Studios in White Bear Lake on County Road F and Bellaire Avenue. Ted explained SCC studio has an open door policy which welcomes community involvement. The Mayor congratulated Rachel, Nate, Cindra and Terri on this accomplishment. Report on Hugo Garage Project - Lowe's Representative Marcy Weber Employee volunteers from Lowe's home improvement stores completely re -roofed and re -sided the youth garage on a weekend activity on Saturday, September 27, 2008. Lowe's District Manager Brian Fuller was in attendance with Lowe's employee Marcy Weber and Store Manager Chris Puhl. Brian explained the "Heroes Project" is part of their community involvement where employee volunteers complete projects throughout neighboring communities who, in the case of Hugo, have suffered natural disasters like the May 25th tornado. The volunteer employee effort has resulted in a beautifully restored building that houses the youth garage which gives Hugo youths a place to congregate and have an opportunity to play interactive games while enjoying food, fun and fellowship. Lowe's employees volunteered 400 hours for the project and donated many additional items such as a digital flat -screen TV, DVD, WII, Play Station and other games and books for the youth center. Mayor Fran Miron acknowledged this very generous donation and thanked Lowe's employees for all their work. Proclamation for October as Toastmasters Month — Mary Torno City staff has been contacted by the Minnesota Toastmasters regarding their request for support of a proclamation naming October as Toastmasters Month in the State of Minnesota. 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 with two Toastmasters Clubs in White Bear Lake. The City of Hugo hosted residents and business owners last Friday, October 17 at Hugo City Hall, and it appears there is a strong interest in creating a Hugo Club. Mary Torno, who has been in the White Bear Toastmasters Club since 1980, Hugo City Council Minutes for October 20, 2008 Page 3 of 9 was attendance and read the proclamation. Brian Denaway, who is spearheading Hugo's Toastmasters' Club, said the next meeting of the Hugo Toastmasters would be on Wednesday, October 29, 2008 at Hugo City Hall, and he invited all community members to attend. Miron made motion, Petryk seconded to proclaim October 2008 as Toastmasters Month in the City of Hugo. All ayes. Motion carried. Approval of Consent Agenda Granger made motion, Haas seconded, to approve the following Consent Agenda as amended. Approval of Claims Approve Revisions to Personnel Policy Approve Identity Theft Prevention Program Approve Appointment Anna Sellner-Wobse as Accounting Clerk Approve Variance for Accessory Building at 14696 Fondant Avenue North — Marsha Bunge Approve Code Text Amendment to Allow Food Service in Residential Service District Approve Property Line Adjustment for 5460 and 5480 125th Street North — Gerald Hauble Approve Lawful Gambling Permit to Conduct Bingo at St. John the Baptist Catholic Church on November 22, 2008 Approve Final Pay Request No. 7 from Arnt Construction for Rice Lake Park Complex All ayes. Motion carried. Approval of Claims Adoption of the Consent Agenda approved the claims roster as presented. Approve Revisions to Personnel Policy City staff was informed by the League of Minnesota Cities that the 2008 Minnesota State Legislature adopted new laws as it relates to employee time off for family members serving in the military as well as those donating blood. Administrative Intern Shelly Clausen has made proposed revisions to the Personnel Policy which had been reviewed and approved by City Attorney Dave Snyder. Adoption of the Consent Agenda approved revisions to the City's Personnel Policy, which reflects new State Statutes adopted by the 2008 MN State Legislature. Approve Identity Theft Prevention Program The Federal Fair and Accurate Credit Transactions Act (FACT Act, or FACTA) required the Federal Trade Commission to promulgate a rule to curb identity theft in the U.S. The Red Flags Rule implements portions of the 2003 FACTA. Red Flag is a pattern, practice or specific activity that indicates the possible existence of identity theft. The "Red Flags Rule" requires local governments to generate and follow a written plan to catch and stop those who attempt to commit fraud by using another Hugo City Council Minutes for October 20, 2008 Page 4 of 9 person's identity. According to this rule, city utilities, including water, are considered "creditors" and are required to establish an Identity Theft Prevention Program by November 1, 2008. The City of Hugo's Identity Theft Prevention Program was developed from the model policy of The Minnesota Municipal Utilities Association (MMUA). Adoption of the Consent Agenda approved the City of Hugo's Identify Theft Prevention Program. Approve Appointment of Anna Sellner-Wobse as Accounting Clerk At it's August 18, 2008 meeting, Hugo City Council authorized City staff to advertise for the new position of Accounting Clerk in order to provide support staff to Finance Director Ron Otkin. The City of Hugo received a total of 32 applications for the position. On October 10, 2008, City staff conducted interviews of 17 applicants for the position. After completion of the first round interviews, staff selected four individuals for second round interviews which were conducted on Friday, October 17, 2008 with Finance Director Ron Otkin, Community Development Director Bryan Bear, Administrative Intern Shelly Close, and City Administrator Mike Ericson. Mike thanked the individuals who applied for the position and recommended Anna Sellner-Wobse as the new Accounting Clerk. Adoption of the Consent Agenda approved Anna Sellner-Wobse as the Accounting Clerk subject to the standard pre-employment physical and six-month probationary period. Approve Variance for Accessory Building at 14696 Fondant Avenue North — Marsha Bunge Marsha Bunge requested a variance from the accessory building size requirements in the Central Residential Zoning District. The applicant is proposing to construct a 1,536 square foot detached garage where 600 feet is allowed by ordinance. The applicant recently combined two parcels to make one parcel that is slightly less than one acre in size. The detached garage meets all the building setbacks required in the Central Residential district. The garage will be single story and the building will match the existing home on the property. The detached garage will have overhead doors on two sides of the building. There will be a driveway to the garage that will come off the existing driveway to the home. At its October 9, 2008 meeting the Board of Zoning held a public hearing on the request for Marsha Bunge. There was no one that spoke at the public hearing, besides the applicant's husband. Staff recommended approval of the variance request to the Board, and the Board unanimously recommended to the City Council approval of the variance. Adoption of the Consent Agenda approved RESOLUTION 2008-45 APPROVING VARIANCES FOR MARSHA BUNGE IN THE CENTRAL RESIDENTIAL ZONING DISTRICT ON PROPERTY LOCATED AT 14696 FONDANT AVENUE NORTH. Approve Code Text Amendment to Allow Food Service in Residential Service District At its March 5, 2008 meeting, the City Council authorized staff to draft a text amendment to allow a restaurant use in the Residential Service (RS) zoning district. This was also discussed with the site plan application for the former "End Zone" site. The applicant stated that they may want to have a restaurant user as a tenant in their retail center. The Planning Commission discussed restaurant uses in the RS zoning district and stated that the restaurant could serve alcohol but should have a closing time at about 10 pm. Staff drafted an ordinance that created a new restaurant category called Neighborhood Food Services. This use is proposed to be permitted in the RS district. This new category will have performance standards that limit hours of operation, which will discourage certain types of restaurants such as bars. At its October 9, 2008 meeting, the Planning Commission held a public hearing on the ordinance text amendment. There was no one that spoke at the public hearing on the text amendment. The Planning Commission discussed where or not outdoor seating should be allowed. Staff Hugo City Council Minutes for October 20, 2008 Page 5 of 9 recommended approval of the text amendment to the Planning Commission, and the Planning Commission unanimously recommended approval of the ordinance text amendment. Adoption of the Consent Agenda approved ORDINANCE 2008-423 AMENDING CHAPTER 90, ARTICLE VI, TO ADD SECTION 90-274 NEIGHBORHOOD FOOD SERVICES and ORDINANCE 2008-424 AN ORDINANCE AMENDING CHAPTER 90, ARTICLE IV, SECTION 90-102 TO ALLOW NEIGHBORHOOD FOOD SERVICES AS A PERMITTED USE IN THE RESIDENTIAL SERVICE ZONING DISTRICT. Approve Property Line Adiustment for 5460 and 5480 125th Street North — Gerald Hauble Gerald Hauble requested approval of a property line adjustment for a 7 acre parcel located at 5460 125th Street and an adjacent 5 acre parcel to the east, located at 5480 125th Street. The applicant is proposing to adjust the common property line to the east 315 feet and to the south 101 feet, to create a 10.59 acre parcel and a 1.49 acre parcel. There is a driveway that currently goes through the property to the east to access the property to the west. After the property line adjustment, each driveway will be on its own parcel. Staff finds that both properties will conform to the City's minimum lot requirements after the relocation of the common property line. The property is located in the Single Family Detached Residential Zoning District (R-3) where the minimum lot size is 10,400 square feet. Staff recommends approval of the resolution approving a lot line adjustment for Gerald Hauble. Adoption of the Consent Agenda approved RESOLUTION 2008-46 APPROVING A PROPERTY LINE ADJUSTMENT FOR GERALD HAUBLE FOR PROPERTIES LOCATED AT 5460 AND 5480 125TH STREET NORTH. Approve Lawful Gambling Permit to Conduct Bingo at St. John the Baptist Catholic Church on November 22, 2008 The City has received an application from St. John the Baptist Catholic Church in Hugo to conduct lawful gambling in the form of bingo on Saturday, November 22, 2008. The bingo will be held as part of their fall festival event. Adoption of the Consent Agenda approved the lawful gambling application for The Church of St. John the Baptist to conduct a bingo on Saturday, November 22, 2008. Approve Final Pay Request No. 7 from Arnt Construction for Rice Lake Park Complex The City of Hugo has received the final pay request from Arnt Construction for work completed to date on the Rice Lake Park Athletic Complex project. Public Works Director Scott Anderson has reviewed the final pay request from Arnt Construction and found it to be satisfactory complete. Adoption of the Consent Agenda approved final pay request No. 7 from Arnt Construction, Inc., in the amount of $168,214.91. Approve Final Pay Request No. 6 from Arcon Construction for Oakshore Park Proiect This item was removed from the Consent Agenda by Council Member Becky Petryk and Mike Granger because they are residents of Oakshore Park. The City of Hugo has received the final pay request from Arcon Construction, Inc. for work completed to date on the Oakshore Park public improvement project. This public improvement project was the result of many years of meetings with Oakshore Park residents who were interested in providing sewer and water and streets improvements in their neighborhood as well as sale of their private park to the City of Hugo for a new and improved public park. Public Works Director Scott Anderson has reviewed the final pay request from Arcon Construction and found it to be satisfactory complete. Staff recommended Council approve the final pay request No. 6 from Arcon Hugo City Council Minutes for October 20, 2008 Page 6 of 9 Construction, Inc., in the amount of $137,606.90. Haas made motion, Puleo seconded, to approve the final pay request No. 6 from Arcon Construction, Inc., in the amount of $137,606.90. Ayes: Haas, Puleo, Miron Abstain: Granger, Petryk Motion carried. Reschedule I-35 W/E Coalition Meeting At its October 6, 2008 meeting, City staff informed the Hugo City Council that the next I-35 W/E Coalition meeting scheduled for Thursday, October 9, 2008 was cancelled due to the conflicting schedule of a number of council members from a number of communities. City staff requested Council select a date on which to schedule the next I-35 W/E Coalition meeting which will be held at the Running Aces Harness Track in the City of Columbus. Haas made motion, Granger seconded, to schedule the next I-35 W/E Coalition meeting for Thursday, December 11, 2008 at 6:00 p.m. at the Running Aces Harness Track. All ayes. Motion carried. Update on October 7, 2008 Candidate Forum On Tuesday, October 7, 2008 The Citizen newspaper hosted a Hugo City Council and Washington County Commissioner Candidate Forum in the Council Chambers of the Hugo City Hall. City Administrator Mike Ericson reported to Council on the Candidate Forum stating there was excellent attendance at the forum, which was followed by a reception hosted by the Hugo Lions in the Oneka Room. Candidates attending were Washington County Commissioner Dennis Hegberg and Erik Langness for the Commissioner seat, and Karen Cariveau-Wright and Phillip Klein for Council Member Ward 2. Candidate Derek Larsen for Council Member at Large provided a written statement stating his withdrawal from the election and his support for Tom Weidt, which was not read in its entirety at the forum. Derek provided the Council a copy of this statement. Miron made motion, Haas seconded, to accept Derek Larsen's written statement as public record. All ayes. Motion carried. Deb Barnes, Publisher for The Citizen, stated she unable to get the League of Women Voters to sponsor the event but was able to have a member of the League attend as the moderator. She was pleased with the number of people who attended. The Mayor thanked The Citizen and the Hugo Lions for their participation with this event. Approve Funding for Social Worker Kyle Johnson for Assistance to Tornado Disaster Survivors City Administrator Mike Ericson met recently with Jim Gondek who is the Committee Chair for the Long Term Disaster Recovery Committee regarding continued funding for Social Worker Kyle Johnson. Kyle's salary comes from funding provided free to the City of Hugo by Lutheran Social Services. Hugo City Council Minutes for October 20, 2008 Page 7 of 9 According to Cindy Johnson, that funding is scheduled to run out after the end of the year. Jim Gondek and Committee Member Mike Gallivan requests that staff bring this issue to Council for discussion and action. The City's share of additional funding would be $8,280, which would cover Kyle's wages from January through June for part time work for Hugo through Lutheran Social Services. Mayor Fran Miron confirmed the costs for the tornado would be forwarded to the state for reimbursement, and it is assumed this would be a reimbursable cost. City Administrator Mike Ericson will be meeting with the senator and state representatives next week to begin the process for applying for reimbursement. Haas made motion, Granger seconded, to approve continued funding of Social Worker Kyle Johnson until June 30, 2009. All ayes. Motion carried. Update on Washington County 7-8-9 Study At its July 7, 2008 meeting, Hugo City Council approved the preliminary design and engineering plans for the improvements to the Washington County 7-8-9 Study which would reflect improvements to County Road 8, east of Trunk Highway 61. Community Development Director Bryan Bear and Council Member Chuck Haas have met with residents along the route in order to better understand their issues as they relate to the preliminary plan. Bryan presented the Alternative 2C Plan, which showed the route that was recommended by the County, and he shared the concerns and comments resulting from the meetings that were held with residents along the route, particularly those who lived on the curves that would be mostly impacted. He also dispelled the rumors that the City was intending to construct sewer and water as part of the project and the rumor the project was part of a plan for development in the rural area. Mayor Fran Miron had concerns about how the new legislation regarding Green Acres would affect taxes on the properties. Council Member Haas invited all residents living along County Road 8 or impacted by the project to contact him or City staff to share their concerns. A public open house will be held to get comments on the plan. Construction is set to begin Spring, 2011, and final design would need to be approved by the City. Haas made motion, Granger seconded, to direct staff to meet with Washington County and share comments from residents. All Ayes. The Council directed staff to include an update on the 7-8-9 Project in the next City newsletter. Discussion on Victor Gardens East Letter of Credit for Public Improvements Staff has been in contact with Bill Beard of the Beard Group, who own the remaining vacant lots in the Victor Gardens East development. There are a number of items within this portion of the development that have not been completed by the developer, CPDC, within the timeline required by the development agreement. Community Development Bryan Bear explained the 26 vacant lots were voluntarily foreclosed on and purchased by the Beard Group. The Beard Group replaced CPDC's Letter of Credit with their own Letter of Credit. Ron Mehl from the Beard Group explained the Beard Group purchased the lots with no intention of doing the work, understanding the letter of credit could be drawn on. The Beard Group would like to see the improvements completed. The primary improvements include a final lift of bituminous, installation of trails, and work around the manholes. Staff has received three quotes Hugo City Council Minutes for October 20, 2008 Page 8 of 9 for completion of the work with the low quote from North Valley for $86,534.38. Granger made motion, Haas seconded, to direct staff to draw on the letter of credit, to accept the low quote from North Valley for $86,534.38, and authorize staff to have the work completed this fall. All ayes. Motion carried. Discussion on Speed Limit in Victor Gardens — HOA President Michael Warner The City of Hugo was contacted by a resident in Victor Gardens regarding the issue of the 30 MPH speed limit in the Victor Gardens neighborhood. Michael Warner is the Homeowners Association President of the single family homes who has been approached by neighbors in regard to excessive speed and the safety of their children playing in and around the streets next to sidewalks and playgrounds. Michael contacted Council Member Becky Petryk who asked that this issue be placed on the next regularly scheduled meeting for discussion by Council. City Engineer Jay Kennedy and Public Works Director Scott Anderson plan to meet with Michael on Friday on this issue. Council Member Becky Petryk will also attend this meeting and encouraged neighbors who have comments or concerns to contact City Hall. Miron made motion, Granger seconded, to table this issue to allow Council Member Becky Petryk, City Engineer Jay Kennedy, and Public Works Director Scott Anderson to meet with the residents. All ayes. Motion carried. Report on October 16, 2008 Transportation Forum On Thursday, October 16, 2008, the City of Hugo hosted a Transportation Forum at Hugo City Hall where the public was invited to attend to learn from six area transportation providers who presented to residents the variety of transportation services provided to Hugo residents. City Administrator Mike Ericson reported there were many attendees at the forum and the City would continue to work with the agencies on transportation issues and formally present it back to the Council. No formal action was taken. Schedule Date for Board of Canvass Meeting On Tuesday, November 4, 2008, the City of Hugo will participate in the national General Election as well as a number of local races including Council Member and Mayoral races. As Council is aware, the results of the voting at the General Election needs to be certified by the City of Hugo acting as the Board of Canvass on or after the November 4th Election, no later than November 12, 2008. Haas made motion, Puleo seconded, to schedule Thursday, November 6, 2008 at 9:00 a.m. for the Board of Canvas to meeting to formerly certify the results of the November 4, 2008 General election. All ayes. Motion carried. Hugo City Council Minutes for October 20, 2008 Page 9 of 9 Schedule Annual City of Hugo Holiday Gathering for December 4, 2008 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, Commission, and City staff. City staff has been successful in securing the first Thursday in the month of December at the Hugo American Legion on which to hold the City's annual holiday gathering. Haas made motion, Petryk seconded, to Thursday, December 4, 2008 at 6:00 p.m. at the Hugo American Legion for the City's Annual Holiday Gathering and invite commissions, City staff, and the public to attend. All ayes. Motion carried. Discussion on Carnelian Marine Saint Croix Watershed District Letter of Support Council member Haas removed this item from the agenda. The Carnelian Marine Saint Croix Watershed District had initially requested a letter of support for a grant from the DNR. Council Member Chuck Haas has since spoke with the Watershed District and was informed the District was taking a different approach. No formal action was taken. Approval of the American Legion Boova on October 26, 2008 City Administrator Mike Ericson added this to the agenda. The Hugo American would like to use a portion of their parking lot for outdoor use during their Annual Fall Booya on October 26, 2008 from noon until gone. Miron made motion, Haas seconded, to approve the American Legion Booya on Sunday, October 26, 2008. All ayes. Motion carried. Adiournment Haas made motion, Petryk seconded, to adjourn at 8:45 p.m. All ayes. Motion carried. Respectfully Submitted, Michele Lindau City Clerk