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HomeMy WebLinkAbout2007.04.16 CC MintuesMINUTES FOR HUGO CITY COUNCIL MEETING OF APRIL 16.2007 Mayor Fran Miron called the meeting to order at 7:05 pm. PRESENT: Granger, Puleo, Miron (Council member Haas arrived at 8:20pm.) City Administrator Mike Ericson, CD Director Bryan Bear, City Attorney Dave Snyder, City Engineer Jay Kennedy, Finance Director Ron Otkin, PW Director Chris Petree, and City Clerk Mary Ann Creager FINANCIAL ADVISORS: Paul Steinman and Mikaela Huot (Springsted Inc.) BOND COUNSEL: Mary Ippel (Briggs and Morgan) ABSENT: Becky Petryk APPROVE MINUTES FOR CITY COUNCIL MEETING OF APRIL 2.2007 Puleo made motion, Granger seconded, to approve the minutes for the April 2, 2007 meeting as presented. All aye. Motion Carried. APPROVAL OF AGENDA Miron made motion, Granger seconded, to approve the agenda for April 16, 2007 as presented. All aye. Motion Carried. PRESENTATION OF CERTIFICATE OF APPRECIATION TO FIREFIGHTER PENNY OWEN In 2003, Penny Owen was hired by the City as a new firefighter. Penny has worked hard and trained and earned her Firefighter 1 and 2 designations and has become a valued member of the Hugo Fire Dept. Unfortunately, Penny's daughter, Jordan, age 7, contracted leukemia more than two years ago. Penny and her husband Rick have focused their attention and energies on their daughter in order that she battle cancer. Penny's professional and personal life does not allow her to continue her service on the department, and she has submitted her letter of resignation to the City, effective immediately. Penny wishes to thank the City, as well as the fire department, for the opportunity to serve the good citizens of Hugo for the past four years. Mayor Fran Miron presented Penny with a Certificate of Appreciation and publicly thanked her, as well as her entire family, for her four years of dedicated service to the citizens of Hugo. Miron made motion, Puleo seconded, to accept the resignation of Penny Owen from the Hugo Fire Department. All aye. Motion Carried. CONSENT AGENDA Granger made motion, Puleo seconded, to approve the following Consent Agenda: Approval of Claims Approve Purchase of 2007 Park Maintenance Equipment City Council meeting of April 16, 2007 Page 2 Approve Prescribed Burn for City Hall Rain Gardens Approve Final Plat for Kellison Subdivision Approve Final Pay Request to Pulte Homes for Work Completed on Oneka Parkway Approve Resolution Approving Redesignation of State Aid Roads in City Approve Resolution Approving the Downtown Design Guidelines Approve Encroachment Agreement for Construction of Pool at 6109 151$` Street (Larrive) Approve Authorization to Amend Chapter 150 to Allow Sale of Strong Beer Approve Water Ski Slalom Course on Sunset Lake (Dave Strub) Approve Pay Request from C.W. Houle for Work Completed to Date on 129" Street P.I. Project Approve 3.2 Temporary On -Sale Beer License for Hugo Lions Club for Good Neighbor Days Approve Sponsorship w/Washington County for HHH Waste Collection Day and Fall Cleanup on September 15, 2007 All aye. Motion Carried. APPROVAL OF CLAIMS Adoption of the Consent Agenda approved the claims roster for April 16, 2007 as presented. APPROVE PURCHASE OF 2007 PARK MAINTENANCE EQUIPMENT Included it its 2007 City budget, Council budgeted $50,000 for the purchase of park and boulevard maintenance equipment to maintain the City's nine neighborhood parks, more than 15 miles of trail, and three municipal buildings. The equipment will be purchased off the State of Minnesota Cooperative Purchasing Venture or through a competitive quote process. Council member Mike Granger has reviewed the equipment and supports the purchase. Adoption of the Consent Agenda approved the purchase of park and boulevard maintenance equipment in an amount not to exceed $40,100. APPROVE PRESCRIBED BURN FOR CITY HALL RAIN GARDENS On April 15, 2002, Council held its first ever meeting in the Hugo City Hall Council Chambers. Residents agreed that the new City Hall and Oneka Community Room allow the citizens of Hugo to gather to take care of the business of the people of Hugo. Council was very pleased with the exterior landscaping, which included three rain gardens, which had been designed and constructed in a cooperative effort with Met Council and the RCWD. Consistent with the plan approved by Council five years ago, a bum of the vegetation and grasses in the rain gardens is necessary in order to allow the opportunity for re -growth and to strengthen their root system and surface growth. PW Director Chris Petree has worked with Natural Shore Technologies, the landscape company that planted and monitors the rain gardens, along with the HFD. Adoption of the Consent Agenda approved the prescribed bum of the City Hall rain gardens, which would likely take place in early May. APPROVE FINAL PLAT FOR KELLISON SUBDIVISION Jim Kellison is requesting approval of a Final Plat and Development Agreement for Kellison Addition for 4.9 acres of property to be divided into three lots located at the northeast comer of 129" Street and Ehncrest Avenue. On October 2, 2006, the City Council approved a Preliminary Plat for Kellison City Council meeting of April 16, 2007 Page 3 Addition to allow one lot to be platted in to three lots. There was also a variance approved to allow the existing home to have a 19 foot rear yard setback instead of the 30 foot requirement at that time. The final plat is consistent with the preliminary plat. Adoption of the Consent Agenda adopted Resolution 2007-12 approving the final plat and development agreement for the Jim Kellison subdivision. APPROVE FINAL PAY REQUEST TO PULTE HOMES FOR WORK COMPLETED ON ONEKA PARKWAY In 2006, Pulte Homes contracted with Enebek Construction for the construction and completion of the extension of Oneka Parkway to County Road 8. The new Parkway includes sidewalks and landscaped boulevards, along with street lights. Pulte Homes submitted their final pay request for the project. City Engineer Jay Kennedy and Senior Engineering Technician Scott Anderson reviewed the project and the pay request and found it to be consistent for work completed. Adoption of the Consent Agenda accepted the improvements and approved the final pay request in the amount of $171,323.58 for work completed on Oneka Parkway. APPROVE RESOLUTION APPROVING REDESIGNATION OF STATE AID ROADS In order to qualify for municipal state aid, Council must designate certain street within the City to comprise a municipal state aid street system. After review by the PW Director, Senior Engineer Technician, and the CD Development Director, the City Engineer determined that certain streets be redesignated part of the City's state aid street system. Adoption of the Consent Agenda adopted Resolution 2007-13 updating the municipal state aid and street system for the City of Hugo. APPROVE RESOLUTION APPROVING THE DOWNTOWN DESIGN GUIDELINES At its April 2, 2007 meeting, Council listened to a presentation from CD Director Bryan Bear as he explained how the downtown architectural design guidelines had been prepared for approval by Council. Council agreed with the recommendation from the Planning Commission to approve the design guidelines, which would then be used by developers in the downtown area. Adoption of the Consent Agenda adopted Resolution 2007-14 approving the downtown design guidelines, as recommended by the Planning Commission. APPROVE ENCROACHMENT AGREEMENT FOR CONSTRUCTION OF POOL AT 6109 151 STREET (LARRIVE) Dave and Teri Larrive, 6109 151St Street North, have applied for an encroachment agreement to locate a portion of an above -ground pool in a drainage and utility easement. Staff finds the pool would have no negative impact on utilities or drainage in the area. Adoption of the Consent Agenda approved an encroachment agreement for Dave and Teri Larrive with authorization for signature by the Mayor. APPROVE AUTHORIZATION TO AMEND CHAPTER 150 TO ALLOW SALE OF STRONG BEER The American & Asian Bistro will be opening a restaurant in the Victor Market Place located at 14775 Victor Hugo Boulevard. The owner has applied for a wine license and a 3.2 beer license, and is City Council meeting of April 16, 2007 Page 4 requesting to serve strong beer. With a wine and 3.2 beer license, State Statute allows the sale of strong beer if at least 60 percent of gross receipts are attributed to food sales, and it is permitted by the governing municipality by ordinance. Hugo City Code has no provision for this. Adoption of the Consent Agenda directed staff to prepare an amendment to the City Code to allow the sale of intoxicating malt liquor with a 3.2 malt liquor license, provided they also have a wine license and 60 percent of their gross receipts are attributable to the sale of food, as allowed by state statute APPROVE WATER SKI SLALOM COURSE ON SUNSET LAKE (DAVE STRUM On behalf of the Sunset Lake Ski Club, Dave Strub has submitted an application for approval of the water ski slalom course. Staff reviewed the application and found it to be satisfactorily completed. Adoption of the Consent Agenda approved the water ski slalom course application for Sunset Lake. On February 5, 2007, Council awarded the bid for the 129' Street public improvement project to C.W. Houle. For the past several weeks, construction workers for C.W. Houle have worked on the project and installed sewer and water mains. C.W. Houle has submitted pay request #1 for work completed to date on the project. Senior Engineering Technician Scott Anderson has reviewed the pay request and found it to be consistent for work completed to date on the project. Adoption of the Consent Agenda approved pay request #1 in the amount of $105,365.83 for work completed to date on the 129' Street public improvement project. APPROVE TEMPORARY ON -SALE 3.2 BEER LICENSE FOR HUGO LIONS CLUB FOR GOOD NEIGHBOR DAYS City staff received an application from the Hugo Lions Club for a temporary on -sale 3.2 beer license for Good Neighbor Days scheduled for June 7-10, 2007. City staff reviewed the application and found it to be satisfactorily complete, as well as the required liquor liability insurance, naming the City of Hugo as an additional insured. Adoption of the Consent Agenda approved the temporary on -sale 3.2 beer license for the Hugo Lions Club to sell beer during Good Neighbor Days on June 7-10, 2007. APPROVE SPONSORSHIP WITH WASHINGTON COUNTY FOR HHH WASTE COLLECTION DAY AND FALL CLEANUP ON SEPTEMBER 15.2007 PW Director Chris Petree discussed with Washington County Public Health officials the annual household hazardous waste collection day and a fall community cleanup event. Washington County has agreed to sponsor this event with the City of Hugo and scheduled it for Saturday, September 15, 2007 at the Hugo Public Works facility. A formal public announcement of the event will take place at a future Council meeting. Adoption of the Consent Agenda approved Saturday, September 15, 2007 as household hazardous waste collection day and fall cleanup day in the City of Hugo. City Council meeting of April 16, 2007 Page 5 APPROVE RESOLUTION FOR CITY OF HUGO TREE TRIMMING POLICY Due to the absence Council Becky Petryk: Puleo made motion, Granger seconded, to table action on the resolution for the City of Hugo tree trimming policy. All aye. Motion Carried. CONTINUATION OF PUBLIC HEARING FOR DOWNTOWN TIF DISTRICT FROM COUNCIL MEETINGOF APRIL 2.2007 At its February 20, 2007 meeting, Council authorized staff to schedule a public hearing for Monday, April 2, 2007 in order to hold a public hearing for the consideration of a downtown tax increment financing (TIF) district. City staff provided a PowerPoint presentations of the TIF Plan and Mayor Fran Miron opened the public hearing to take any all public comment on the proposed TIF district. A total of 16 people addressed the Council and provided pro and con statements on the plan. The Hugo City Council voted to continue the public hearing to the April 16, 2007 regular City Council meeting. City Administrator Mike Ericson provided Council and the audience a brief recap of the last meeting, including explanations on a few issues. Harold Weins, 8565 136h Street, wanted to see a copy of the minutes for the Council meeting of April 2, 2007 and questioned the need to use "incentives" to attract quality businesses to Hugo. Staff provided Harold with a set of the meeting minutes. Pete Pedersen, 4826 126h Street, stated the TIF was a tool to be used by the City and supported its use. Mike Anderson and his mother, Catherine, 14559 Forest Blvd., supported the TIF district stating it was part of the master plan for downtown redevelopment and they have been waiting for 12 years. Mike Fleischacker, 16040 Jeffrey Avenue, was opposed to the TIF district because the playing field was not level and district would give developers an advantage. Phil Klein, 6760 165h Street, member of the EDA, supported the TIF district because it is a tool approved by the State Legislature and we need to use it or downtown will not get redeveloped. Downtown Hugo is important and we need all the tools we can use. Darrel Bunge, 14696 Fondant, stated that he too was concerned with the downtown plan and got involved at the legislature so there would be no taking of his house. He felt that TIF was a valuable tool to develop property, and as a result, place more value on his property. He thanked the staff for being very professional and communicating with him. Jan Arcand, 1850 Cedar, WBL, and member of the EDA, and from a family who has been here 100 years, stated many reasons why she is supporting the establishment of the TIF district. Wendy Maxwell, 9674 152nd Street, questioned how "pay as you go" was used in the BEIP; who will City Council meeting of April 16, 2007 Page 6 pay for City services in the new district; how much money has been spent on this issue to date and where is the money coming from; and is Council voting for developers or your constituents? Jess Roush, 4776 126' Street, stated that he was a contractor and knew blight when he saw it. He expressed concern with the City identifying certain houses and businesses as "blighted" in the TIF district. Staff clarified for Jess that all inspection work was done in a thorough and professional manner. Vicky Hoffbeck, 8110 120' Street, stated again the difficulty of understanding a TIF district; TIF a tax burden on the whole county; use of eminent domain not impossible; and Forest Lake TIF district in trouble. Wally Stoltzman, 8139 157th Street, stated that the TIF district lacked the cooperation of a majority of residents; and there is a trust issue. After discussion on the Mike McAllister "We the People" SaveHugo.com Resolution: Miron made motion, Granger seconded, to adopt RESOLUTION 2007-15 A RESOLUTION ESTABLISHING AND CLARIFYING CITY POLICY ON THE USE OF INVOLUNTARY EMINENT DOMAIN THE PROPOSED TAX INCREMENT FINANCING DISTRICT DESCRIBED IN THE PUBLIC HEARING NOTICE PUBLISHED IN THE OFFICIAL NEWSPAPER OF THE CITY ON APRIL 2, 2007. VOTING AYE: Granger, Puleo, Miron Motion Carried. Council member Chuck Haas arrived at the meeting at 8:20 pm. Mayor Miron and Council members shared their rationale and reasons to support the new TIF District. Miron made motion, Haas seconded, to adopt RESOLUTION 2007-16 A RESOLUTION ESTABLISHING TAX INCREMENT FINANCING (REDEVELOPMENT) DISTRICT NO. 1-2 WITHIN DEVELOPMENT DISTRICT NO. 1 AND APPROVIGN THE TAX INCREMENT FINANCING PLAN THEREFOR. The City's financial advisor requested Council approve the resolutions in a certain proper order. Miron and Haas withdrew their motion. Miron made motion, Haas seconded, to adopt RESOLUTION 2007-16 A RESOLUTION AUTHORIZING REMOVAL AND DECERTIFICATION OF CERTAIN PARCELS FROM THE CITY'S TIF DISTRICT NO. 1-1 VOTING AYE: Granger, Haas, Puleo, Miron Motion Carried. Miron made motion, Haas seconded, to adopt RESOLUTION 2007-17 A RESOLUTION ESTABLISHING TAX INCREMENT FINANCING (REDEVELOPMENT) DISTRICT NO. 1-2 City Council meeting of April 16, 2007 Page 7 WITHIN DEVELOPMENT DISTRICT NO. 1 AND APPROVING THE TAX INCREMENT FINANCING PLAN THEREFOR. VOTING AYE: Granger, Haas, Puleo, Miron Motion Carried. Granger made motion, Haas seconded, to adopt RESOLUTION 2007-18 A RESOLUTION ADOPTING A TAX INCREMENT FINANCING POLICY. VOTING AYE. Granger, Haas, Puleo, Miron Motion Carried. Miron made motion, Puleo seconded, to take a five-minute recess. All aye. Motion Carried. DISCUSSION ON MARCH 15.2007 PLANNING COMMISSION MEETING AND RURAL AND OPEN SPACE PRESERVATION ORDINANCE AND PROPOSED MORATORIUM At its March 15, 2007 meeting, the Hugo Planning Commission discussed the direction provided to them by Council regarding the current rural and open space preservation ordinance. Council directed the PC to review and provide revisions to the ordinance and submit back to Council by a May 1, 2007 deadline. After discussion, the PC agreed to table the issue to their April 12, 2007 meeting. During the past several months, several Planning Commission members have suggested that a moratorium should be imposed on new developments related to the ordinance while the revisions are being undertaken. Recent discussions at City Council meetings have focused on alternatives to the current Rural Preservation Program that should be discussed concurrent with the ongoing process to update Comprehensive Plan. CD Director Bryan Bear provided Council a PowerPoint presentation with a background of the rural preservation program and the potential merits of a moratorium that would result in the City initiating a study of the current ordinance, including a review of alternate methods that will encourage the preservation of land. Council discussed the pros/cons of the moratorium. Granger made motion, Puleo seconded, to table action on the moratorium ordinance based on: 1) the absence of Council member Becky Petryk; and 2) allow the Planning Commission an additional 45 days to discuss the proposed ordinance and bring back to Council for consideration. VOTING AYE: Granger, Puleo, Miron ABSTAINED: Haas Motion Carried. DISCUSSION ON ANNUAL CITY AUDIT AND MEETING WITH SMITH SCHAFER & ASSOCIATES Each year, the City contracts with a private independent auditor in order to complete the City's annual audit. Finance Director Ron Otkin has scheduled the annual audit for late April, at which he and City staff will work with auditors from Smith Schafer & Associates to complete the 2006 annual City audit. At its February 5, 2007 meeting, Council listened to a handful of residents who had signed a petition letter requesting the state auditor complete an independent audit of the City of Hugo. Council did not City Council meeting of April 16, 2007 Page 8 agree with the request and denied the petitioners' request citing the need to identify the issues needed to be audited, as well as the significant cost to be borne by City taxpayers. Finance Director Otkin provided a PowerPoint presentation, which included a City staff recommendation that the Hugo City Council extend an invitation, on behalf of the City of Hugo, to the signers of the petition letter to have their issues addressed by the City auditor Smith Schafer & Associates. Those residents with audit issues would have an opportunity to meet privately with the auditor, after which an agreed upon Procedures Engagement would be drafted, along with a cost estimate, for submittal to Council for consideration. Three signers of the petition, Clyde Wager, Wendy Maxwell, and Vicky Hoffbeck, addressed the Council but did not accept the offer. Ron stated that the petitioners would have until April 24`h to advise him of their desire to meet with the auditors. Haas made motion, Granger seconded, to open the City's audit process to allow audit petitioners an opportunity to meet Smith Schafer & Associates at a specified cost estimate. Haas made motion, Granger seconded, to amend the previous motion to set April 24, 2007 as the last date that the petitioners can request a meeting with the auditors. VOTE ON AMENDMENT: All aye. Motion Carried. VOTE ON ORIGINAL MOTION: All aye. Motion Carried. SCHEDULE COUNCIL WORKSHOP TO DISCUSS POLICE PROTECTION SERVICES At its March 5, 2007 meeting, Council listened to a presentation from Washington County Sheriff Bill Hutton, whereby he outlined his plan for providing police protection services to the City for the next year, and the changes he has suggested to his deputies and staff. Council included in its 2007 City Focus Goals, a review of police protection services and agreed to schedule a workshop in order to discuss these services further. Council requested that the following matters be included for discussion at the meeting: 1) as the City grows, the need for its own police department; and 2) comments on the deputy turnover and the pay scale for the sheriff s department. Haas made motion, Granger seconded, to schedule a meeting workshop for Friday, June 1, 2007, Hugo City Hall, at 8:30 am, to discuss police protection services. All aye. Motion Carried. DISCUSSION ON EXPIRATION OF TERM AND PETITION TO ENLARGE CARNELIAN - MARINE WATERSHED DISTRICT The City received notification from Washington County that the terms of office for two managers on the Carnelian -Marine Watershed District will expire on June 21, 2007. State statute provides that the County Board may select watershed district managers from list of nominees submitted by municipalities that are wholly or partially in the watershed district. If any Hugo resident is interested in serving on the board, they should contact Washington County or the City by the April 20, 2007 deadline. Additionally, a petition has been received to enlarge the Carnelian -Marine Watershed District and it was considered by the MN Board of Water and Soil Resources on March 24, 2007. The enlargement process is anticipated to be finalized by May 1, 2007. No formal Council action was taken. City Council meeting of April 16, 2007 Page 9 APPROVE RESOLUTION PROCLAIMING APRIL 12.2007 AS D.A.R.E. DAY IN MN Washington County Investigator Tim Hams is the DARE officer assigned to the Oneka Elementary School. Investigator Hams' job is to educate fifth graders on the prevention and education program that teaches young people ways of resisting peer pressure to experiment from drugs and alcohol. The WBL school district is committed to providing this education to its fifth graders and Deputy Hams is soliciting the public support of the City of Hugo. City staff recommended Council approve the resolution thereby proclaiming April 12, 2007 to be D.A.R.E Day in the City of Hugo and an invitation to attend the DARE graduation on May 3, 2007 at the Oneka Elementary School. Miron made motion, Granger seconded, to adopt RESOLUTION 2007-19 A RESOLUTION PROCLAIMING APRIL 12, 2007 AS DRUG ABUSE RESISTANCE EDUCATION (DARE) DAY IN MINNESOTA. VOTING AYE: Granger, Haas, Puleo, Miron Motion Carried. DISCUSSION ON WHITE BEAR LAKE YMCA COMMUNITY PARTNERSHIP FOCUS GROUP STUDY City staff has been meeting with White Bear Lake city officials over the past several months regarding youth activities and how they can be provided in the future. Most recently, local area city officials met with YMCA board members to discuss the present and future service levels of the White Bear Lake YMCA. In order to better understand and quantify how WBL area residents and youth receive their recreational programming needs, YMCA officials have suggested a Focus Group Study Project. The majority of the cost would be paid by the YMCA, with a pro rata share from the respective cities. Miron made motion, Haas seconded, to approve $1,200 to pay for the City's share of the Focus Group Study Project, and to further designate the City Administrator and/or the PW Director or Parks and Recreation Commission member to represent the City of Hugo and attend the YMCA Focus Group Strategic Planning Session. All aye. Motion Carried. REPORT ON APRIL 7.2007 TOWN HALL MEETING WITH STATE SENATOR RAY VANDEVEER AND REPRESENTATIVE MATT DEAN On Saturday, April 7, 2007, State Representative Matt Dean and State Senator Ray Vandeveer held a Town Hall meeting in the Oneka Room at Hugo City Hall. Council members Frank Puleo and Chuck Haas attended the meeting stating that taxation at the state level and immigration were topics of discussion. SCHEDULE ANNUAL PERFORMANCE REVIEW FOR CITY ADMINISTRATOR On April 17. 2000, Mike Ericson was hired as the new Hugo City Administrator. The Hugo City Council conducts its annual performance review of City Administrator Mike Ericson, with the assistance City Council meeting of April 16, 2007 Page 10 of City Attorney Dave Snyder. City staff recommends Council direct the City Attorney to prepare the performance review materials and to submit them to the City Attorney by April 27, 2007. No formal Council action was taken. APRIL 22.2007 HUGO KIDZ `N BIZ FEST SCHEDULED FOR ONEKA ELEMENTARY SCHOOL City staff provided Council with an update on scheduled events at the 3nd annual Kidz `n Biz Fest in the City of Hugo scheduled for April 22, 2007 at the Oneka Elementary School from 1pm to 4pm. SCHEDULE COMPREHENSIVE PLAN OPEN HOUSE As Council as aware, City staff has been continuing to receive feedback on the proposed 2008 Comprehensive Plan, since the first open house was held on Monday, February 26, 2007. Visioning exercises with the City's commissions have been held since then and information is compiled and assembled for the Council/Commission workshop, which is scheduled for Thursday, April 26, 2007 at 7:00 pm. Following the workshop, the City will hold a public workshop in May to present the results of the visioning sessions and workshop and present drafts of the background and goals/policy sections of the 2008 Comprehensive Plan for public review and comment. Haas made motion, Puleo seconded, to schedule a Comprehensive Plan Open House for Wednesday, May 23, 2007, Hugo City Hall, at 7:00 pm, to present the results of the visioning sessions and workshop, and present drafts of the background and goals/policy sections of the 2008 Comprehensive Plan for public review and comment. All aye. Motion Carried. ADJOURNMENT Granger made motion, Haas seconded, to adjourn at 10:00 pm. All aye. Motion Carried. -, Mary Ann' reager CityCl