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HomeMy WebLinkAbout2007.11.19 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF NOVEMBER 19, 2007 Mayor Fran Miron called the meeting to order at 7:05 pm. PRESENT: Granger, Haas, Petryk, Puleo, Miron City Administrator Mike Ericson, CD Director Bryan.Bear, City Attorney Dave Snyder, City Engineer Jay Kennedy, Assistant Planner Rachel Simone, and CD Assistant Michele Lindau APPROVE MINUTES FOR THE CITY COUNCIL MEETING OF NOVEMBER 5.2007 Haas made motion, Granger seconded, to approve the minutes for the November 5, 2007 meeting as presented. APPROVE MINUTES FOR EXECUTIVE SESSION OF NOVEMBER 5.2007 Haas made motion, Puleo seconded, to approve the minutes for the executive session of November 5, 2007 as presented. APPROVAL OF AGENDA Remove G.2 from the Consent Agenda - Approve Pay Request #4 from Arcon Construction for Work Completed on the Oakshore Park P.I. Project. Remove H.1 for discussion at the December 3, 2007 meeting — Award Bid for 2007 Pumper/Tanker Fire Truck. Miron made motion, Granger seconded, to approve the agenda for November 19, 2007 as amended. All aye. Motion Carried. CONSENT AGENDA Haas made motion, Puleo seconded, to approve the following Consent Agenda: Approval of Claims Approve Special Assessment Agreement with Blue Heron Grill Approve Charitable Gambling License for Pulltabs for Hugo American Legion Approve Annual Snowmobile Trail Application from Hugo Snowmobile Club Approve Annual Snowmobile Trail Application from Rice Creek Snowmobile Club Approve Resolution Approving Acquisition of Forfeited Parcels from Washington County Approve Appointment of Bryan Harris, Jake Christiansen and Gina Duncanson as Regular Firefighters Approve Increase in Fireman's Relief Pension Fund Approve Conditional Use Permit for Wireless Cellular Tower (T -Mobile) Approve Charitable Gambling License for Oneka PTA to Conduct a Raffle at the Annual Gold Plate Dinner at the Hugo American Legion on February 8, 2008 Approve Ordinance Amendment to Hugo City Code, Chapter 320, Section 1015 -VARIANCES, to Include Procedure for Minor Deviations All aye. Motion Carried. City Council meeting of November 19, 2007 Page 2 APPROVAL OF CLAIMS Adoption of the Consent Agenda approved the claims roster for November 19, 2007 as presented. APPROVE SPECIAL ASSESSMENT AGREEMENT WITH THE BLUE HERON GRILL At its October 15, 2007 meeting, Council discussed the SAC and WAC charges assigned for the Blue Heron Grill and directed City staff to work with the owner and prepare an agreement under which the owner would pay for the charges under a special assessment agreement with terms and conditions agreeable to both parties. City staff met recently with the owner of the Blue Heron Grill, as well as his banker and City Attorney to prepare the special assessment agreement with terms and conditions to allow for the full and complete payment of the SAC and WAC charges. Adoption of the Consent Agenda adopted Resolution 2007-57 approving the special assessment agreement for the Blue Heron Grill and the SAC and WAC charges assigned to it by the City of Hugo. APPROVE CHARITABLE GAMBLING LICENSE FOR PULL TABS FOR HUGO AMERICAN LEGION The City received a charitable gambling license application from the Hugo American Legion for the sale of pull tabs. This license is renewable every two years beginning with January 151. City staff reviewed the license application and found it to be satisfactory complete. Adoption of the Consent Agenda approved the charitable gambling license for the Hugo American Legion, 5383 140'h Street, for the sale of pull tabs. APPROVE ANNUAL SNOWMOBILE TRAIL APPLICATION FROM HUGO SNOWMOBILE CLUB Each year, the Hugo Snowmobile Club submits its trail application to the City for the purpose of providing public recreational snowmobile trails during the winter. The application is for the four public trails outside of the popular Hardwood Creek Trail. City staff reviewed the application, along with the renewal of liability insurance coverage, which names the City as an additional insured. Adoption of the Consent Agenda approved the 2007-2008 annual trail application from the Hugo Snowmobile Club. APPROVE ANNUAL SNOWMOBILE TRAIL APPLICATION FROM RICE CREEK TRAIL SNOWMOBILE CLUB Each year, the Rice Creek Trail Snowmobile Club submits its trail application to the City for the purpose of providing public recreational snowmobile trails during the winter. The application is for the public trail outlined on the attached trail map. City staff reviewed the application and found it to be satisfactory complete. Adoption of the Consent approved the 2007-2008 annual trail application from the Rice Creek Trail Snowmobile Club. APPROVE RESOLUTION APPROVING ACQUISITION OF FORFEITED PARCELS FROM WASHINGTON COUNTY At its November 5, 2007 meeting, Council listened to a presentation from PW Director Chris Petree and City Council meeting of November 19, 2007 Page 3 CD Director Bryan Bear regarding a number of tax forfeited parcels of land submitted to the City by Washington County. Staff reviewed with Council each of the eleven parcels of land and presented the rationale for the acquisition of ten of the eleven parcels. Consistent with Washington County policy on this issue, the City may acquire the parcels by a simple resolution. Adoption of the Consent Agenda adopted Resolution 2007-58 thereby transferring the ownership of ten of the eleven tax forfeited parcels from Washington County to the City of Hugo. APPROVE APPOINTMENT OF BRYAN HARRIS, JAKE CHRISTIANSEN AND GINA DUNCANSON AS REGULAR FIREFIGHTERS On behalf of the Hugo Fire Department, Fire Chief Jim Compton is pleased to announce the successful completion of the required training under Section 13 of the HFD's Suggested Operating Guidelines for firefighter 1 and EMT certification for Bryan Hams, Jake Christiansen, and Gina Duncanson. With this successful completion, Chief Compton would like to recommend to Council these firefighters be placed on regular firefighter status. Adoption of the Consent Agenda approved the appointment of Bryan Harris, Jake Christiansen, and Gina Duncanson as regular firefighters. APPROVE INCREASE IN FIREMAN'S RELIEF PENSION FUND The Hugo's firefighters' relief association is the administrator of a single -employer defined benefit pension plan available to firefighters, which operates under the provisions of Minnesota state statute. It is governed by a board of nine officers and trustees elected by members of the association. The majority of the pension funding comes from the State of Minnesota's 2% premium tax. The City receives this and is required to pass it on to the association. Benefits are payable in a lump sum based on year's of service, with the current benefit level of $2,500 per year of service. Based on latest actuarial, a copy of which is attached hereto, the portfolio restructuring has been effective in eliminating the deficit thus the Board of Trustees recently voted to increase the benefit level to $2,700 per year of service effective January 1, 2008. The Finance Department has reviewed the actuarial and supports the Board's action. Adoption of the Consent Agenda ratified the Board's decision to increase the pension benefit level for the Hugo Fireman's Relief Pension Funds to $2,700 per year of service effective January 1, 2008. APPROVE CONDITIONAL USE PERMIT FOR WIRELESS CELLULAR TOWER (T - MOBILE) The applicant is requesting approval of a conditional use permit (CUP) to erect a 195 -foot high monopole tower on the Goiffon property located at 8124 147th Street North. The tower is proposed to be constructed on an 80 acre parcel, 40 of which is north of 147th Street and 40 of which is south of 147th Street. The property owner also owns the 40 acre parcel to the north of the 80 acre parcel. The properties are zoned Agricultural. The leased area for the tower and the electrical equipment is 3600 square feet and will be surrounded with an eight foot high chain link security fence. The cabinets for the electrical equipment will be constructed out of precast concrete. The proposed tower is for T -Mobile Wireless Corporation. Washington County Sheriff s Department intends to co -locate their 800 MHz wireless communication system on the proposed tower. The Planning Commission unanimously voted to recommend approval of the conditional use permit. Adoption of the Consent Agenda adopted Resolution 2007-59 approving the CUP for a wireless cellular tower at the property located at 8124 147' Street. City Council meeting of November 19, 2007 Page 4 APPROVE CHARITABLE GAMBLING LICENSE FOR ONEKA PTA TO CONDUCT A RAFFLE AT THE ANNUAL GOLD PLATE DINNER AT THE HUGO AMERICAN LEGION ON FEBRUARY 8.2008 City staff received an application from the Oneka PTA for a charitable gambling license in order to conduct a raffle at its annual gold plate dinner scheduled for the American Legion on February 8, 2007. As Council is aware, the Oneka PTA is raising funds for the playground equipment as the Oneka Elementary School. The dinner provides an opportunity to raise funds to provide for the purchase of new equipment. City staff reviewed the application and found it to be satisfactory complete. Adoption of the Consent Agenda approved the charitable gambling license for the Oneka PTA to conduct a raffle at the annual gold plate dinner at the Hugo American Legion on February 8, 2008. APPPROVE ORDINANCE ADMENDMENT TO CITY CODE, CHAPTER 320, SECTION 1015 VARIANCES, TO INCLUDE PROCEDURE FOR MINOR DEVIATIONS The Planning Commission held a public hearing on October 22, 2007 to consider an amendment to Hugo City Code, Chapter 320, VARIANCES, for a new process related to variances. The proposed ordinance would allow the staff to administratively approve certain minor deviations to the Zoning Ordinance. The Commission unanimously approved the proposed amendment. Adoption of the Consent Agenda adopted Ordinance 2007413 amending Chapter 320, Section 1015.090.2 MINOR DEVIATIONS. APPROVE PAY REQUEST #4 FROM ARCON CONSTRUCTION OF WORK COMPLETED ON THE OAKSHORE PARK P.I. PROJECT This item was removed from the Consent Agenda to allow Petryk and Granger, who live in Oakshore Park, to abstain from discussion and action on the request. City staff received pay request #4 from Arcon Construction for work completed to date on the Oakshore Park public improvement project. Senior Engineering Technician Scott Anderson reviewed the pay request and found it to be satisfactory for work completed on the project. Haas made motion, Puleo seconded, to approve the pay request 44 from Arcon Construction in the amount of $209,002.72 for work completed to date on the Oakshore Park public improvement project. Aye: Haas, Puleo, Miron Abstain: Granger, Petryk Motion carried. DISCUSSION ON REVISED FLOOD PLAIN ORDINANCE City staff met several months ago with officials from MnDNR regarding the City's current flood plain ordinance. Over the past several months, City staff has been working on revisions to the ordinance, which would reflect an ordinance more consistent with the standardization of the DNR's flood plain ordinance. Associate Planner Rachel Simone presented the proposed revised ordinance to the Council. City Council meeting of November 19, 2007 Page 5 Haas made motion, Granger seconded, to approve the changes and submit the ordinance to the MN DNR for review. Members of the Council had concerns about requirements in the agricultural district, specifically fences and structures, and questions about the definition of "unsuitable" in regard to land division. Miron made motion, Puleo seconded, to table the item for further discussion at a later date in a workshop. All Aye. Motion carried. APPROVE RECREATIONAL VEHICLE ORDINANCE At its October 11, 2007 meeting the Planning Commission held a public hearing on the proposed Recreational Vehicle Ordinance. One resident stated that he has looked at other cities that regulated storage of recreational equipment and found that they have tighter restrictions. He also had concerns with the one -foot side yard setback because of safety concerns to access the back yard in case of a fire and that it also encourages loading and unloading of the recreational vehicles on the neighboring property. The Planning Commission made a motion to table the item until staff discussed the one -foot side yard setback with the Fire Department. Staff discussed this issue with Fire Marshal Marty Schwartz and Fire Chief Jim Compton, and they stated that in their opinion, the one -foot side yard setback was not a fire issue and that they would actually like to see the recreational equipment closer to the property line than to the building. At its October 25, 2007 meeting the Planning Commission discussed the item again with the information from the fire department provided. The Commission suggested a condition be added to allow the vehicles to be parked in the driveway ten feet from the curb between one week before Memorial Day and one week after Labor Day, and 30 feet from the curb at all other times. The Planning Commission unanimously recommended approval of the storage of recreational equipment ordinance with the condition that the provision above be included in the ordinance. Members of the Council stated the time constraint in the condition added by the Planning Commission was too restrictive. Miron made motion, Petryk seconded, to approve Ordinance 2007-414 approving Performance Standards for Storage of Large Recreational Equipment, excluding the condition proposed by the Planning Commission. All aye. Motion carried. UPDATE ON GOODVIEW AVENUE SOUTH MEETING OF NOVEMBER 13, 2007 City Engineer Jay Kennedy provided an update on the November 13, 2007, meeting the City of Hugo hosted with city officials from the City of Grant, White Bear Township, and Washington County. The City of Hugo was represented by Mayor Fran Miron and Council member Chuck Haas, who agreed at the Council's November 5'" meeting to schedule a meeting with neighboring communities and Washington County to discuss the maintenance of the south section of Goodview Avenue into the City of Grant. Kennedy reported that after a thorough discussion by all parties, including himself and Assistant County Engineer Wayne Sandberg, the city officials agreed to schedule a neighborhood meeting after January I" with residents who live on that section of Goodview Avenue, at the White Bear City Council meeting of November 19, 2007 Page 6 Town Hall. The purpose of the meeting would be to get residents in the area an opportunity for a first- hand discussion with city officials in an informal setting. No formal Council action was taken. APPROVE PROPOSED PAUL HUGO FARMS WILDLIFE MANAGEMENT AREA PLAN In January 2007, Council appointed Council member Frank Puleo and Planning Commission Chair Dave Schumann, along with City Administrator Mike Ericson and CD Director Bryan Bear, to a task force for the development of a Paul Hugo Farms Wildlife Management Area Plan. Several agencies had representatives on the task force, including the MnDNR, Board of Water and Soil Resources, RCWD, and RCWD's engineer Emmons and Olivier Resources. The task force held a total of eight meetings in preparation of the plan, including a neighborhood meeting held in August 2007 with residents living near the Paul Hugo Fauns WMA. After many hours of discussion, analysis, and thorough review, the task force presents its draft plan to the Hugo City Council for its support for a long-term plan for the 320 -acre Paul Hugo Farms WMA. Mayor Miron passed the gavel to Acting Mayor Petryk, stating he had a conflict of interest as a property owner, and left the Council Chambers. Emmett Mullen and Bob Welsh from the MnDNR, as well as two other representatives, presented this plan for discussion and review by Council. Four residents spoke on the plan. Don Waller had concerns that fire and drainage issues and ditch maintenance was not addressed in the plan. Mike Miron spoke about the impact the WMA Plan would have on the Comprehensive Plan currently being drafted. Robert Franhorst stated there was a need for a buffer between hunters and homes. Alice Waller questioned whether the citizens of Hugo even want hunting in the City. John Waller stated that the defined project area has an impact on the future use of private property. He has strong concerns over language in proposed 2008 Comprehensive Plan. Don Waller agreed the Comp Plan would have an impact on this plan. Haas made motion, Granger seconded, to generally support the Paul Hugo Farms Wildlife Management Plan, and not include adopting the conclusions or the establishment of the project boundary area. All Aye. Motion carried. Mayor Miron returned to the Council Chambers, and Acting Mayor Petryk passed the gavel back to the Mayor. DISCUSSION ON HUGO FIRE DEPARTMENT 100 -YEAR ANNIVERSARY On behalf of the Hugo Fire Department and Fire Chief Jim Compton, City Administrator announced that the HFD will celebrate its 100 -year anniversary in 2008. Efforts are already underway to coordinate the event during National Fire Protection Week in October 2008. The event will involve activities during that week, as well as a ceremony next door at the Hugo American Legion. City staff will present additional information as the anniversary committee continues its work. No formal Council action was taken. REQUEST FROM RESIDENT JESS ROUSH AT 4776126TH STREET TO DISCUSS THE NOVEMBER 5.2007 CITY COUNCIL MEETING City staff has received a letter from resident Jess Roush, who lives at 4776 126th Street, requesting to discuss the Council meeting of November 5, 2007 where City Administrator Mike Ericson spoke to City Council meeting of November 19, 2007 Page 7 representatives of the group "We the People" in the lobby at City Hall during the meeting. Ericson offered an apology to anyone if they may have been offended. Roush provided his oral and written testimony at the meeting which in part asked the Council join them in requesting a state audit. The Mayor reminded him the Council had already determined not to support the audit, and the group had also been invited to participate in the City's annual audit, to which they had declined. No formal Council action was taken. HUGO FOOD SHELF REQUEST TO THE COMMUNITY FOR DONATIONS City staff made a site inspection visit on November 8, 2007 at the Hugo Food Shelf located adjacent to the Rice Lake Park building. The purpose of the visit was to bring staff up to date on the activities of the Hugo Food Shelf, which is open Thursdays, from 3pm to 8pm. City staff is working with Director Kim Corbett and her volunteer staff on the future relocation of the Hugo Food Shelf, which is located in a mobile trailer. The City Administrator announced to the Hugo community that donations are currently being accepted on site, as well as at Hugo City Hall. Any individual wishing to make a donation of an unperishable food item should contact Kim Corbett at 651-407-1852. No formal Council action was taken. UPDATE ON NOVEMBER 15TH OPEN HOUSE AND SCHEDULE NEXT 2008 COMPREHENSIVE PLAN OPEN HOUSE On Thursday, November 15, 2007, Council hosted an open house for the purpose of public input on the 2008 Comprehensive Plan. Community Development Director Bryan Bear provided the Council an update on the open house and asked the Council to schedule the next workshop to involve residents in planning for the 2008 Comprehensive Plan. Haas made motion, Petryk seconded to schedule a joint workshop with the Planning Commission for January 10, 2008, at 7:00 p.m. All Aye. Motion carried. ADJOURNMENT Haas made motion, Granger seconded, to adjourn at 9:56 p.m. All Aye. Motion carried. Michele Lindau CD Assistant