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HomeMy WebLinkAbout2014.12.15 CC MinutesMINUTES FOR THE CITY COUNCIL MEETING ON MONDAY, DECEMBER 15, 2014 Mayor Weidt called the meeting to order at 7:00 p.m. PRESENT: Haas, Klein, Weidt, Petryk (arrived at 8:15) ABSENT: None ALSO PRESENT: City Administrator Bryan Bear, City Attorney Dave Snyder, City Engineer Jay Kennedy, Finance Director Ron Otkin, Planner Rachel Juba, Accounting Clerk Anna Wobse, and City Clerk Michele Lindau Pledge of Allegiance The Minnesota Adjutant General Major General Rick Nash was in the audience, and Mayor Weidt invited him to lead in the Pledge of Allegiance. Minutes for the December 1, 2014 Council Meeting Haas made motion, Klein seconded, to approve the minutes for the December 1, 2014 City Council meeting as presented. All Ayes. Motion carried. Minutes for the December 8, 2014 Rice Lake Meadows Neighborhood Meeting Haas made motion, Klein seconded, to approve the minutes for the December 8, 2014 Rice Lake Meadows Neighborhood meeting as presented. All Ayes. Motion carried. Minutes for the December 9, 2014 Interviews for Council Vacancy Haas made motion, Klein seconded, to approve the minutes for the December 9, 2014 Council vacancy interviews as presented. All Ayes. Motion carried. Minutes for the December 10, 2014 HBA Showcase Haas made motion, Klein seconded, to approve the minutes for the December 10, 2014 Business Showcase at DryTech as presented. All Ayes. Motion carried. Hugo City Council Meeting Minutes for December 15, 2014 Page 2 of 11 Approval of the Agenda Weidt made motion, Klein seconded, to approve the agenda as amended to add an update on the Rice Lake Meadows neighborhood meeting under Unfinished Business. All Ayes. Motion carried Recognition of Yellow Ribbon Network, Sponsor of the Year Award, and 5th Anniversary of the Hugo Yellow Ribbon Network Supporters of the Hugo Yellow Ribbon Network were recognized for their participation in the YRN Hamburger night as sponsors of the event. Certificates of Appreciation were prepared for: Bald Eagle Sportsman's Club, Arcand Family/Oneka Ridge Golf Course, May Township, WSB & Associates, Johnson Turner Law Firm, Xcel Energy, Wilson Tool & Employees, Mark and Susan Schwope, Lake Area Bank, Hugo Business Association, Thomson Reuters Employees, Hugo Lions, American Legion Post 620. Also receiving Certificates of Appreciation were Centennial Hockey Association and Bayport American Legion for their support through charitable gambling. Council Member Chuck Haas presented the certificates to those in attendance and presented the Hamburger Night of the Year Award to Wilson Tool. The Minnesota Adjutant General Major General Rick Nash acknowledged all the work of the YRN and said he was honored to be in Hugo to celebrate Hugo YRN's fifth year. He recognized Annette Kuyper, who is the Director of Military Outreach. He commended Haas for all his work and said he is grateful for all the support on behalf of more than 13,000 members of the National Guard. The Mayor and Council expressed their thanks to everyone and called for a short recess. The meeting reconvened at 8:00 p.m. Washington County Veterans Service Outreach During the break, Mayor Weidt met Ryan Carufel, Veterans Service Officer of Washington County, and introduced him to the Council. Ryan explained that part of his job is outreach to help veterans and family members apply for federal, state, and local benefits. He said he appreciates the work of the Yellow Ribbon Network, who has helped guide the veteran's office and assists with things the Office cannot do. He congratulated the Hugo YRN on their five-year anniversary. Approval of the Consent Agenda Haas made motion, Klein seconded, to approve the following Consent Agenda items: 1. Approval of Claims 2. Approve Resolution for Renewal of 2015 Liquor Licenses and Related Licenses 3. Approve Resolution 2015 Licenses for Refuse Haulers 4. Approve Resolution Certifying Delinquent Utility Accounts Hugo City Council Meeting Minutes for December 15, 2014 Page 3 of 11 5. Approve Ordinance Establishing 2015 Fee Schedule and Publication of Summary Ordinance 6. Approve Five -Year C.I.P. 7. Approve Appointment of Mike Miron for Vacancy of Council at Large Seat 8. Approve Renewal of Terms for Planning Commissioners Corky Lessard and Chantell Knauss 9. Approve Renewal of Term for Board of Zoning Appeals and Adjustments Member Christian Boland 10. Approve Renewal of Term for Parks Commissioners Mathew Rauschendorfer 11. Approve Advertisement for Vacancy on Parks Commission 12. Approve Renewal of Term for Economic Development Authority Commissioner Joe Houle 13. Approve Renewal of Terms for Historical Commissioners Kitty Cheesebrow and Kathy Brevig 14. Approve Annual Performance Review for Building Inspector Scott Baller 15. Approve Annual Performance Review for Planner Rachel Juba 16. Approve Annual Performance Review for Public Works Worker Ryan McCullough 17. Approve Assessment Agreement for Arcand Property 18. Approve Resolution Approving Variances for Shoreland Setbacks for Construction of Home on Sunset Lake 19. Approve Resolution Approving Finding of Fact for Denial of Variance for Side Yard Setback for Construction of Home on Sunset Lake 20. Approve Final Pay Request to North Valley Contracting for 165th Street/Ingersoll Avenue Project All Ayes. Motion carried. Approval of Claims Adoption of the Consent Agenda approved the Claims Roster as presented. Approve Resolution for Renewal of 2015 Liquor Licenses and Related Licenses Staff had received the appropriate applications for renewals of Liquor, Tobacco, and Games licenses for 2015. City staff recommended Council approve the resolution approving the annual renewal for the 2015 liquor licenses and related licenses, subject to payment of all requested fees, taxes, and certificates of liquor liability insurance. Adoption of the Consent Agenda approved RESOLUTION 2014-44 APPROVING 2015 LIQUOR LICENSES & RELATED LICENSES. Approve 2015 Licenses for Refuse Haulers The City has seven refuse haulers who provide refuse collection and recycling services. Licenses will be issued to these haulers upon receipt of the $165 annual licensing fee and proof of insurance. Adoption of the Consent Agenda approved RESOLUTION 2014-45 APPROVING 2015 REFUSE HAULERS LICENSES to: Gene's Disposal; SRC, Inc„ Maroney's Sanitation; Ace Solid Waste; Walters Recycling and Refuse; Republican Services/Allied Waste; and MN Waste Management. Hugo City Council Meeting Minutes for December 15, 2014 Page 4 of 11 Approve Resolution Certifying Delinquent Utility Accounts Annually, the Finance Department reviews all delinquent utility bills, which are the result of nonpayment or underpayment of water and sewer utility bills. In accordance with City ordinance, Council is required to adopt a resolution to certify delinquent utility bills to the property tax rolls. Property owners who have not paid their outstanding utility bill will have it certified to the property tax rolls. Adoption of the Consent Agenda approved RESOLUTION 2014-46 DECLARING UNPAID UTILITY BILLS BE PLACED ON THE TAX ROLLS. Approve Ordinance Establishing 2015 Fee Schedule and Publication of Summary Ordinance City staff annually reviews the fee, rates and charges schedule and recommends changes. The Finance Department has reviewed these changes and incorporated them into the fee schedule for 2015. Staff recommended Council approve the ordinance authorizing the establishment of fees, rates and charges for 2015, and approve the summary ordinance for publication. Adoption of the Consent Agenda approved ORDINANCE 2014-469 ADOPTING THE 2015 CITY HUGO FEE SCHEDULE and the summary ordinance for publication. Approve Five -Year C.I.P. During the 2015 budget process the Finance Department presented the Council with various road projects and other capital expenditures for the years 2014 through 2018. Based on Council direction, staff has assembled a final document that identifies each project and corresponding revenue sources. Adoption of the Consent Agenda approved the Five -Year CIP as presented. Approve Appointment of Mike Miron for Vacancy of Council at Large Seat At its November 17, 2014 meeting, the Council accepted the resignation of Council Member at Large Tony Bronk and approved a resolution declaring a vacancy on the City Council. MN Statutes 412.02, Subd. 2a, requires this vacancy be filled by Council appointment until an election is held. On Tuesday, December 9, 2014, the Council interviewed nine applicants for the position. After discussion, Council found Mike Miron to be the best fit to fill the vacancy. Adoption of the Consent Agenda approved the appointment of Mike Miron to fill the vacancy for the Council at Large seat for the remainder of the term as set by State Statute. Approve Renewal of Terms for Planning Commissioners Corky Lessard and Chantell Knauss Staff has contacted Planning Commission Members Corky Lessard and Chantell Knauss regarding the expiration of their terms as Commissioners at the end of this year. Both have indicated their desire to be reappointed to the Planning Commission for another four-year term. Adoption of the Consent Agenda approved the reappointment of Commissioners Corky Lessard and Chantell Knauss for another four-year term on the Planning Commission to expire December 31, 2018. Hugo City Council Meeting Minutes for December 15, 2014 Page 5 of 11 Approve Renewal of Term for Board of Zoning Appeals and Adjustments Member Christian Boland Annually, the Council appoints a resident of Hugo to be a member of the Board of Zoning Appeals and Adjustments. Christian Boland is interested in serving another one-year term on the Board. Adoption of the Consent Agenda approved the reappointment of Christian Boland as a member on the Board of Zoning Appeals and Adjustments to expire December 31, 2015. Approve Renewal of Term for Parks Commissioner Mathew Rauschendorfer Staff has contacted Parks Commissioner Mathew Rauschendorfer and Joan Benner regarding the expiration of their terms as Commissioners at the end of this year. Mathew indicated his desire to be reappointed to the Parks Commission, and Joan Benner respectfully declined. Adoption of the Consent Agenda approved the reappointment of Commissioner Mathew Rauschendorfer for a three-year term to expire on December 31, 2017. Approve Advertisement for Vacancy on Parks Commission Commissioner Joan Benner's term on the Parks Commission expires on December 31, 2014, creating a vacancy on the Commission. Adoption of the Consent Agenda approved the advertisement for the vacancy. Approve Renewal of Term for Economic Development Authority Commissioner Joe Houle The term for EDA member Joe Houle expires on December 31, 2014, and he has indicated his willingness to serve another six-year term. Adoption of the Consent Agenda approved the reappointment of Joe Houle to serve another term on the EDA to expire on December 31, 2020. Approve Renewal of Terms for Historical Commissioners Kitty Cheesebrow and Kathy Brevi Historical Commissioners Kitty Cheesbrow and Kathy Brevig have terms that expire at the end of this year. Both Kitty and Kathy have indicated a desire to serve another term on the Historical Commission. Adoption of the Consent Agenda approved the reappointment of Kitty Cheesbrow and Kathy Brevig to the Historical Commission for another three-year term to expire December 31, 2017. Approve Annual Performance Review for Building Inspector Scott Baller Scott Baller was hired by the City as one of its new building inspectors on January 1, 2006. Over the past seven years, Scott has completed building inspector duties as well as provided coverage for the front counter. Adoption of the Consent Agenda approved the annual performance review for Building Inspector Scott Baller. Hugo City Council Meeting Minutes for December 15, 2014 Page 6 of 11 Approve Annual Performance Review for Planner Rachel Juba Rachel Juba was hired as the City's new Associate Planner on January 2, 2007 and promoted to Planner in 2010. Over the past eight years, Rachel has worked in the Community Development Department and provides support for the Economic Development Authority and Planning Commission. Adoption of the Consent Agenda approved the annual performance review for Planner Rachel Juba. Approve Annual Performance Review for PW Worker Ryan McCullough Ryan McCullough was hired on January 2, 2007 as the City of Hugo's new Public Works Maintenance Worker. Ryan has worked over the past eight years in a wide variety of the duties completed by the Public Works Department including snowplowing, landscape maintenance, sewer work, and water work. Adoption of the Consent Agenda approved the annual performance review for Public Works Maintenance Worker Ryan McCullough. Approve Assessment Agreement for Arcand Property In June, 1990, the Arcand property was assessed for the 130th Street road project. The assessed cost was $14,433.65 over 15 years at 9% interest. Since 1991, the property has been enrolled in the Green Acres Program, where the principal was deferred at an interest rate of 9%. Premier Bank has obtained interest in the property, and it no longer qualifies for the Green Acres Program. The accrued interest on the assessment for the past 25 years totals $33,173.32 and is due within 90 days. Scott Arcand is asking for relief from the interest portion of the assessment due to a hardship on the family that has inherited the property and was not aware of the assessment. Staff proposes recalculating the interest according to the terms of the original assessment at 9% for 15 years. Adoption of the Consent Agenda approved the Assessment Agreement for the Arcand property. Approve Resolution Approving Variance for Shoreland Setback for Construction of Home on Sunset Lake Gordon and Kathleen Gilde submitted an application requesting approval of two shoreland variances for a septic system and building for a vacant lot on Sunset Lake. At its December 4, 2014 meeting, the Board held a public hearing to consider the request and voted to recommended approval to the Council. Adoption of the Consent Agenda approved RESOLUTION 2014-47 APPROVING A VARIANCE TO ALLOW CONSTRUCTION OF A HOUSE AND SEPTIC SYSTEM WITHIN THE SHORELAND SETBACK REQUIREMENT OF SUNSET LAKE FOR THE PROPERTY GENERALLY LOCATED NORTH OF 122ND STREET AND EAST OF INGERSOLL AVENUE. Approve Resolution Approving Finding of Fact for Denial of Variance for Side Yard Setback for Construction of Home on Sunset Lake Gordon and Kathleen Gilde submitted an application requesting approval of a side yard setback variance for construction of a house for a vacant lot on Sunset Lake. At its December 4, 2014 Hugo City Council Meeting Minutes for December 15, 2014 Page 7 of 11 meeting, the Board considered and held a public hearing on the application request and voted to recommend denial of the variance request. Adoption of the Consent Agenda approved RESOLUTION 2014-48 APPROVING FINDINGS OF FACT DENYING A VARIANCE TO FOR A SIDE YARD SETBACK FOR A BUILDING AT THE PROPERTY GENERALLY LOCATED NORTH OF 122ND STREET AND EAST OF INGERSOLL AVENUE. Approve Final Pay Request to North Valley Contracting for 165th Street/Ingersoll Avenue Proiect The City of Hugo has received Final Pay Request No. 3 from North Valley Contracting for the 165th Street and Ingersoll Avenue mill and overlay project. City Engineer Jay Kennedy and Senior Engineering Technician Steve Duff have reviewed the final pay request and found it to be satisfactory for work completed on this project. Adoption of the Consent Agenda approved Final Pay Request No. 3 to North Valley Contracting in the amount of $79,345.41 for work completed to date on the 165th Street and Ingersoll Avenue mill and overlay project. Update on White Bear Lake Settlement Agreement A settlement agreement has been prepared for the lawsuit between the plaintiff White Bear Lake Restoration Association and the defendant the MN DNR. The White Bear Lake Homeowner' Association intervened on the side of the plaintiff, and the White Bear Township and City of White Bear intervened on the side of the defendant. The lawsuit alleges the DNR violated the MN Environmental Rights Act by allowing excessive pumping of ground water by municipalities, which has impacted the water levels of White Bear Lake. City Administrator Bryan Bear provided Council information on this settlement agreement stating that all parties have agreed to the terms, but the judge has not approved it yet. There are a number of terms but what could impact Hugo the most is the DNR's support of the Northeast Metro Project, which will supply river water to thirteen communities in two phases. Phase 1 will cost $155-230 million, and Phase 2 will cost $623 million. The City of Hugo is included in Phase 2. This project will require legislative approval. The City of White Bear Lake and White Bear Township have agreed to support it, but how it would be initiated is undetermined. If this project is not funded by the legislature, the lawsuit resumes. This settlement agreement has put the lawsuit on hold for three years. Bryan explained that operating the new water system will be expensive, and there will likely be the creation of something that would act as a new taxing district using Ground Water Management Area (GWMA) Districts. Costs will likely be allocated among communities in the north and east GWMA. He further explained that the DNR will set a protective elevation for WBL, which could impact wells and appropriation permits. Also in the agreement is a requirement to reduce water usage by 17%, and Bryan explained how Hugo has already implemented many conservation measures. Bryan spoke of other less significant terms of the agreement stating that nothing guarantees that higher lake water levels will return. He noted that the USGS's and Met Council's studies should be completed within 3 years. The Council discussed their disapproval of this plan for many reasons. It is not clear that ground water usage has effected the lake, but the Met Council's goal is to move from using ground water Hugo City Council Meeting Minutes for December 15, 2014 Page 8 of 11 to surface water. Cities that continue to use groundwater will be paying for cities who use surface water. Hugo may not be using the system, but will be paying into it. There were concerns about the plaintiff's and the Met Council's authority. Also, the project would send water from Hugo downstream just to be returned to Hugo, and other options need to be looked at where Hugo could be independent and self-reliant on water. Mayor Weidt noted that Hugo has been working on water conservation and even brought a plan to legislature for a program to reuse storm water, but it did not get the funding. The Council talked about the lack of common sense in the settlement agreement and hopes the legislature will not fund it. Legal fees could be better spent in other areas. The Council agreed that the City needs to keep moving forward on water conservation methods. Haas made motion, Klein seconded, to continue staff involvement and leadership in the Ground Water Management Area, work with legislators to address issues presented by the settlement agreement, encourage regulating authorities to use a more common sense approach to the use of surface water, and schedule a workshop with neighboring cities who may be in a similar situation as Hugo. All ayes. Motion carried. Update on Bald Eagle Dam Replacement City Engineer Jay Kennedy provided an update on construction plans and funding sources for the replacement of the dam at the north end of Bald Eagle Lake. Jay explained that the MN DNR agreement has been approved to access Dam Safety Funds. The RCWD funding agreement was approved on December 10, 2014 by the Board to add this project to their capital improvement plan. This item is on the St. Paul Water SPRWS Board agenda for consideration in Jan/Feb to provide some funding. Total estimated cost is $638,000. MNDOT bridge funds will provide $252,000; $160,000 will come from the DNR Dam Safety Fund; and $226,000 will be equally divided between the RCWD and City of Hugo. Next steps are to finalize the permits and plans, accept bids in Jan/Feb, and begin construction in late summer or early fall/winter of 2015. Update on the Rice Lake Meadows Neighborhood Meeting A neighborhood meeting was held on December 8, 2014 to discuss a proposed roadway improvement project. Items discussed were improvements to traffic speeds, sidewalk connections, project financing and assessments, and the potential schedule for improvements. Klein made motion, Petryk seconded, to move forward with the feasibility study including options to address traffic speeds and sidewalk options. All Ayes. Motion carried. Hugo City Council Meeting Minutes for December 15, 2014 Page 9 of 11 Approval of CUP for Additional Animal Units at 17260 Ingersoll Avenue North Cindy Bellamy and Shirley Smith have submitted an application for a Conditional Use Permit (CUP) to allow double the amount of animal units allowed on property. The applicant is requesting to have 14 horses on the property where seven are allowed by ordinance. The ordinance allows double the amount of animal units with a CUP and an approved facilities and waste management plan. At its December 4, 2014 meeting, the Planning Commission held a public hearing and recommended Council approve the CUP application with a vote of 4-2. Two residents spoke in opposition of the issuance of the CUP citing mismanagement of manure, drainage onto other properties, and excessive number of horses. Planner Rachel Juba presented the application to the Council. She explained that this was initially brought to the City's attention as a complaint on the management of the animal waste, drainage onto neighboring property, and the excessive number of horses on the property. Staff inspected the property and found there were violations and provided the applicant with a letter outlining them and requesting compliance. Staff met on site with the property owner on several occasions and made contact with the Minnesota Pollution Control Agency (PCA) to ensure all State regulations in regard to feedlots and manure stockpiling are being met. The applicant has been working with staff and the PCA to correct the violations and to comply with City ordinance and State standards. The PCA has issued the applicant a letter of compliance, and staff is comfortable with the management plan as submitted. Rachel reviewed with Council the criteria for approval of a CUP and stated that the application meets all the requirements. Property owner Cindy Bellamy stated that her horses have been on the property for 18 years, and she thought her property was in compliance. She said she is addressing the manure issue, and she explained that part of it is used for spreading on her property and the rest is taken elsewhere. She said she is now familiar with the rules and has no problem complying. Vince Niemczyk, 17233 Henna Avenue North, stated he has no problem with horses but is concerned about the water in the ditch that runs into Judicial Ditch 2. He also asked if a contractual agreement should be required to spread manure on another's property. June Young, 17396 Ingersoll Avenue North, asked Council to consider six horses on the property. She said she has not seen the manure removed, just moved. Her main concern is manure runoff into the water. Larry Keck, 17376 Ingersoll Avenue North, stated that the culvert is on his property, and if the culvert is moved, runoff will still go onto his land no matter where they put it. He said that no manure has been removed from the property, and that he had a survey showing that wetlands have been filled. He talked about another complaint in 2004 that was resolved by getting grazing rights on other properties. He said he didn't think a CUP was needed to regulate her; she has 9.1 acres and should only have six horse regardless of whether she has the CUP. He also said that she is still regulated as a feedlot, and it is not 100 feet from his wetland, so it is in violation. The Council discussed the wetlands, elevations of the paddocks, lack of complete compliance, Hugo City Council Meeting Minutes for December 15, 2014 Page 10 of 11 and ability to keep up the maintenance. It was also noted that Hugo is a horse community, but there was some concern over the number of animals being requested. The applicant talked about the breakdown of manure. The Council noted that Cindy has been making progress, and Cindy had stated she is okay with reducing the number of horses over time. Weidt stated he would like to give the applicant an opportunity to create a plan to reduce the number of horses to around ten. He also asked staff to check elevations of all paddocks to ensure all manure has been removed and to work with the applicant to create a plan to keep them in compliance of removing all but 25% of the manure from the property. He also asked that the culvert be evaluated to determine if it will work properly. Weidt made motion, Haas seconded, to table until the next scheduled Council meeting to allow staff to work with applicant on the items discussed. Ayes: Klein, Petryk, Weidt Nays: Haas Motion carried. Discussion on Fiona Avenue/125th Street Speed Limits The Council considered a letter from resident Mike Gallivan, 12493 Forest Boulevard, submitted on behalf of neighbors regarding the current speed limit on Fiona Avenue and 125th Street. The residents are requesting the limit be reduced to 30-35 mph citing it as a safety issue. Weidt made motion, Petryk, to direct staff to look into the matter and return with a recommendation to Council. All Ayes. Motion carried. Schwieters Open House on Thursday, December 18, 2014 Schwieters Company has invited the Council to attend their Open House scheduled for Thursday, December 18, 2014 from 11:00 a.m. — 3:00 p.m. Schwieters is located at 13875 Fenway Boulevard North. The Council has scheduled this as a meeting. Warm Hearts for Charity Event on Saturday, January 17, 2015 The Hugo Area Business Association will hold their annual Warm Hearts for Charity Event at the Hugo American Legion on Saturday, January 17, 2015 from 5-8 p.m. Proceeds from this event help support American Diabetes, Alzheimer's, Autism Research, Good Neighbors Food Shelf, Hugo Lions, and other charities. Haas made motion, Petryk seconded, to schedule a meeting to attend the Warm Hearts for Charity Event on Saturday, January 17, 2015. All Ayes. Motion carried. Hugo City Council Meeting Minutes for December 15, 2014 Page 11 of 11 Adjournment Klein made motion, Haas seconded, to adjourn at 10:00 p.m. All Ayes. Motion carried. Respectfully Submitted, Michele Lindau City Clerk