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HomeMy WebLinkAbout2006.12.18 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF DECEMBER 18, 2006 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, Assistant City Attorney Nick Vivian, City Engineer Jay Kennedy, Finance Director Ron Otkin, and City Clerk Mary Ann Creager APPROVE MINUTES FOR CITY COUNCIL MEETING OF DECEMBER 4, 2006 Haas made motion, Petryk seconded, to approve the minutes for the December 4, 2006 meeting as presented. All aye. Motion Carried. APPROVAL OF AGENDA Add F.1 - Presentation of Check from District Memorial Hospital (Mike Perreault) Miron made motion, Haas seconded, to approve the agenda for December 18, 2006 as amended. All aye. Motion Carried. CONSENT AGENDA Haas made motion, Petryk seconded, to approve the following Consent Agenda: Approval of Claims Approve Resolution for Renewal of 2007 On -Sale Liquor Licenses and Related Licenses Approve Renewal of 2007 Refuse Hauler Licenses Approve Change in City Council January 2007 Meeting Dates Approve Resolution Certifying Delinquent Utility Accounts Approve Amendment to Personnel Policy for FMLA Act Approve MnDNR Grant for Hugo Fire Department Approve Charitable Gambling License at Hugo American Legion (WBL Girls' Fast pitch Assn) Approve Resignation of Parks and Recreation Commissioner Charles Kirk Approve Resolution Establishing 2007 City Employee Salaries Approve Ordinance Establishing 2007 Fee Schedule All aye. Motion Carried. APPROVAL OF CLAIMS Adoption of the Consent Agenda approved the claims roster for December 18, 2006 as presented. APPROVE RESOLUTION FOR RENEWAL OF 2007 ON -SALE LIOUOR LICENSES AND RELATED LICENSES Each year, the City Clerk's office prepares application packets for businesses seeking the renewal of on- City Council meeting of December 18, 2006 Page 2 sale liquor licenses and tobacco licenses. Staff has prepared the annual renewal list, which includes certificates of liability insurance, payment of all required fees and taxes, and completion of application materials. Adoption of the Consent Agenda adopted Resolution 2006-69 approving the annual renewal for the 2007 on -sale liquor licenses and related licenses, subject to payment of all requested fees, taxes, and certificates of liquor liability insurance. APPROVE 2007 LICENSE RENEWALS FOR REFUSE HAULERS The City has seven refuse haulers, who provide refuse collection and recycling services. The haulers are: Maroney's Sanitation; DoAll Service; Ace Solid Waste; MN Waste Management; SRC, Inc.; Gene's Disposal; and BFI Waste Services. City staff received renewal applications from all seven haulers, and they have paid their annual fee of $165. Adoption of the Consent Agenda approved the issuance of 2007 refuse haulers licenses to: Maroney's Sanitation; DoAll Service; Ace Solid Waste; MN Waste Management; SRC, Inc.; Gene's Disposal; and BFI Waste Services. APPROVE CHANGE IN JANUARY 2007 CITY COUNCIL MEETING DATES Both the first and second regular meeting dates in January 2007 fall on federal holidays that the City observes. Adoption of the Consent Agenda approved the change in meeting dates for the first and second regular meetings of the month to the next Tuesday, which is January 2, 2007 and January 16, 2007. 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 in order that they are placed on the property tax statements for collection. Property owners, who have not paid their outstanding utility bill, must have it certified to the property tax rolls. Adoption of the Consent Agenda adopted Resolution 2006-70 certifying delinquent utility bills for placement on property tax statements APPROVE AMENDMENT TO PERSONNEL POLICY FOR FMLA ACT After reviewing the City's personnel policy, staff determined that an amendment is necessary to cover City employees under the Family Medical Leave Act (FMLA), which allows employees unpaid leave time for a variety of non -work related illnesses. City staff prepared an amendment, which has been reviewed by City Attorney Dave Snyder, and is consistent with the League of Minnesota Cities personnel policy, reflecting cities with employees of more than 50. Adoption of the Consent Agenda approved the amendment to the City's personnel policy with a FMLA reflected in federal law. APPROVE MNDNR GRANT FOR HUGO FIRE DEPARTMENT Annually, the HFD submits an application to the MnDNR for a forestry grant, which allows the department to purchase equipment for fighting fires in rural Hugo. Fire Chief Jim Compton is pleased to announce that the HFD has received a $1,000 grant from MnDNR for 2007. Adoption of the Consent Agenda approved the MnDNR grant in the amount of $1,000 to allow the HFD to purchase the fire City Council meeting of December 18, 2006 Page 3 fighting equipment to serve rural Hugo. APPROVE CHARITABLE GAMBLING LICENSE AT HUGO AMERICAN LEGION (WBL GIRLS' FAST PITCH ASSOCIATION) The WBL Girls' Fast Pitch Association applied for a charitable gambling license for approval of pull tab and raffle activities at the Hugo American Legion. City staff reviewed the application and found it to be satisfactorily complete. Adoption of the Consent Agenda approved the charitable gambling license for the WBL Girls' Fast Pitch Association allowing it to conduct pull tab and raffle activities at the Hugo American Legion. APPROVE RESIGNATION OF PARKS AND RECREATION COMMISSIONERS CHARLES KIRK Charles Kirk was appointed to the Parks and Recreation Commission in 2003. For the past three years, Charles has been an active and involved parks commissioner working toward the construction of new parks. Unfortunately, his work obligations have changed and he has submitted a letter of resignation to the City at his position on the Parks and Recreation Commission. Adoption of the Consent Agenda approved the resignation of Charles Kirk from the Parks and Recreation Commission and authorized staff to advertise for the vacancy. APPROVE RESOLUTION ESTABLISHING 2007 CITY EMPLOYEE SALARIES At its October 3, 2006 budget workshop, Council agreed with the proposed 2007 City budget and recommendations for City salaries, with an overall target increase of less than 5%. Finance Director Ron Otkin and City Administrator Mike Ericson prepared the proposed 2007 City wages and salaries, which reflect an overall increase of 4.9%. Adoption of the Consent Agenda approved Resolution 2006-71 approving the 2007 City employee wages and salaries schedule as presented. APPROVE ORDINANCE ESTABLISHING 2007 CITY FEE SCHEDULE Each year in December, Council, upon recommendation from the finance department, adopts a new fee schedule that incorporates any necessary adjustment in fees for the upcoming year. Finance Director Ron Otkin worked with City staff to make adjustments to the 2007 City fee schedule. Adoption of the Consent Agenda adopted Ordinance 2006406 adopting the 2007 City fee schedule. APPROVE RESOLUTIONS ADOPTING 2007 CITY BUDGET AND CITY TAX LEVY At the December 4, 2006 Truth in Taxation hearing, Council directed the Finance Department to find additional adjustments to the budget and tax levy to further cushion the tax impact on residents brought about by increasing property market values. Staff thoroughly reviewed the budget and identified approximately $83,500 in adjustments, of which $41,180 is directed toward tax reduction, resulting in a 2% reduction in the urban tax rate to 35.111% of tax capacity. The remaining $42,320 in budget reductions will be directed to general fund reserves. Staff feels that the final budget document accurately reflects the true cost of operations; as such, staff recommends adoption of the 2007 budget and tax levy resolutions. City Council meeting of December 18, 2006 Page 4 Miron made motion, Granger seconded, to adopt RESOLUTION 2006-72 APPROVING THE GENERAL FUND BUDGET FOR THE 2007 FISCAL YEAR IN THE AMOUNT OF $3,625,575. VOTING AYE: Granger, Haas, Petryk, Puleo, Miron Motion Carried. Granger made motion, Haas seconded, to adopt RESOLUTION 2006-73 APPROVING FINAL TAX LEVY PAYABLE IN 2007 IN THE AMOUNT OF $4,652,080. VOTING AYE: Granger, Haas, Petryk, Puleo, Miron Motion Carried. APPROVE FINAL PLAT FOR SUNSET SHORES BENCHMARK PROPERTIES) On August 7, 2006, the City Council approved a preliminary plat and conditional use permit for "Sunset Shores", a rural preservation plat. The approval allowed a total of 39 lots on this 142.74 -acre parcel. The applicant is now requesting approval of the final plat and development contract for 39 lots. The Minnesota Land Trust Board of Directors reviewed the conservation easement at their November 30, 2006 meeting and approved the conservation easement. This item was tabled at the Council's December 4, 2006 meeting and staff was directed to explore the extension of a right-of-way easement from the cul- de-sac's road to 125' Street. City Engineer Jay Kennedy presented Council with the engineering analysis of this feasibility and Council determined that the proposed connection would not be beneficial. Petryk made motion, Haas seconded, to adopt RESOLUTION 2006-74 APPROVING THE FINAL PLAT AND DEVELOPMENT AGREEMENT FOR SUNSET SHORES. VOTING AYE: Granger, Haas, Petryk, Puleo, Miron Motion Carried. REVIEW CONCEPT PLAN FOR ONEKA SQUARE AT THE INTERSECTION OF 120TH STREET AND TH61 At its June 5, 2006 meeting, Council listened to a presentation from developers Terry Thompson and Jason Brown regarding the land located at the north east corner of TH61 and 120'h Street. A concept plan known as Oneka Square was presented to Council with a request for comments as to the site plan and location of access roads on to TH61. Due to time constraints, the developers did not have an ample amount of time to get Council feedback. They have requested time again on the Council agenda for an opportunity to present their concept plan and to request comment from Council as to the site design and layout. CD Director Bryan Bear provided Council with a PowerPoint site plan of the proposal. After discussion, Council provided developers with the following comments/concerns: save as many trees as possible; possibility of reversing building and parking; landscape buffer for parking lot; more creative building architecture; and feasibility of proposed road location for access/egress to 120' Street. Any and all comments from Council are considered informational only. City Council meeting of December 18, 2006 Page 5 DISCUSSION ON 2008 CITY OF HUGO COMPREHENSIVE PLAN CD Director Bryan Bear presented Council with the components and scheduled plan for the City of Hugo's comprehensive plan updates, as required by the Metropolitan Council by 2008. Council emphasized the need to have public input in this new plan. Granger made motion, Haas seconded, to approve the outline for implementation of the City's new Comprehensive Plan and accept the recommendation of CD Director Bryan Bear to complete the process. All aye. Motion Carried. Miron made motion, Granger seconded, to schedule a joint meeting of the City Council, Planning Commission, and Park Commission for January 25, 2007 at 7:00 pm, to discuss implementation of the City's new Comprehensive Plan. All aye. Motion Carried. REPORT ON NEIGHBORHOOD MEETING ON 129TH STREET P.I. PROJECT At its December 4, 2006 meeting, Council listened to a presentation from City Engineer Jay Kennedy regarding the proposed 129' Street public improvement project. Jay informed Council that due to poor soils, an innovative pipe design was proposed to the property owners, which would allow the extension of municipal services into the area immediately adjacent to 129' Street and Bald Eagle Lake. Jay reported that he would need to hold a neighborhood meeting in order to properly inform, and get feedback from, adjacent property owners. On December 14, 2006, City staff held a meeting with neighbors regarding the project and City Engineer Jay Kennedy provided Council with the outcome from the meeting. Residents requested that Council consider offering them a five-year "grace period" in which to connect to City sewer and Council agreed to consider requests on a case-by-case basis. Any easements that were previously secured for this proposed project would be vacated by Council. No formal Council action was taken. DISCUSSION ON TERM OF JIM LEROUX ON RCWD BOARD OF MANAGERS AND SELECTION OF REPLACEMENT The City was informed by Washington County that the term of Jim Leroux on the RCWD Board of Managers will expire on January 17, 2007. City staff has been informed by Manager Leroux that he will retire from his work on the Board, which has created a vacancy. The manager position is appointed by Washington County with a recommendation list from Hugo. Currently, three Hugo residents serve on the RCWD water advisory committee, John Waller, Vince Niemczyk, and Dave Schumann. All have been informed of the pending vacancy and Dave Schumann and John Waller have expressed their interest in serving on the Board. Consistent with Washington County policy, the Hugo City Council must submit a list of any and all names of residents interested in serving on the Board, with final appointment by the Washington County Board. City Council meeting of December 18, 2006 Page 6 Miron made motion, Granger seconded, that a letter be sent to the Washington County Board recommending the appointment of either Dave Schumann or John Waller to the RCWD Board of Managers. VOTING AYE: Granger, Petryk, Puleo, Miron VOTING NAY: Haas Motion Carred. SCHEDULE INTERVIEWS FOR VACANCIES ON PARKS & RECREATION COMMISSION At its December 4, 2006 meeting, Council tabled the scheduling of interviews for the vacancy on the Parks and Recreation Commission. Subsequent to the meeting, staff received a resignation from Charles Kirk from the Commission, which was formally accepted by Council as part of the Consent Agenda. Staff received a total of three applications for the newly -created two vacancy positions on the Parks & Recreation Commission. Miron made motion, Haas seconded, to schedule a special Council meeting for January 8, 2007, 7:00 pm, to conduct interviews for Parks Commission vacancies. All aye. Motion Carried. SCHEDULE MEETING DATE WITH MET COUNCIL REGARDING RURAL AND OPEN SPACE PRESERVATION ORDINANCE At its November 6, 2006 meeting, Council listened to a report from CD Director Bryan Bear as he explained that he was successful in scheduling a meeting with representatives from Met Council and the Hugo Planning Commission and City Council to discuss the City's rural and open space preservation ordinance. Bryan further explained that Met Council has a rural preservation committee currently working on issues relevant to the City of Hugo, but when its work will be finished is unknown. Bryan suggested a meeting be held even though the Met Council's work has not been finalized. Miron made motion, Haas seconded, to schedule a joint City Council and Planning Commission with Met Council representatives on February 1, 2007 at 7:00 pm, to discuss the City's rural and open space preservation ordinance. All aye. Motion Carried. DISCUSSION ON 2007 BOARD OF ZONING APPEALS APPOINTMENTS CD Director Bryan Bear has been informed by all three members of the 2006 Board of Zoning Appeals that they are not seeking reappointment in 2007 as members of the Board. Members Dave Schumann, Frank Puleo and Bernie Brunotte have stated that they will not be seeking reappointment to the Board in 2007. Council member Puleo requested staff provide further guidance to revamping existing criteria regulating the Board Granger made motion, Puleo seconded, to table until the Council meeting of January 2, 2007. All aye. Motion Carried. City Council meeting of December 18, 2006 Page 7 DISCUSSION ON EXPIRATION OF TERMS AND REAPPOINTMENT OF PLANNING COMMISSIONERS DAVE SCHUMANN AND VICTORIA HOFFBECK On December 31, 2006, the terms of Planning Commissioners Dave Schumann and Victoria Hoffbeck will expire. Both members of the Planning Commission have informed staff that they are interested in reappointment. At its December 4, 2006 meeting, Council was informed by City staff that they should complete the evaluation forms for the two planning commissioners, as per the City's commission reappointment policy, and return it to City staff for the compilation of the evaluation data. Assistant City Attorney Nick Vivian informed Council that it would not be permitted to engage in any discussion of the individual's personnel file or the performance evaluation, as per Data Practice law under Minnesota Statute. City staff recommended that Dave Schumann be reappointed to a four-year term on the Planning Commission. Puleo made motion, Granger seconded, to accept staff recommendation and reappoint Dave Schumann to an additional four-year term on the Planning Commission. All aye. Motion Carried. City staff recommended that Victoria Hoffbeck not be reappointed to another term on the Planning Commission. Petryk made motion, Puleo seconded, to accept staff recommendation and not reappoint Victoria Hoffbeck to another term on the Planning Commission and advertise for the vacancy. All aye. Motion Carried. DISCUSSION ON RECLAMATION PLAN FOR HANSEN GRAVEL PIT At its July 17, 2006 meeting, Council discussed the operation of the Hansen gravel pit and directed City staff to explore the legal standing under which the Hansen gravel pit operated under Valley Paving Company, and whether the reclamation plan completed as part of the company's conditional use permit and directive ordered by the court in the lawsuit against the paving company. City staff had discussions with attorneys representing both the Hansen family and Richard Carron, and was recently provided a proposed reclamation plan from Richard Carron and the Valley Paving Company and was provided to Council for its consideration. CD Director Bryan Bear provided a visual history of the site and recommended Council not accept the reclamation plan for the Hansen gravel pit as presented. Mr. Carron and his representative Kiersten Pauly, civil engineer from Sunde Engineering, addressed Council stating that they were unclear as to what the Council was requesting. Granger made motion, Haas seconded, to adopt RESOLUTION 2006-75 APPROVING FINDINGS OF FACT DENYING THE REQUEST FOR APPROVAL OF A RECLAMATION PLAN FOR RICHARDCARRON ON PROPERTY LOCATED AT 14420 IRISH AVENUE NORTH. VOTING AYE: Granger, Haas, Petryk, Puleo, Miron Motion Carried. City Council meeting of December 18, 2006 Page 8 DISCUSSION ON CITY AS PROVIDER OF LOCAL GOVERNING UNIT SERVICES (LGU) In 2004, as part of discussions with the RCWD Board of Managers, the City of Hugo formally adopted a resolution and took over local control of the responsibility for oversight of the City's storm water management plan. This local governing unit (LGU) responsibility was one that Council agreed to take over in order to better streamline the processing of development applications with a "one -stop -shop" delivery of municipal services. In addition, taking over as the enforcer of the wetland violations has been an overwhelming responsibility for the City for the past two years. As part of the budget review process, Mayor Fran Miron and Council member Mike Granger requested that Council consider the review of the LGU services and the amount of time and budget dollars that are used to properly staff the program. City staff requested direction from Council as to its interest in having the City of Hugo continue as the provider of LGU services to the City of Hugo. Miron made motion, Petryk seconded, to direct City staff to complete a formal review of the LGU Services provided by the City, including staff time and expenditure of funds. All aye. Motion Carried. DISCUSSION ON PARKS COMMISSIONER TERMS AND SERVICES In 1988, when the Parks and Recreation Commission was first formed, terms of services were set with a deadline of March 3151 as the time of year for commissioner terms to expire. Over the past several years, PW Director Chris Petree and City Administrator Mike Ericson reviewed the terms of service and discussed whether it should be in concert with the terms of service for other commissions in the City. With the recent resignation of two parks commissioners, and the timing in bringing in new commission members on board, staff determined that Council should consider changing the term of service and expiration on December 3151 of the respective year. Petryk made motion, Granger seconded, authorizing an amendment to City ordinance thereby revising and setting the terms of service for the Parks and Recreation Commission to December 31 of each respective year. All aye. Motion Carried. LETTER TO CITY OF WHITE BEAR LAKE ON MCES PROJECT Haas made motion, Miron seconded, that the City of Hugo submit a letter of thanks to the City of White Bear Lake in appreciation and support for the MCES sanitary sewer project, which will benefit the cities of Hugo and Forest Lake for decades. All aye. Motion Carried. REPORT FROM CODE ENFORCEMENT SUBCOMMITTEE For the past several months, the Code Enforcement Subcommittee has been meeting to discuss revisions to the City's public nuisance ordinance. CD Development Director Bryan Bear and CD Development City Council meeting of December 18, 2006 Page 9 Intern Rachel Simone have staffed the committee and provided the necessary research on a variety of public nuisance issues discussed by the subcommittee. The subcommittee consists of Becky Petryk, Frank Puleo, Bob Rosenquist, Tom Weidt, and Kelly Bailly. Bryan will report to Council the work completed to date on the issues related to code enforcement, specifically, the storing of recreational vehicles on private property, and committee members will provide an update of their accomplishments so far. Petryk made motion, Haas seconded, to table this matter until the Council meeting of January 2, 2007. All aye. Motion Carried. ADJOURNMENT Petryk made motion, Haas seconded, to adjourn at 10:00 pm. All aye. Motion Carried. "�G G.. Mary A" Creager City erk