MINUTES FOR THE CITY COUNCIL MEETING OF TUESDAY, FEBRUARY 17, 2009

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1 MINUTES FOR THE CITY COUNCIL MEETING OF TUESDAY, FEBRUARY 17, 2009 Mayor Fran Miron called the meeting to order at 7:00 p.m. PRESENT: Haas, Klein, Petryk, Weidt, Miron ABSENT: None ALSO PRESENT: City Administrator Mike Ericson, Community Development Director Bryan Bear, City Engineer Jay Kennedy (arrived at 8:20), Assistant City Attorney Cameron Kelly, Assistant City Engineer Diane Hankee, Project Engineer Jamie Wallerstedt, Public Works Director Scott Anderson, and City Clerk Michele Lindau Approval of Minutes for City Council Meeting of February 2, 2009 Weidt made motion, Klein seconded, to approve the minutes for February 2, 2009 as presented. Approval of Minutes for 147 th & 130 th Street and TH61 Neighborhood Meeting February 9, 2009 Weidt made motion, Petryk seconded, to approve the minutes for the February 9, 2009 Neighborhood Meeting as presented. Approval of the Agenda Miron made motion, Petryk seconded, to approved the agenda as amended: Add: K.1 Update on February 16 th Hearing at the State Capital K.2 Discussion on CSAH 8 East Recognition of Darrell Granger for Public Service to the City of Hugo Long-time Hugo resident Darrell Granger passed away on Friday, February 6, 2009 at the age of 71. Darrell was a long-time business owner of Granger Auto Body and community leader who was a member of the Hugo Lions Club and helped create the Hugo Good Neighbor Days. Darrell served for over 20 years in multiple capacities with the Fire Department including as a firefighter and as a member of the Fire Relief Association. Darrel was a very valuable member of the community and will be deeply missed by all who knew him. Mayor Miron, who attended Darrell s wake and funeral, said the church was at full capacity, which was a tribute to Darrell s character. Mayor Miron requested a moment of silence in remembrance of Darrell Granger and recognition of his many years of public service to the citizens of the City of Hugo.

2 Page 2 of 7 Approval of Consent Agenda Weidt made motion, Klein seconded, to approve the following Consent Agenda: Approval of Claims Approve Revision to Firefighter Job Description Approve Lawful Gambling Permit from MN Waterfowl Association for Banquet on March 26, 2009 at the Hugo American Legion Approve 2009 City Focus Goals Approval of Claims Klein questioned the claim for Hendricksen PSG. City Administrator Mike Ericson explained this item was for office furniture for the new Senior Engineering Technician who offices out of the Public Works Building, not City Hall. Adoption of the Consent Agenda approved the claims roster as presented. Approve Revision to Firefighter Job Description At its January 20, 2009 meeting, the Hugo City Council approved the revisions to the Hugo Fire Department SOG and the Firefighter s job description. Three words were inadvertently left out of the job descriptions and they have been inserted and recommend for approval by Fire Chief Jim Compton. Adoption of the Consent Agenda approved the revision to the Hugo Firefighter s job description as presented. Approve Lawful Gambling Permit from MN Waterfowl Association for Banquet on March 26, 2009 at the Hugo American Legion The City of Hugo has received an application for a lawful gambling permit from the MN Waterfowl Association for its March 26, 2009 Annual Banquet which will be held at the Hugo American Legion. City staff has reviewed the application and found it to be satisfactorily complete. Adoption of the Consent Agenda approved the lawful gambling permit for the MN Waterfowl Association for its Annual Banquet which will be held on March 26, 2009 at the Hugo American Legion. Approve 2009 City Focus Goals On February 3, 2009, the Hugo City Council held its annual Goal Setting Session with City staff. A review of the 2008 City Focus Goals was completed by staff along with an introduction of the 2009 goals set by the City s respective commissions including the Hugo Fire Department. After discussion, Council directed staff to compile final revisions to the 2009 City Focus Goals along with the ongoing priorities including a completion date, and submit it to the Council at its next regularly scheduled meeting for approval. Adoption of the Consent Agenda approved the 2009 City Focus Goals as presented. Discussion on Hunting in City Parks This item was tabled by the Council at its February 2, 2009 meeting due to lack of time. At its January 14, 2008 meeting, the Parks and Recreation Commission discussed the issue of hunting in City Parks. Specifically, Commission members were split on whether to continue supporting the City s current

3 Page 3 of 7 ordinance, which prohibits the discharge of firearms but does not specifically include the discharge of archery equipment. The Parks and Recreation Commission had passed a motion requesting the City Council to form a sub-committee made up of members from the City Council, Planning Commission and Parks and Recreation Commission to review the current ordinance and recommend any changes necessary. Public Works Director Scott Anderson explained this issue was brought forward by a resident concerned about her safety while walking in a City park where archery hunting was allowed. Jim Taylor and Roger Clarke, both from the Parks and Recreation Commission, explained that some commissioners were worried about public safety, with the issue of the Rice Lake Park being more complex because it bordered the Paul Hugo Farms Wildlife Management Area. Mayor Miron stated the issue of hunting on the north end of Bald Eagle Lake also needed to be addressed. Miron made motion, Haas seconded, to form a subcommittee to review hunting regulations in Hugo consisting of Roger Clarke and Rachel Berger from the Parks Commission, City Council members Chuck Haas and Becky Petryk, one or two members from the Planning Commission, and one or two community members. Parks and Recreation Commission Recommendation for Washington County Regional Rail Authority to Abandon Railroad Line from 140th Street to 146 th Street This item had been tabled by the Council at its February 2, 2009 meeting due to lack of time At its October 8, 2008 meeting, the Parks and Recreation Commission discussed the need to extend the Hardwood Creek Trail south along the west side of Highway 61 to 140 th Street. Commission members agreed that, due to the high use of the trail and need to connect the trial to the trail system in the Bald Eagle Industrial Park, the City of Hugo should make an official request to the Washington County Regional Authority which maintains control and jurisdiction over the 100-foot right-of-way easement in which the railroad tracks are currently installed. Parks and Recreation Commission Chairman Roger Clark noted that a trail connecting to the intersection of 140 th Street and Highway 61 would provide a safer crossing of Highway 61 at the traffic signal at that intersection. Miron said he has spoke to John Gohmann, owner of MN Commercial Railway, who indicated his willingness to work with the City on the rail abandonment but not provide funding. Weidt made motion, Klein seconded, to forward on a formal request to the Washington County Regional Railroad Authority as recommended by the Parks Commission and look into the issue of abandonment of the railroad tracks. Discussion on February 4, 2009 Bid Opening for 2009 Street Reconstruction Project On Wednesday, February 4, 2009, the City of Hugo held its bid opening for the City s 2009 street reconstruction project. City Engineer Jay Kennedy, Public Works Director Scott Anderson, and Senior Engineering Technician Steve Duff were present and opened bids for the project. The City of Hugo was very pleased with a total of 17 contractors bidding on the project. City Engineer Jay Kennedy has completed the bid tabulation with the apparent low bidder of Arcon Construction Company, Inc. with total bid of $1,285, WSB Assistant City Engineer Diane Hankee presented the bid information, and discussed with Council the award of the contract and the timing of the assessment hearing for the project.

4 Page 4 of 7 Haas made motion, Petryk seconded, to award the bid to Arcon Construction Company, Inc. with a total bid of $1,285, Ayes: Klein, Haas, Weidt, Petryk, Miron Nays: None Motion carried. Haas made motion, Petryk seconded, to approve RESOLUTION NO CALLING FOR THE PUBLIC HEARING ON THE PROPOSED ASSESSMENT FOR THE FONDANT AVE., FOXHILL AVE., FRANCESCA AVE., FREELAND AVE., GENEVA AVE., LOWER 147TH STREET N., 148TH STREET N., 150TH STREET N., ROADWAY, DRAINAGE, AND UTILITY IMPROVEMENTS. Ayes: Haas, Weidt, Petryk, Klein, Miron Nay: None Motion carried. Haas made motion, Petryk seconded, to approve RESOLUTION NO DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENTS FOR THE FONDANT AVE., FOXHILL AVE., FRANCESCA AVE., FREELAND AVE., GENEVA AVE., LOWER 147TH STREET N., 148TH STREET N., 150TH STREET N., ROADWAY, DRAINAGE, AND UTILITY IMPROVEMENTS Ayes: Weidt, Petryk, Klein, Haas, Miron Nay: None Motion carried. Report on February 9, 2009 Neighborhood Meeting for TH61/147 th & 130 th Intersections Improvements Miron made motion, Haas seconded, to delay action on this item until City Engineer Jay Kennedy arrived. Discussion on Proposed Revisions to City SAC/WAC Charges The EDA made a recommendation to the Hugo City Council last year that the City implement a new policy regarding its utility connection fees. The policy would include establishing a trunk utility connection fee, which would allow for a portion of the fees to be collected earlier in the development process. Jamie Wallerstedt from WSB & Associates provided background on the issue explaining end users were concerned about the amount of utility connection fees they were being charged with the building permit. Jamie provided several options as recommended by the EDA for modifying the current policy. She provided examples of alternative connection fees options showing calculations of residential and commercial development and comparisons to the neighboring communities of Forest Lake and Lino Lakes. The Hugo EDA discussed this issue last year and shared concern that the City may be at a disadvantage to attract new businesses.

5 Page 5 of 7 Haas made motion, Klein seconded, to direct staff to prepare a fee justification report, based on the EDA recommendation, to show a revised fee structure that would be in accordance with state statute. Report on February 9, 2009 Neighborhood Meeting for TH61/147 th & 130 th Intersections Improvements This item was delayed earlier this meeting. On Monday, February 9, 2009, a neighborhood open house was held at Hugo City Hall for residents interested in improvements to the TH61 and 130 th Street, and the TH61 and 147 th Street intersections. City engineering staff and Hugo City Council members were in attendance to discuss with residents the proposed improvements for the intersections which include state funding from Mn/DOT. City Engineer Jay Kennedy explained the meeting was attend by approximately 40 residents with their main concerns being the traffic signal at 130 th and Highway 61, speed limit on Highway 61 north of 147 th Street, and whether there would be assessments to help fund the project. Weidt made motion, Klein seconded, to direct staff to research funding mechanisms for a traffic control light at the intersection of 130 th Street and Highway 61, and to apply to Mn/DOT for approval. Miron made motion, Weidt seconded, to coordinate with Mn/DOT the timing of a request for a speed study on Highway 61 north of 147 th Street. Weidt made motion, Klein seconded, to direct staff to determine assessment options available and potential impacts to residents and businesses. Discussion on Accessory Building Size in Agricultural Zoning District At its January 5, 2009 meeting, the Hugo City Council approved a variance for an accessory building on Arnie Triemert s property located at Everton Avenue North. Council agreed that the variance request was supported by the neighbors. The Council reviewed the issue at the Council s Goal Setting Session and agreed to discuss the City s current accessory building size in the Agricultural Zoning District. Community Development Director Bryan Bear discussed with Council the issues related to the maximum accessory building size which is currently 3,600 square feet on those properties in the City s Agricultural Zoning District. Miron made motion, Haas seconded, to direct staff to prepare an ordinance with a 5,000 square foot maximum for accessory building size with an additional 25 percent allowance with a Conditional Use Permit for consideration by the Planning Commision at a public hearing. All Ayes Motion carried.

6 Page 6 of 7 Discussion on Establishment of Bald Eagle Lake Water Management District The Rice Creek Watershed District is proposing the establishment of a Water Management District for property owners surrounding Bald Eagle Lake. The proposed management district would allow the RCWD to collect revenue through charges to property owners for the purpose of improving the lake s water quality. On January 28, 2009, Mayor Fran Miron and Councilmember Becky Petryk attended a water quality workshop related to this issue along with dozens of residents living on or near the lake. Petryk stated that enough people had signed the petition to implement a new taxing district with a tenyear plan to increase water quality on Bald Eagle Lake. A public hearing on the plan amendment will be held at the Rice Creek Watershed District meeting on April 22, 2009 at Shoreview City Hall in the Council Chambers at 9:00 a.m. Miron made motion, Petryk seconded, to direct staff to send comments from the Council to the Rice Creek Watershed District indicating support of the citizen initiated efforts which are equitable and effective in approving water quality Bald Eagle Lake. Discussion Regarding Application for Stormwater Funding for a Project to Convey Groundwater Away From Building Foundations in Victor Gardens. The City of Hugo and the Rice Creek Watershed District have been working to assist homeowners in the Victor Gardens development who have been experiencing wet basements. Houston Engineering, Inc. has developed a plan for a proposed drainage system to convey water away from the affected homes. Rice Creek Watershed District 2009 Urban Stormwater Remediation Cost-Share Program is accepting applications for projects within the district that protect and enhance water quality. Community Development Director Bryan Bear discussed with Council their interest in this drainage system project which would include installing gravity outlets to individual sump pumps. Council also considered a cost-share program to include application to the Rice Creek Watershed District for a $50,000 grant to help fund the project which would cost approximately $200,000. Miron made motion, Petryk seconded, to submit a grant application to the Rice Creek Water District 2009 Urban Stormwater Remediation Cost-Share Program, and to arrange a meeting to include City Council representatives, the Rice Creek Watershed District, and Victor Garden Homeowners to gauge interest in pursuing the project. Miron directed staff to determine whether there were City funds for this. Haas stated he does not support the City paying for these costs. Update on February 16 th Hearing at the State Capital Cit Administrator Mike Ericson added this item to the agenda to provide the Council and public an update on the February 16 th hearing at the State Capital, which was attended by Mike Ericson, Mayor Miron, and Councilmember Haas, who provided testimony for Senate File 161 for reimbursement for cost incurred by the City after the May 25, 2009 tornado disaster in Hugo. Terms were laid out for possible inclusion in the omnibus tax bill. The Council discussed possible cost incurred by the White

7 Page 7 of 7 Bear School Lake District which generously offered the Oneka Elementary School as a site for many tornado related meetings and events that were held. Miron made motion, Haas seconded, to direct staff to contact the White Bear Lake School District and assess any costs they may have incurred due to the May 25 th tornado disaster for inclusion in this bill or a new bill. Discussion on CSAH 8 East Councilmember Haas added this to the agenda for discussion on the County Road 8 project, east of Highway 61. Community Development Director Bryan Bear informed the Council that Washington County has begun design of the project, and Washington County representatives will be attending the March 16, 2009 Council meeting to provide an update. Discussion on Scheduling Budget Workshop at March 2, 2009 Council Meeting At its January 2, 2009 meeting, the Hugo City Council discussed the unallotment by Governor Tim Pawlenty. Council directed staff to prepare a plan to address the City s cuts in the Minnesota Homestead Market Value Credit. Miron made motion, Haas seconded, to consider March 17, 2009 at 9:00 a.m. for a budget workshop, and put this date on the next Council agenda for approval. Forest Lake Town Hall Meeting Councilmember Haas informed the Council there was an upcoming meeting to be held by legislatures to seek input on the State s proposed budget. The meeting will be held in Forest Lake on Thursday February 26,2009 at the Forest Lake City Hall beginning at 6:30 p.m. Haas made motion, Weidt seconded, to schedule Thursday, February 26, 2009 as a Council meeting to allow the Council to attend the Forest Lake Town Hall meeting at 6:30 p.m. Adjournment Haas made motion, Petryk seconded, to adjourn at 9:44 p.m. Respectfully Submitted, Michele Lindau City Clerk