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HomeMy WebLinkAbout2010.05.17 CC MinutesMINUTES FOR THE CITY COUNCIL MEETING OF MONDAY, MAY 17, 2010 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, City Attorney Dave Snyder, Assistant City Attorney Christine Eid, Fire Chief Jim Compton, City Planner Rachel Simone, Planner Kendra Lindahl, Community Development Assistant Dennis Fields, Parks Planner Shayla Syverson, and City Clerk Michele Lindau Approve Minutes for Neighborhood Open House on Intersection Reconstruction Projects on April 21, 2010 Weidt made motion, Klein seconded, to approve the minutes for the Open House on April 21, 2010 on the T.H. 61/130th Street and T.H. 61/ 147th Street intersection reconstruction projects as presented. All Ayes. Motion carried. Approve Minutes for City Council Meeting on May 3, 2010 Weidt made motion, Petryk seconded, to approve the minutes for the May 3, 2010 City Council meeting as presented. All Ayes. Motion carried. Approval of the Agenda Miron made motion, Haas seconded, to approve the Agenda as amended. Add L. 1 Peddlers Ordinance Add L.2 Dog Ordinance and Dog Licensing All Ayes. Motion carried. Presentation of 2009 Annual Fire Department Report -Fire Chief Jim Compton Each year, the Hugo Fire Department complies information for the preparation of its annual report. Fire Chief Jim Compton presented the 2009 Hugo Fire Department Annual Report which highlighted the accomplishments of the Fire Department during 2009, which include the implementation of the 800 Mhz Radio System. Fire Chief Jim Compton explained that this system allows all emergency personnel, including all fire departments, police departments, and ambulance services to be on one channel. Also presented was statistics on the number of calls and runs by the department, with an average response time of nine minutes. Fire Chief Jim City Council Meeting Minutes for May 17, 2010 Page 2 of 9 Compton reviewed the 2009 training highlights which included advanced extrication and rescue training on small animals. Goals for 2010 included large animal training and implementation of a health and wellness program. Mayor Fran Miron suggested the Fire Department partner with City Hall and local businesses as well, and look into the program developed by Wilson Tool. Miron made motion, Petryk seconded, to accept the 2009 Fire Department Annual Report. All Ayes. Motion carried. Approval of the Consent Agenda Haas made motion, Weidt seconded, to approve the following Consent Agenda: Approval of Claims Approve Rescheduling First Meeting in July to July 6th Due to July 5th as a Legal Holiday. Approve Pay Request No. 1 from E.H. Renner & Sons, Inc for Work Completed to Date on Well No. 6 Approve Py Request No. 1 from Rum River Contracting for Work Completed to Date on T.H.61/130' Street Intersection Improvements All Ayes. Motion carried. Approval of Claims Adoption of the Consent Agenda approved the Claims Roster as presented. Approve Rescheduling First Meeting in July to July 6 Due to July 5 as a Legal Holiday Monday, July 5, 2010 has been designated as a federal and state holiday in observance of July 4th Independence Day. Adoption of the Consent Agenda approved rescheduling the City Council's first meeting in July to Tuesday, July 6, 2010 at 7:00 p.m. Approve Pay Request No. 1 from E.H. Renner & Sons, Inc for Work Completed to Date on Well No. 6 The City of Hugo has received Pay Request No. 1 from E.H. Renner & Sons, Inc. for work completed to date on construction of Well No. 6 near the intersection of T.H. 61 and 125th Street North. Senior Engineering Technician Steve Duff and City Engineer Jay Kennedy have reviewed the pay request and found it to be satisfactory for work completed to date on the project. Adoption of the Consent Agenda approved Pay Request No. 1 from E.H. Renner & Sons, Inc. in the amount of $39,301.33 for work completed to date on Well No. 6. City Council Meeting Minutes for May 17, 2010 Page 3 of 9 Approve Pay Request No. 1 from Rum River Contracting for Work Completed to Date on The City of Hugo has received Pay Request No. 1 from Rum River Contracting for work completed to date on the T.H. 61/130 Street intersection improvements. Senior Engineering Technician Steve Duff and City Engineer Jay Kennedy have reviewed the pay request and found it to be satisfactory for work completed to date on the intersection improvements. Adoption of the Consent Agenda approved Pay Request No. 1 from Rum River Contracting in the amount of $141,145.94 for work completed to date on the T.H.61/130th Street intersection improvement project. Adopt Resolution Requesting Advanced State Aid Funding From MN DOT Council Member Chuck Haas removed this item from the Consent Agenda. City Engineer Jay Kennedy and Finance Director Ron Otkin have worked diligently to research and phrovide for the necessary funding for the City of Hugo's intersection improvement at T.H.61/1301 Street and T.H.61/147th Street. Specifically, the City of Hugo has requested an advance from its state aid street funding from the Minnesota Department of Transportation. City Engineer Jay Kennedy explained that the City's annual allotment was $425,000. Twenty-five percent goes directly into the street maintenance fund and the other 75% is maintained by MN DOT until the City has a valid project; the City can then borrow up to three years of their allotment. Haas made motion, Weidt seconded, to approve RESOLUTION 2010-17 REQUESTING AN ADVANCE FROM THE MN DOT MUNICIPAL STATE AID STREET FUND FOR CALENDAR YEAR 2010. Ayes: Klein, Petryk, Weidt, Haas, Miron Nays: None Motion carried. Approve Award of Bid for Hanifl Fields Athletic Park Shelter At its April 19, 2010 meeting, the Council authorized City staff to publicly re -bid Hanifl Fields Athletic Park Shelter construction project due to inconsistencies in the April 14th bids. On Wednesday, May 12, 2010, the City of Hugo opened bids for the construction project. There were a total of 13 bidders on the project. Planner Kendra Lindahl explained the re -bid resulted in significantly lower bids amounting to approximately $20,000 in savings to the City with the apparent low bid amount of $532,476.47. Haas made motion, Weidt seconded, to award the bid to Gen Con Construction in the amount of $532,476.47. All Ayes. Motion approved. City Attorney Dave Snyder stated that the award would be contingent on the signing of the necessary documents provided by the City. City Council Meeting Minutes for May 17, 2010 Page 4 of 9 Approve Variance for Side Yard Setback for the Marston Family at 8895 126th St. N. At its April 22, 2010 meeting the Board considered the variance request and held a public hearing on the application. Staff presented the request and recommended denial of the side yard setback variance and approval of the shoreland setback variance for additions to the house. There were two people that spoke on the request at the public hearing, the property owner to the north and her son. They were against the variance for the side yard setback because the additions to be constructed close to the north property line would reduce the value of their property. The Board discussed the request and recommended approval of both variances from the side yard setback and shoreland setback requirements to the City Council. At its May 3, 2010 meeting, Council approved the shoreland setback variance and tabled the variance request on the side yard setback. City Planner Rachel Simone explained staff worked with the applicant and the neighbor to address the conditions for the side yard setback variance. Builder John Murphy explained he revised the plan to show the recreation room at the required 20 foot side yard setback and garage ten feet from the side property line, where 20 feet is required by ordinance as well as reducing the width of the garage to 19 feet. The Council explained the rational for approving the variance: applicant minimized the variance for the garage, the rest of the building met the required setback, the variance does not change the characteristics of the area, the applicant is unable to locate another garage on the property without requesting a variance, no other homes are built as close to the lot line as to require a variance, the adjoining property is at a higher elevation, and the building would be screened by trees along the property line. Miron made motion, Klein seconded, to approve RESOLUTION 2010-18 APPROVING A VARIANCE FOR SCOTT AND MELISSA MARSTON IN THE RURAL RESIDENTIAL ZONING DISTRICT ON PROPERTY LOCATED AT 8895 126TH STREET NORTH. Ayes: Petryk, Weidt, Haas, Klein, Miron Nays: None Motion carried. Approve Revisions to the City's Shooting Ordinance At it's May 3, 2010 meeting, City Council held a public hearing on the revisions to the City's Shooting Ordinance. Council tabled this item before any discussion due to the lack of time remaining for the meeting. Community Development Assistant Dennis Fields provided a presentation containing background and an overview of the relevant issues to the Council. Council talked about the controlled shooting area and a proposed change in the northwest corner of Egg Lake due to comments from residents at the public hearing. Council also discussed options for the 500 foot rule. Haas made motion, Klein seconded, to adopt the controlled shooting area map with the exclusion of the area around the north end of Egg Lake, and language that the rural area be governed by DNR regulations in regard to the 500' rule. Ayes: Haas, Klein Nays: Weidt, Petryk, Miron Motion failed. City Council Meeting Minutes for May 17, 2010 Page 5 of 9 Miron made motion, Weidt seconded, to adopt ORDINANCE 2010-446 AMENDING CHAPTER 50, SECTION 50-1 SHOOTING REGULATIONS, which includes deleting language in the proposed ordinance regarding projectile or shots falling within the limits of the ordinary high water mark of Bald Eagle Lake (as recommended by the DNR), adopting the controlled shooting area map with the change in the area around Egg Lake, and including language to require written permission of the land owner to discharge a firearm or controlled weapon within 500 feet of a building occupied by human or livestock, including buildings located on adjacent properties. Ayes: Klein, Petryk, Weidt, Miron Nay: Haas Motion carried. Approve Rescheduling of I-35 W/E Coalition Meeting to July 29, 2010 This item was tabled at the last meeting due to the lack of time. At its February 23, 2010 meeting, the Hugo City Council hosted the annual I-35 W/E Coalition meeting at Hugo City Hall. After discussion, Coalition members agreed to schedule the next meeting for Thursday, June 24, 2010 at Hugo City Hall at which it would host the annual BBQ cookout. At its April 5, 2010 meeting, Council discussed this date and the League of Minnesota Cities Annual Conference that is held in St. Cloud on June 23-25 which Council Members Weidt and Klein will attend. Weidt made motion, Klein seconded, to approve the rescheduling of the I-35 W/E Coalition meeting to Thursday, July 29, 2010 at 6:00 pm at Hugo City where burgers and brats will be served. All Ayes. Motion carried. Schedule City Administrator's Annual Performance Review This item was tabled at the last meeting due to the lack of time. Mike Ericson was hired by the City of Hugo as its new City Administrator on April 17, 2000. Over the past nine years, the City of Hugo has conducted an annual performance review of the City Administrator with the City Administrator, Council, and City Attorney David Snyder. Weidt made motion, Klein seconded, to schedule the annual performance review of City Administrator Mike Ericson for July 6, 2010, at or after 8:00 p.m., following the regularly scheduled meeting of the City Council. All Ayes. Motion carried. Discussion on Draft City Notification Policy for Elected Officials Councilmember Chuck Haas has requested the City of Hugo include in its personnel policy a formal notification police whereby the Hugo City Council would be formally notified in the City Council Meeting Minutes for May 17, 2010 Page 6 of 9 event of natural disasters, public emergencies, and tragedies like the car in the pond which occurred on Saturday, April 10, 2010. Haas stated the importance of notifying the City Council; to be unaware of certain events has an adverse effect on the Council's credibility. At its April 19, 2010 meeting, Council directed staff to prepare a draft notification policy for Council review. City Administrator Mike Ericson presented the draft notification policy to the Council for their consideration, and Council discussed the need to include other emergency responders to the policy. Miron made motion, Haas seconded, to direct staff to contact other communities who have notification policies for copies of their policy, and seek comments from the Washington County Sheriff and the Hugo Fire Deparmtent. All Ayes. Motion carried. Discussion on Issues Related to 2:00 A.M. Bar Closing Applications At its May 3, 2010 meeting, the Hugo City Council approved the applications for a 2 a.m. closing at Sal's Angus Grill and the Blue Heron Grill. Council directed staff to investigate the impact of the 2 a.m. closing license regarding fees and additional workload of the Sheriff's Department. City Clerk Michele Lindau shared with Council information from the Washington County Sheriff's Department on Initial Complaint Reports (ICR) collected on the establishments and information on neighboring Cities regarding the 2 a.m. closing time permit. Of the five neighboring communities, two do not permit 2 a.m. closings: Forest Lake and May Township, which only has the Withdrow Ballroom that stops serving alcohol at Midnight. Centerville does permit it; however, the two bars in Centerville do not ask to be permitted. Also, in the past 14 months, one establishment has had ten ICR's between the hours of 1 a.m. - 3 a.m.; however, it cannot be determined if these incidents would have happened regardless of what time the establishment stopped serving alcohol. Haas made motion, Weidt seconded, to accept staff's findings. All Ayes. Motion carried. Approve Special Event Permit for Jim Miller for Neighborhood Bloch Party in the 159t1' Alcove North Cul-de-sac on Saturday, June 12, 2010 Jim Miller has requested approval of a special event permit in order to hold a neighborhood block party in the cul-de-sac on 159th Alcove North, on Saturday, June 12, 2010. The neighbors would like to have live music at the event and have the band perform until 11:00 p.m., which staff believes will create an unreasonable disruption and violate the City's Nuisance Ordinance. City staff has reviewed the Special Event Permit and has found no other issues, other than the time limitations. The applicant Jim Miller explained the band was from Iron River, Wisconsin and unable to start playing until 7 p.m. This is a three-piece band consisting of two guitarists and a drummer, and they played a variety of music. Mr. Miller stated that he had talked to the neighbors and he provided a petition signed by 15 neighbors, with only one neighbor unwilling to sign. Paul Christianson, 5390 159th Street North, stated his support for the request. City Council Meeting Minutes for May 17, 2010 Page 7 of 9 Miron made motion, Klein seconded, to approve the Special Event Permit allowing the band to play music until 11:00 p.m. All Ayes. Motion carried. Update on Lions Park from the Parks Commission This item was tabled by the Council at its last regularly scheduled meeting due to a lack of time. Parks Planner Shayla Severson provided Council with an update on issues and projects that have been discussed by the Hugo Parks and Recreation Commission at its April 14, 2010 meeting. Items discussed were teen programming and development of Lions Park. The Parks Commission and White Bear lake Community Services had met to discuss upcoming recreational programs and staff has met with Hugo teens. These programs would be free, supervised programs that include physical activity. White Bear Lake proposed matching funds of $1,500 to provide two program leaders. White Bear Lake will also manage the staff and scheduling. Weidt made motion, Klein seconded, to match funds in the amount of $1,500 with White Bear Lake Community Services and Recreation for a program for teens in the Lions Park. All Ayes. Motion carried. It was noted that these fund would come out of the City's Parks Fund. Parks Planner Shayla Syverson also discussed the development of Lions Park. In the Parks Commission's 2010 goals, the Commission has dedicated $75,000 to the first phase of Lions Park redevelopment. The Hugo Lions Club proposed resurfacing the tennis courts for basketball and tennis and, in response to a petition from Hugo's youth, the Parks Commission was proposing to construct a skate park. Shayla has spoke with the League of Minnesota Cities Insurance Trust who said the skate park, as proposed, would be a "Tier 1" skate park that would not increase insurance premiums. Parks and Recreation Commission Chair Jim Taylor addressed the Council and formally requested support of the concept plan. Weidt made motion, Petryk seconded, to direct the Parks Commission to continue to investigate and get specifics on skate parks, and to continue to work with the Lions Club on developments to Lions Park. All Aye. Motion carried. Discussion on the Statewide Health Improvement Program (SHIP) in Washington County and the Health Subcommittee This item was tabled by the Council at its last regularly scheduled meeting due to a lack of time. At the Parks, Recreation and Open -Space Commission's meeting on February 10, 2010, Dr. Aaron Arvig, owner of Oneka Chiropractic and founder of the Hugo Health Fair gave a background of the fair. Dr. Arvig presented his interest in expanding the Health Fair to include an on-going community health initiative in Hugo. Kathy Bystrom of Fairview Lakes Health Services informed the Commission of the Statewide Health Initiative Program (SHIP). City Council Meeting Minutes for May 17, 2010 Page 8 of 9 Washington County was granted SHIP funds to use in partnership with local communities and organizations in the amount of $1.5 million. Parks Planner Shayla Syverson explained the Parks Commission has formed a Health Sub -Committee to look into an on-going community health initiative and SHIP funding. Miron made motion, Weidt seconded, to direct staff City to represent the City of Hugo on the SHIP Community Leadership Team of Washington County. All Ayes. Motion carried. Discussion on Scheduling of Public Hearing to Order Demolition of Catherine Anderson's Old Antique Store At its April 5, 2010 meeting, the Hugo City Council approved the assessment agreement for the demolition of the old antique store to take place as agreed to by owner Catherine Anderson with a ten-year assessment applied to the property tax. Staff was directed to work with the property owner and obtain her signature, which would allow the City of Hugo to proceed with the demolition. To date, the owner has not signed the assessment agreement. The City's Building Official is evaluating whether this building should be deemed a hazardous structure as defined by state statute. Weidt made motion, Klein seconded, to schedule a hearing on June 7, 2010 to decide whether it is in the public's best interest to order the demolition of this building. All Ayes. Motion carried. Reminder on Peddlers Ordinance Council Member Becky Petryk added this to the agenda. Petryk stated she has heard from residents in her area who have been approached by door-to-door sales people who do not have permits. City Administrator Mike Ericson said door-to-door sales require a peddlers permit from the City of Hugo. Residents can call Hugo City Hall or the Washington County Sheriffs Department to find out if a business has a valid peddlers permit. Discussion on Dangerous Dog Ordinance Council Member Haas added this to the agenda. He questioned a dog bite incident that occurred on April 17, 2010 and asked for information on whether the dog has been declared dangerous. City Attorney Dave Snyder indicated that his office was investigating the case, which involved a minor. The Council discussed City issuance of City dog licenses, which require proof of rabies vaccination, and directed staff to make that information available to the Washington County Sheriff's Department. The Council also talked about working with local clinics on dog licensing. Miron made motion, Haas seconded, to direct staff to coordinate discussions with local veterinarian clinics and dog trainers to identify dog licensing issues. All Ayes. Motion carried. City Council Meeting Minutes for May 17, 2010 Page 9 of 9 Gravel Tax Workshop on May 25, 2010 at Washington County At its April 19, 2010 meeting, Council directed staff to report back on this issue once a workshop with the County Board has been scheduled. Staff has learned that the workshop has been scheduled on May 25, 2010, with the exact time of day to be determined. Council directed staff to have representation at the Gravel Tax Workshop on May 25, 2010. Memorial fundraiser for the Family of Joe Bergeron Scheduled for Friday, June 25, 2010 at the Hugo American Legion City staff has learned that family and friends of Maplewood Police Officer Sergeant Joe Bergeron have scheduled a memorial fundraiser for Friday, June 25, 2010 at the Hugo American Legion. Details of the event are still being worked on but the event has been confirmed by Manager Shannon DeVinny of the Hugo American Legion. The public is invited to attend this event which is expected to draw hundreds of family and friends of Hugo resident Joe Bergeron with attendance expected by his wife Gail and twin 13 year-old daughters. Fran made motion, Haas seconded, to direct staff to provide information on the fund raiser on future City Council agendas. All Ayes. Motion carried. Adjournment Weidt made motion, Petryk seconded, to adjounl at 10:00 p.m. Respectfully Submitted, Michele Lindau City Clerk