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HomeMy WebLinkAbout2010.08.16 CC MinutesMINUTES FOR THE CITY COUNCIL MEETING ON MONDAY, AUGUST 16, 2010 Mayor Fran Miron called the meeting to order at 7:04 p.m. PRESENT: Haas, Klein, Petryk, Weidt, Miron ABSENT: None ALSO PRESENT: City Administrator Mike Ericson, Community Development Director Bryan Bear, Community Development Assistant Dennis Fields, City Planner Rachel Simone, City Engineer Jay Kennedy, City Attorney Dave Snyder, and City Clerk Michele Lindau Approval of Minutes for Library Kiosk Ribbon Cutting Ceremony on July 29, 2010 Petryk made motion, Klein seconded, to approve the minutes for the Library Kiosk Ribbon Cutting Ceremony on July 29, 2010 as presented. All Ayes. Motion carried. Approval of Minutes for I-35 WE Coalition Meeting on July 29, 2010 Weidt made motion, Klein seconded, to approve the minutes for I-35 W/E meeting on July 29, 2010 as presented. All Ayes. Motion carried. Approval of Minutes for City Council Meeting on August 2, 2010 Weidt made motion, Petryk seconded, to approve the minutes for the City Council meeting on August 2, 2010 as presented. All Ayes. Motion carried. National Night Out on August 3, 2010 Klein made motion, Weidt seconded, approve the minutes for National Night Out on August 3, 2010 as presented. All Ayes. Motion carried. Approval of the Agenda Miron made motion, Petryk seconded, to approve the agenda as amended: Rearrange items under "Unfinished Business" and "New Business" to address the dog bite appeal for dog owner Linh Vinh Tran who has to go to work. All Ayes. Motion carried. Hugo City Council Minutes for August 16, 2010 Page 2 of 10 Approval of Consent Agenda Weidt made motion, Klein seconded, to approve the following Consent Agenda: Approval of Claims Approve Rescheduling of September 6, 2010 Council Meeting to Tuesday, September 7, 2010 Due to Labor Day Holiday Approve Resolutions and Development Agreements for Prairie Village and Prairie Village Second Addition Approve Change Order No. 2 for TH61 & 147th Street Project Approve Change Order No. 1 for TH61 & 130th Street Project Approve Special Event Permit for Hugo Lions Golden Gloves Boxing Event on September 25, 2010 at Lions Park Approve Pay Request No. 2 from GenCon for Work Completed to Date on Construction of Hanifl Fields Park Shelter Approve Resolution on Statutory Tort Liability Limits Approve Pay Request No. 4 from E.H. Renner for Construction on Well No. 6 Approve Pay Request No. 6 from Arnt Construction for Construction on South Egg Lake Road Project Approve Pay Request No. 5 from Arnt Construction for Construction on T.H. 61 and 147th Street Intersection Project Approve Draft Letter Concerning the Demolition of the Former Ricci's Restaurant Located at 14777 Forest Boulevard North Al Ayes. Motion carried. Approval of Claims Adoption of the Consent Agenda approved the Claims Roster as presented. Approve Rescheduling of September 6, 2010 Council Meeting to Tuesday, September 7, 2010 Due to Labor Day Holiday Each year, the Hugo City Council has to reschedule its first meeting in September to the following Tuesday due to the Labor Day Federal Holiday. Adoption of the Consent Agenda approved the rescheduling of the September 6, 2010 City Council meeting to Tuesday, September 7, 2010. Approve Resolutions and Development Agreements for Prairie Village and Prairie Village Second Addition At its July 6, 2010 meeting, the City Council approved Prairie Village I" Addition to consist of six lots, and Prairie Village 2nd Addition to consist of eleven lots, with the final plat resolutions and development agreement to be prepared by staff and subject to final review and approval. Staff has been working with the applicant, Pratt Development, on the final plat and development Hugo City Council Minutes for August 16, 2010 Page 3 of 10 agreement resolution. Adoption of the Consent Agenda approved RESOLUTION 2010-35 APPROVING A FINAL PLAT AND DEVELOPMENT AGREEMENT FOR PRATT DEVLEOPMENT FOR "PRAIRIE VILLAGE" LOCATED NORTH OF 158TH STREET AND WEST OF ONEKA PARKWAY, and RESOLUTION 2010-36 APPROVING A FINAL PLAT AND DEVELOPMENT AGREEMENT FOR PRATT DEVLEOPMENT FOR "PRAIRIE VILLAGE 2nd ADDITION" LOCATED NORTH OF 158' STREET AND WEST OF ONEKA PARKWAY. Approve Chane Order No. 2 for TH 61 & 147th Street Project As the Highway 61/147th Street project has progressed, it has been necessary to modify the scope of the improvements to reflect conditions in the field. City staff has been working with Arnt Construction and MnDOT to quantify and summarize the change in the project scope, which are outlined in the proposed Change Order #2. Adoption of the Consent Agenda approved Change Order #2 for the TH61 & 147th Street Project. Approve Chanize Order No. 1 for TH 61 & 1301h Street Proiect As the project has progressed, it has been necessary to modify the scope of the improvements to reflect conditions in the field. We have been working with Rum River Contracting and MnDOT to quantify and summarize the changes in the project scope, which are outlined in the proposed Change Order #1. Adoption of the Consent Agenda approved Change Order #1 for the TH61 & 130th Street Project. Approve Special Event Permit for Hugo Lions Golden Gloves Boxing Event on September 25, 2010 at Lions Park The City has received a special event permit and temporary liquor license from the Hugo Lions for a Golden Gloves Boxing Event to be held on Saturday, September 25, 2010. The event will be held from 9 a.m. to 3 p.m. in Lions Park and will utilize the tennis court area for the boxing event. Adoption of the Consent Agenda approved the Special Event Permit for the Hugo Lions Club for the Golden Gloves Boxing Event to be held on September 25, 2010. Approve Pay Request No. 2 from GenCon for Construction Completed to Date on Hanifl Fields Park Shelter City staff received Pay Request No. 2 from Gencon Construction for work completed to date on the construction of the Hanifl Fields Athletic Park shelter. Public Works Director Scott Anderson and Senior Engineering Technician Steve Duff 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. 2 from Gencon Construction for work completed to date on the construction the Hanifl Fields Athletic Park shelter in the amount of $51,547.00. Approve Resolution on Statutory Tort Liability Limits In the late 1990's the League of Minnesota Insurance Trust required each city that obtained liability coverage from them to decide whether or not to waive the statutory tort liability limits to the extent of the coverage purchased. At that time the City Council opted not to waive the statutory limits. LMCIT is requiring each member city to reaffirm their position regarding these Hugo City Council Minutes for August 16, 2010 Page 4 of 10 limits. Currently these limits are $500,000 per claimant and $1,500,000 per occurrence. Adoption of the Consent Agenda approved RESOLUTION NO. 2010-37 NOT TO WAIVE STATUTORY TORT LIABILITY LIMITS. Approve Pay Request No. 4 from E.H. Renner for Construction on Well No. 6 City staff has received Pay Request No. 4 from Renner Construction for work completed to date on the construction of Well No. 6 located near the intersection of TH61 and 125th Street. 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. 4 from E.H. Renner Construction for work completed to date on the construction of Well No. 6 in the amount of $38,153.52. Approve Pay Request No. 6 from Arnt Construction for Construction on South Egg Lake Road Proiect The City of Hugo has received Pay Request No. 6 from Arnt Construction for work on the South Egg Lake Neighborhood Street Reconstruction Project. Senior Engineering Technician Steve Duff has 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.6 to Arnt Construction in the amount of $55,967.37 for work completed to date on the South Egg Lake Neighborhood Street Reconstruction Project. Approve Pay Request No. 5 from Arnt Construction for Construction on T.H. 61 and 147th Street Intersection Proiect The City of Hugo has received Pay Request No. 5 from Arnt Construction for work on the TH61/147th Street Intersection Improvement Project. Senior Engineering Steve Duff has 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. 5 to Arnt Construction in the amount of $126,342.40 for work completed to date on the TH61/147th Street Intersection Improvement Project. Approve Draft Letter Concerning the Demolition of the Former Ricci's Restaurant Located at 14777 Forest Boulevard North The City's Economic Development Authority has been encouraging the removal of blighted buildings in downtown Hugo, following recommendations from the Business Retention and Expansion Committees. City staff has been in communication with the owners of the Ricci's building for some time regarding its demolition and redevelopment. The owners appear willing to remove the building but are concerned about their ability to redevelop the site because of its small size and shape. In addition, there may be a tax advantage to the owner of the building if it could be donated to the city for use in police training exercises. The Washington County Sheriff's Department is interested in using the building for training before it is demolished. The staff believes this letter will assist the owner in making a decision to demolish the building. Adoption of the Consent Agenda approved the draft letter concerning the demolition of the former Ricci's restaurant located at 14777 Forest Boulevard North. Hugo City Council Minutes for August 16, 2010 Page 5 of 10 Approve Site Plan, Variance, and Conditional Use Permit Amendment for Mastec Councilmember Klein announced he would remove himself from discussion to avoid a conflict of interest because his wife is employed by Mastec. The applicant is requesting approval of a site plan, variance, and conditional use permit amendment for the construction of a 6,330 square foot storage building located at 17385 Forest Boulevard. The property is approximately 7 acres in size and is occupied by Mastec Inc., which is a contractor for communication companies. The variance is from the commercial and industrial construction standards to construct a pole barn on the property for cold storage. The construction standards do not allow a building's exterior to be constructed entirely out of metal and states that exteriors for all buildings shall be architecturally enhanced concrete panel, architecturally enhanced masonry block, masonry with block, masonry with exterior insulation and finish system (EIFS), brick, dressed stoned or glass. The applicant has requested to construct the building's exterior with metal. The building would be used for cold storage of materials that are currently being stored outdoors. The applicant is requesting a conditional use permit amendment to allow contractors operations as a use on the property. The business has been on the property since 1993, and the conditional use permit it will make the business a legal use in the Restricted Commercial (RC -1) zoning district. The property was zoned Industrial when they located on the property. The Planning Commission considered this request at its August 12, 2010 meeting and unanimously recommended approval to the City Council. Haas made motion, Petryk seconded to approve RESOLUTION 2010-38 APPROVING A SITE PLAN, VARIANCE AND CONDITONAL USE PERMIT AMENDMENT IN THE RESTRICTED COMMERICAL ZONING DISTRICT FOR THE PROPERTY LOCATED AT 17385 FOREST BOULEVARD NORTH, and RESOLUTION 2010-39 APPROVING FINDINGS OF FACT FOR VARIANCE FROM THE COMMERCIAL AND INDUSTRIAL CONSTRUCITON STANDARDS FOR THE PROPERTY LOCATED AT 17385 FOREST BOULEVARD NORTH. All Ayes. Motion carried. Discussion on Dog Bite Protocol/Animal Ordinance During the spring and summer of 2010 staff has spent time dealing with dog incidents within the City of Hugo. At its May 10, 2010 meeting, Council directed staff to investigate the City's notification and procedure policy regarding dog bites. Staff compared the City's Animal Ordinance with State Statute on dogs, and met with the Washington County Sheriff's Department and Animal Control, Inc., its contract animal control officer. Staff has identified a need to update the City's animal ordinance as it pertains to dogs, and have a protocol for how to handle dog bites incidents in the future. Community Development Assistant Dennis Fields talked about the definition between "dangerous" and "potentially dangerous" dogs according to state statute. He reviewed the protocol drafted by staff that includes a ten-day quarantine period, which veterinarian and owner of P.A.W.S Pet Hospital Dr. Michele Beck explained was needed to monitor the person who was bit for any signs of rabies. Within that ten -days, a report (which Councilmember Haas clarified was a report from the police officer) will be forwarded to the animal control officer who will make a determination as to whether it is a dangerous or potentially dangerous dog. The owner will be notified in writing of the designation and have the right to an appeal. Hugo City Council Minutes for August 16, 2010 Page 6 of 10 Weidt made motion, Haas seconded, to approve the dog bite protocol with the clarification made by Councilmember Haas. All Ayes. Motion carried. Community Development Assistant Dennis Fields discussed with Council the items in the current Animal Ordinance that should be updated including regulations regarding dangerous and potentially dangerous dogs as well as hearing requirements and the appeal process. Petryk made motion, Weidt seconded, to direct the Ordinance Review Committee to make amendments to the Animal Ordinance and bring back to the Council a proposed ordinance. All Ayes. Motion carried. Discussion on Dog Bite Appeal for Beagle Owned by Linh Vinh Tran The City of Hugo received a letter from the Washington County Sheriff's Department stating that they had labeled Linh Vinh Tran's dog, Rocky (formerly known as Max), as a potentially dangerous dog. According to the Police report, on April 29, 2010 a man was walking down the street when three smaller dogs, including Rocky, came from between the houses and Rocky bit the man's leg. Linh Vinh Tran stated that he did not know how the dog got loose, and the dog was not dangerous. He said he has since added more locks to the gate. Petryk made motion, Klein seconded, to delay ruling until the Animal Ordinance has been reviewed by the Ordinance Review Committee. Miron made motion, Haas seconded, to amend the motion to require a report from a veterinarian be provided to the City on an assessment of the dog's behavioral status. Vote on amendment - Ayes: Klein, Petryk, Weidt, Miron Nay: Haas Motion carried. Vote on motion as amended - Ayes: Klein, Petryk, Weidt, Miron Nay: Haas Motion carried. Discussion on Dog Bite Appeal for German Shepherd Owned by Breta Le Vasseur The City of Hugo received a letter from the Washington County Sheriff's Department stating that they had labeled Breta Le Vasseur's dog Zoe, as a potentially dangerous dog. The dog is a 10 month old female German shepherd. According to the Police report, on April 17, 2010 the dog owner was unloading groceries and Zoe had gotten free out the front door. The dog charged the neighbors child, knocked him over, and bit the child on the forehead. After speaking with the Hugo City Council Minutes for August 16, 2010 Page 7 of 10 Washington County Sheriff Department and researching the incident, staff feels that Zoe is not a threat to other people and should not be labeled a potentially dangerous dog. Staff believes it does not fall into the definition of a potentially dangerous dog because the dog seemed to be attempting to play with the child and did not show an aggressive behavior toward strangers. Haas made motion, Weidt seconded, to table this item and have the animal control officer bring back a recommendation on the dog. Haas withdrew his motion and Weidt withdrew his second. The owner Breta Le Vasseur explained the dog was nine months old and likely jumped on the child; it was unclear if the child was bit or scratched. Haas made motion, Weidt seconded, to table this item and have a behavioral assessment done on the dog. Ayes: Haas, Weidt Nays: Klein, Petryk, Miron Motion failed. Miron made motion, Petryk seconded, to remove the designation of potential dangerous dog in agreement with Washington County Sheriff's Office determination. Ayes: Klein, Petryk, Miron Nays: Haas, Weidt Motion carried. Discussion on Pet Clinic Days At its May 17, 2010 meeting, the City Council directed staff to coordinate with the local veterinarians in the area to discuss a pet clinic day and dog licensing. Staff sent out letters to the local veterinarians in Hugo, White Bear Lake, Lino Lakes, and Forest Lake, inviting them to a meeting at Hugo City Hall to discuss these topics with staff. Michele Beck from P.A.W.S Pet Hospital, Amy Kruchowski from Lake Animal Hospital, and Peggy Johnson from MN Spay and Neuter Assistance Program (SNAP) joined staff for the meeting. There is a Pet Spay and Neuter Day set for Tuesday, September 28, 2010 from Sam — 4pm at Hugo City Hall that will be coordinated by SNAP. They will bring a clinic trailer to the City Hall parking lots and spay and neuter pre -registered animals. There is a Pet Vaccination Day on Saturday, October 2, 2010, hosted by P.A.W.S Pet Hospital and Lake Animal Hospital. The vaccination day will be held at both locations with discounted prices on vaccinations. Staff will be creating flyers on each event and providing discounted licensing on both days. P.A.W.S. co-owner Matt Beck estimated more than 60 percent of the households in Hugo have a pet and over 50 percent have a dog. Veterinarian Dr. Michele Beck explained the benefits of spading and neutering an animal. Haas made motion, Petryk seconded, to approve a Pet Spay and Neuter Day set for Tuesday, September 28, 2010 from Sam at 4pm at Hugo City Hall and a pet Vaccination Day on Saturday, October 2, 2010 hosted by P.A.W.S Pet Hospital and Lake Animal Hospital. All Ayes. Motion carried. Hugo City Council Minutes for August 16, 2010 Page 8 of 10 Discussion on Dog Licensing The City of Hugo licenses dogs primarily to ensure the dog has received its rabies vaccination and to keep track of the number of dogs in the City and on individual properties. When the dog is licensed at the City, the license is set to expire when the next rabies vaccination is due. Rabies vaccinations are typically good for three years. At that time the resident must renew the dog license. City Planner Rachel Simone explained the City currently does not send out letters to residents to remind them to renew the vaccination and the license, nor does the City charge the late fee for residents who do not renew within 30 days or obtain the license within 60 day from when the dog was brought into the City. Weidt made motion, Haas seconded, to direct staff to prepare a resolution to provide amnesty on late fees. All Ayes. Motion carried. Miron made motion, Petryk seconded, to direct staff to send letters monthly to residents that have dog licenses that are about to expire and allow local veterinary clinics to offer dog licensing at the time a Hugo resident updates their dog's rabies vaccination. Haas made motion, Klein seconded, to amend the motion to send out postcards in lieu of letters. All Ayes. Motion carried. Vote on motion as amended: All Ayes. Motion carried. Discussion on Concept Plan and Transition Plan for National Recycling Inc. Staff has received a number of complaints regarding operations at National Recycling, Inc. at 15717 Forest Boulevard North. In responding to the complaints, staff has recognized the need for changes at NRI and has met with the property owner several times over the course of the summer. Community Development Director Bryan Bear explained that scrap yards and recycling are not permitted uses in that zoning district (C-2) but recycling centers are allowed with a conditional use permit. He stated the property owner has been cooperative in attempts to deal with the complaints and are in the process of completely reorganizing the site. Staff has been conducting monthly inspections and has found that debris piles on the site have been reduced. Bryan presented NRI's proposed site plan showing new pavement and building with no outside storage or processing. He explained how traffic would be managed on the site, allowing for more stacking room within the site. He also shared with Council NRI's transition plan to redirect industrial recyclables to another site and reduce the scrap. According to the plan, by June 30, 2011 NRI will have acquired an additional site for processing scrap and have only storage containers at the Hugo site. Construction improvements will begin then, and by October 30, 2011 site and traffic changes would be complete. Rick Mark, owner of NRI, and his architect Ellen Luken from Lucken Architects provided the Council with a detailed plan showing color renderings of the building and landscape. Rick stated he already had a significant amount invested. Rick said he lives in Hugo, and he was not satisfied with the site as it is. He indicated he was making every effort to clean it up. Hugo City Council Minutes for August 16, 2010 Page 9 of 10 The Council generally agreed NRI provided an important service to the community and significant improvement has been shown on the site. Miron made motion, Klein seconded, to suspend enforcement action on NRI, recognizing their cooperation. All Ayes. Motion carried. Reschedule TH 61/130th Street Intersection Improvement Ribbon Cutting Ceremony A Ribbon Cutting Ceremony for the street intersection improvements made at TH61/130th Street North was scheduled for Tuesday, August 24, 2010 at 11:00 am. Staff has since been informed by the contractor that the traffic signals will not be delivered and installed until later in the month of August, and recommends postponing the ceremony until a date in mid-September. Miron made motion, Weidt seconded, to direct staff to reschedule the Ribbon Cutting Ceremony for the TH61/130th Street intersection project at a later date. All Ayes. Motion carried. Street Reconstruction Program Discussion The City Council discussed the street reconstruction program at the budget workshop on August 11, 2010. For 2011, City staff is recommending that the Council consider a project from the current priority list. City Engineer Jay Kennedy highlighted the projects completed to date, and discussed future priorities. Miron made motion, Weidt seconded, to direct staff to continue moving forward with the Ethan/Everton Avenue project and schedule neighborhood meetings for Lake Air Estates and the Hugo City Hall neighborhood separately. Al Ayes. Motion carried. Notice of Vacancies on Browns Creek Watershed District City staff has received notification from Washington County that terms for two board members on the Browns Creek Watershed District will be expiring in October, and if any residents are interested in the board position they should make application to the City of Hugo and/or Washington County. Schedule Skate Park Grand Opening on September 24, 2010 At their August 11, 2010 meeting, the Parks, Recreation and Open Space Commission made a recommendation to hold the Grand Opening of the Skate Park at Lions Park on Friday, September 24, 2010 from 5:00pm-6:30pm. Food and beverages will be provided. Skate demonstrations by local skaters will be coordinated. Residents living near the skate park and the Hugo Lions Club will be invited. The community event will be advertised and open to the public. Hugo City Council Minutes for August 16, 2010 Page 10 of 10 Miron made motion, Weidt seconded, to schedule Friday September 24, 2010 as a meeting to allow Council attendance at the Skate Park Grand Opening. All Ayes. Motion carried. Adiournment Hass made motion, Weidt seconded, to adjourn at 10:00 p.m. All Ayes. Motion carried. Respectfully Submitted, Michele Lindau City Clerk