HomeMy WebLinkAbout2000.08.21 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF AUGUST 21, 2000
Mayor Walter Stoltzman called the meeting to order at 7:00 pm.
PRESENT: Barnes, Haas, Leroux, Petryk, Stoltzman
City Administrator, Michael Ericson
City Attorney, Greg Galler
City Engineer, Dave Mitchell
Community Development Director, John Rask
City Clerk, Mary Ann Creager
MINUTES FOR AUGUST 7.2000
Leroux made motion, Haas seconded, to approve the minutes for the City Council meeting of
August 7, 2000, as submitted.
VOTING AYE: Haas, Leroux, Petryk, Stoltzman
ABSTAINED: Debra Barnes
Motion Carried.
MINUTES FOR EXECUTIVE SESSION OF AUGUST 7, 2000
Haas made motion, Stoltzman seconded, to approve the minutes for the executive session of
August 7, 2000, as amended.
VOTING AYE: Haas, Leroux, Petryk, Stoltzman
ABSTAINED: Debra Barnes
Motion Carried.
MINUTES FOR AUGUST 10, 2000
Stoltzman made motion, Haas seconded, to approve the minutes for the City Council meeting of
August 10, 2000, as submitted.
VOTING AYE: Haas, Leroux, Petryk, Stoltzman
ABSTAINED: Debra Barnes
Motion Carried.
PRESENTATION OF FEASIBILITY STUDY FOR NEW CITY HALL
Bob Russek, chief architect for Bonestroo Rosene Anderlik and Associates, presented the Council
with the final draft of the feasibility study for a new City Hall. Incorporated in the final draft were
directives and suggestions from the Thursday, July 2& Town Meeting, at which members of the
Council, and residents who were present, made suggestions as to what they would like to see in a
new City Hall. Mr. Russek discussed the three options, with an emphasis on the second option,
which is to build a new City Hall on a new site in Hugo. Comments from residents at Town
Meeting were very clear•, they want the new City Hall to be a high quality building, with multiple
facilities — something Hugo can be proud of.
City Council meeting of August 21, 2000
Page 2
Barnes made motion, Leroux seconded, to accept the feasibility report as presented.
VOTING AYE: Barnes, Haas, Leroux, Stoltzman
VOTING NAY: Becky Petryk
Motion Carried.
Haas made motion, Barnes seconded, directing the City Attorney and City Engineer to put together
a Letter of Engagement with Bonestroo Rosene Anderlik and Associates, and directed them to
prepare a schematic design of the new facility. City staff is directed to start the site selection
process. The Council agreed to schedule a meeting on Monday, August 28, 2000, at 7:00 pm, at
the Rice Lake Park Building, to begin the process.
VOTING AYE: Barnes, Haas, Leroux, Stoltzman
VOTING NAY: Becky Petryk
Motion Carried.
Petryk made motion, Stoltzman seconded, directing City staff to determine the actual cost
associated with new construction of a City Hall. The City Clerk be directed to place this issue on
the November 2000 ballot for a GO bond question.
VOTING AYE: Petryk, Stoltzman
VOTING NAY: Barnes, Haas, Leroux
Motion Failed.
CONSENT AGENDA
Haas made motion, Leroux seconded, to approve the following Consent Agenda:
Approval of Claims
Establish City Deferred Compensation Plan with USCM (Approval of Resolution 2000-24)
Approval of Sewer Interceptor Easement with Metropolitan Council
Approval of Charitable Gambling License for Dead Broke Saddle Club
Creekview Preserve Request for Letter of Credit to ReVace Escrow Funds
Approval of Pay Request for Work Completed on 130` Street Lift Station
Reduce Letter of Credit for Creekview Preserve 2"d Addition
Approve Pay Request for Work Completed on Fenway Blvd Court Project
All aye. Motion Carried.
APPROVAL OF CLAIMS
Adoption of the Consent Agenda approved the general claims as submitted.
ESTABLISH CITY DEFERRED COMPENSATION PLAN WITH USCM
In hiring the new City Administrator, the City Council agreed to approve a deferred compensation
City Council meeting of August 21, 2000
Page 3
plan with the United States Conference of Mayors (USCM). This new deferred compensation
program is very similar to the ICMA-RC plan, with a small difference in how the plan is
administered. Adoption of the Consent Agenda approved Resolution 2000-24, establishing the
plan as an additional option for City employees wishing to provide for future retirement needs.
Haas made motion, Leroux seconded, to adopt RESOLUTION 2000-24, A RESOLUTION
ADOPTING THE U.S. CONFERENCE OF MAYORS DEFERRED COMPENSATION
PROGRAM FOR THE CITY OF HUGO.
VOTING AYE: Barnes, Haas, Leroux, Petryk, Stoltzman
Motion Carried.
APPROVAL OF SEWER INTERCEPTOR EASEMENT WITH MET COUNCIL
The City Attorney prepared a sewer interceptor easement with the Metropolitan Council. Adoption
of the Consent Agenda approved the Sewer Interceptor Easement as submitted.
APPROVAL OF CHARITABLE GAMBLING LICENSE FOR THE DEAD BROKE
SADDLE CLUB
The Dead Broke Saddle Club made application to the City of Hugo for a charitable gambling
license to sell pull -tabs at the Blacksmith Lounge located at 17205 Forest Blvd. Adoption of the
Consent Agenda approved the charitable gambling license for the Dead Broke Saddle Club to sell
pull -tabs at the Blacksmith Lounge, as requested.
CREEKVIEW PRESERVE REQUEST FOR LETTER OF CREDIT TO REPLACE
ESCROW FUNDS
The engineer for Creekview Preserve subdivision requested that the City replace its escrowed
funds with a letter of credit to cover any future work necessary in the future. A report from the
City's Finance Director was provided to the Council for review and consideration. Adoption of the
Consent Agenda approved the request from the engineer for Creekview Preserve to replace its
escrowed funds with a letter of credit, as recommended by the City's Finance Director.
APPROVAL OF PAY REQUEST FOR WORK COMPLETED ON 130TH STREET LIFT
STATION
Dave Perkins Contracting submitted a pay request to the City Engineer for approval of work
completed on the 1301h Street lift station. The Engineer reviewed the pay request, and found it
represents the work completed to -date on the 130`h lift station. Adoption of the Consent Agenda
approved the pay request of Dave Perkins Contracting for work completed on the 130`h Street Lift
station.
REDUCE LETTER OF CREDIT FOR CREEKVIEW PRESERVE 2"D ADDITION
Backes Companies, developer for Creekview Preserve 2nd Addition, requested that the City reduce
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Page 4
the letter of credit for the 2"d Addition. Adoption of the Consent Agenda approved the request of
Backes Companies to reduce the letter of credit for Creekview Preserve 2"d Addition to
$147,625.00, as recommended by the City Engineer and Finance Director.
APPROVAL OF PAY REQUEST FOR WORK COMPLETED ON FENWAY BLVD
W. B. Miller submitted a pay request for the final work completed on the Fenway Blvd project.
The City Engineer reviewed the request, and recommended approval to the City Council.
Adoption of the Consent Agenda approved the pay request for final work completed on Fenway
Blvd., as recommended by the City Engineer.
SITE PLAN APPROVAL FOR DEKEL PROPERTIES. INC. dba PROTECTIVE
COATINGS TECHNOLOGY
On Tuesday, August 15, 2000, the developer for the DeKel Properties, Inc., project, Jim Kellison
submitted a letter to the City of Hugo hereby removing his site plan approval from City Council
agenda. Mr. Kellison is no longer interested in relocating this business in the City of Hugo, and
therefore, requested that the City take no further action on this issue.
Stoltzman made motion, Haas seconded, that the City publicly acknowledge the withdrawal of this
site plan application from further consideration, and that Mr. Kellison be thanked, by letter, for the
business opportunity, and that he will consider the City for future projects.
All aye. Motion Carried.
APPROVAL OF FINAL PLAT FOR ONEKA LAKE NORTH TOWNHOMES
North Suburban Builders, developer for Oneka Lake North Townhomes, submitted its final plat for
approval by the Council. This issue has been tabled at two previous Council meetings, and staff
was directed to meet with the developer and engineer to resolve a few issues. A preliminary plat of
the project and a landscaping plan has been submitted to the City by the developer in accordance
with Council directive. City staff has reviewed all application materials, and recommended to the
Council approval of the final plat for Oneka Lake North. A lengthy discussion continued as to the
status of Outlot A: 1) whether the final plat was a substantial departure from preliminary plat
approval; and 2) whether the proposed configuration of staged development, in light of the
proposed private street arrangement, is available.
Haas made motion, Petryk seconded, to table this matter until the Council meeting of September 5,
2000, to allow the developer and staff time to provide options for Outlot A, identify a second
emergency exit, and make available all required plans (landscaping, lighting, etc.,), as prescribed in
the Development Agreement.
All aye. Motion Carried.
The City Attorney will submit a revised Development Agreement for this development.
City Council meeting of August 21, 2000
Page 5
STATUS OF PRELIMINARY PLAT FOR WENZEL FARMS/VICTOR GARDENS
At its August 10, 2000, the Council agreed to extend the residential moratorium for another nine
months, or until May 2001. Len Pratt, developer for the Wenzel Farms/Victor Gardens
subdivision, spoke to Council, and requested that his preliminary plat for Wenzel Farms/Victor
Gardens be allowed to proceed since it was originally submitted in 1999, before the moratorium
took effect. Staff was directed to determine the status of the preliminary plat in accordance with
the original preliminary plat approved by the Council in 1999.
Barnes made motion, Haas seconded, to accept the recommendation of the City Attorney, and the
Community Development Director, that the preliminary plat be allowed to proceed through the
platting process with the standard review process as prescribed in City policy and State Statutes.
VOTING AYE: Barnes, Haas, Leroux, Petryk
VOTING NAY: Stoltzman
All aye. Motion Carried.
APPROVAL OF FINDINGS OF FACT FOR DENIAL OF LIQUOR LICENSE
APPLICATION FROM WOODY'S BAR & GRILL
At its August 7, 2000 meeting, the City Council, on a 2 -to -2 vote, denied the liquor license
application from Brad Smith dba Woody's Bar & Grill. The City Attorney submitted a draft
Findings of Fact, by which the Council denied the liquor license application, for Council approval.
Because Council member Barnes was absent from the August 7t' meeting, she was able to bring
this issue to the table for finiher Council action, which she chose to do. She stated that she had
numerous discussions with parties having an interest in this matter, and was willing to give Mr.
Smith the "benefit of a doubt". City Attorney Galler noted that Mr. Smith was a client of his law
firm, but that he had never met him.
Barnes made motion, Leroux seconded, that the City of Hugo issue an on -sale and off -sale liquor
license to Mr. Bradley Stuart Smith dba Woody's Bar & Grill, to sell liquor at the former Keystone
Lounge, located at 12010 Keystone Avenue North.
VOTING AYE: Barnes, Haas, Leroux, Stoltzman
VOTING NAY: Becky Petryk
Motion Carried.
GROUNDWATER ISSUES
Jon Michels, from the Washington County Public Health & Environment Department, attended a
recent City Council meeting at which time he provided expert testimony to the Council in regard to
groundwater issues in the City. He offered his expertise to the Council at a future date at which he
would discuss with Council groundwater issues facing the City now, and in the future. Mr.
Michels attended tonight's meeting to provide a groundwater primer in order that Council is
informed and educated about those critical drinking water issues the City will face in the future.
City Council meeting of August 21, 2000
Page 6
This information will be informative and useful to the Council when it meets on August 22nd to
discuss the JD2 litigation issue.
COUNTRY PONDS OUTLOT A (MAINTENANCE)
Councilman Haas attended the Parks Commission meeting of August 9`h at which time the use of
Outlot A in the Country Ponds residential subdivision was discussed. The Parks Commission felt
it was necessary to provide some level of maintenance to Outlot A. City staff discussed this issue
at a recent staff meeting, and determined that since it is a wetland area, any altering of it, whether it
is maintenance or otherwise, could be a violation of the Wetland Conservation Act. City Attorney,
Greg Galler, spoke with the Washington County Soil & Water Conservation District about Outlot
A in October 1998, and they informed him that we may mow the grass, but cannot fill or grade any
of the wetlands or alter the drainage patterns in any way. Since the City does not have the
personnel or equipment to maintain the site, City staff recommended that the City perform no
maintenance at this time.
Haas made motion, Barnes seconded, that City staff contact Sentence -To -Serve (STS) and request
that they clean up debris, clear brush, and mow the area known as Outlot A in the Country Ponds
subdivision at least once a year.
All aye. Motion Carried.
ACCEPT PLANS AND SPECS FOR WELL #3 AND AUTHORIZE ADVERTISEMENT
FOR BIDS
On February 7, 2000, the City Engineer was authorized to proceed with a project for well #3 and
water tower #3; a test well was also authorized as part of that project. The test well has been
completed, and results confirm that the location northwest of City Hall is a satisfactory location for
a production well. The estimated cost for construction of this well is S 100,000, not including
pumps or well house construction that will be bid near the completion of the project. The project
is proposed to be funded through the City's water utility.
Leroux made motion, Barnes seconded, to accept the plans and specs for well #3, and authorization
to advertise for bids.
All aye. Motion Carried.
TOBACCO ORDINANCE VIOLATION
City Attorney, Greg Galler, informed the City of a tobacco ordinance violation at the Carpenter's
restaurant at which an underage person purchased cigarettes from an employee, who was
subsequently cited for this violation of City ordinance. Since these violations are rare, the City
Attorney requested direction from Council as to what the City should do in prosecuting this
individual.
Barnes made motion, Leroux seconded, authorizing City staff to meet with the owner and take
City Council meeting of August 21, 2000
Page 7
necessary administrative action.
All aye. Motion Carried.
TEMPORARY MOBILE HOME PERMIT FOR DAVID SCHUMANN
Mr. David Schumann requested approval of a temporary home permit that would allow him to
place a mobile home on his property located at 7626 137' Street for a period extending from the
end August 2000 through December 15, 2000. The purpose of the permit is to allow the applicant
to live in the mobile home while the primary residence is under construction. City code allows the
Council to approve a temporary mobile home permit for a period not to extend two years.
Leroux made motion, Barnes seconded, that the Council approve the temporary mobile home
permit for David Schumann subject to the following conditions: 1) the applicant shall obtain a
septic system permit from Washington County for construction of a new septic system; 2) the
mobile home shall be connected to the septic system prior to occupancy; and 3) the mobile home
shall be removed from the property by December 31, 2000.
All aye. Motion Carried.
RESIGNATION FROM PLANNING COMMISSION (JIM KELLISONI
Mr. James Kellison submitted a letter of resignation from the City's Planning Commission that
would be effective upon action by the Council at its August 21, 2000 meeting. City staff
recommended that the Council accept the letter of resignation, and direct staff to do one of the
following options: 1) advertise for a new Planning Commission member taking into account that
there are two alternates currently serving on the Commission who may or may not be interested in
the position (Patrick Rooney and David Buller); or 2) as per the modification to the City ordinance
whereby the alternate Planning Commission member was established, simply have the Council
select one of the two alternate members to take the place of Mr. Kellison and advertise for the
alternate position.
Stoltzman made motion, Barnes seconded, to accept Mr. Kellison's letter of resignation from the
Planning Commission effective 8/21/00.
All aye. Motion Carried.
Leroux made motion, Petryk seconded, that the City advertise, and interview, applicants to fill the
vacancy on the Planning Commission, as per standard City policy. After the interview process, a
recommendation for replacement is to be made to the Council.
All aye. Motion Carried.
140TH STREET GUARDRAILS
The Council requested a cost estimate to upgrade 140'' Street, adjacent to Lake Plaisted to allow
City Council meeting of August 21, 2000
Page 8
for vehicular traffic. Public Work Superintendent, Chris Petree, reported that Class 5 aggregate
would cost about $11,000, and guardrails along the north and south sides of the road would cost
between $20,000 and $30,000, depending on style chosen. Rather than expend money at this time,
the Council chose to wait until the lake elevation- is determined by the BCWD. Staff was directed
to contact the Brown's Creek Watershed District to ascertain the lake level.
SEPTEMBER 23 HUGO FIRE DEPU/MUTUAL AID DRILL
Fire Chief, Joe McMahon, notified the Council that a Hugo Fire Department/mutual aid drill would
be held on Saturday, September 23, 8:00 am, at the site of the former David Schumann home.
Barnes made motion, Leroux seconded, to publish notice of the mutual aid drill on September 23,
2000, 8:00 am, at the David Schumann residence, to allow attendance by the Council.
All aye. Motion Carried.
IMPLEMENT ADOPTION OF RESOLUTION FOR CITY APPLICATIONS (VARIANCE.
SITE PLAN, ETC.)
At a recent City staff meeting, Community Development Director, John Rask, suggested that
Council use resolutions, instead of motions, when approving City applications for variances, site
plans, and other approvals. Staff agreed with John Rask in that it would allow not only the
Council, but also the City staff, to better track the application and review process for all City
applications. Since the resolution would incorporate any and all language that would spell out the
background under which the Council would make its decision. City staff recommended the
Council implement the adoption of resolutions for City applications for all future projects in the
City, and Council agreed.
DEVELOPMENT REVIEW COMMITTEE (JOHN RASK)
With the ever-increasing number and complexity of development applications, the City needs to
establish a formal procedure for the review of applications. City staff is developing an internal
procedure for the review of all development applications, including variances, site plans,
conditional use permits, preliminary and final plats, and rezonings. This basic approach includes
the creation of a Development Review Committee (DRC) that would consist of a variety of staff
members and contract employees, such as the City Engineer and Water Resource Engineer. The
purpose of the DRC is to provide a coordinated multi -departmental review and evaluation of
formal development applications.
These matters were discussed simultaneously with the Council. Although no formal action was
taken, the Council concurred with their implementation.
RECESS
Haas made motion, Leroux seconded, to recess at 11:00 pm, until Monday, August 28, 2000, at
7:00 pm, Rice Lake Park Building, to discuss site selections for the new City Hall.
All aye. Motion Carri d.
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