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HomeMy WebLinkAbout2000.09.05 CC MinutesMINUTES FOR THE CITY COUNCIL MEETING OF SEPTEMBER 5.2000 Mayor Walter Stoltzman called to meeting to order at 7:00 pm. PRESENT: Barnes, Haas, Leroux, Petryk, Stoltzman City Administrator, Michael Ericson Community Development Director, John Rask City Attorney, Dave Snyder City Engineer, Dave Mitchell City Clerk, Mary Ann Creager Mayor Stoltzman read a prepared letter stating that he would not be seeking reelection for personal reasons. He expressed his thanks to the Council and staff for supporting him during over the years, and encouraged residents to get involved in their community APPROVAL OF CITY COUNCIL MINUTES FOR AUGUST 21.2000 Barnes made motion, Haas seconded, to approve the minutes for August 21, 2000, as amended. All aye. Motion Carried. APPROVAL OF CITY COUNCIL MINUTES FOR AUGUST 22.2000 BUDGET MTG) Stoltzman made motion, Haas seconded, to approve the minutes for the budget meeting of August 22, 2000, as presented. All aye. Motion Carried. APPROVAL OF CITY COUNCIL MINUTES FOR AUGUST 22.2000 (EXE SESSION) Leroux made motion, Barnes seconded, to approve the minutes for the executive session of August 22, 2000, as presented. All aye. Motion Carried. APPROVAL OF CITY COUNCIL MINUTES FOR AUGUST 28.2000 Leroux made motion, Stoltzman seconded, to approve the minutes for August 28, 2000, as amended. All aye. Motion Carried. RON HARNACK (BOWSR) AND KENT LOKKESMOE (DNR) Mr. Hamack made a brief presentation regarding a water management framework plan that he said would result in a "win-win' solution for the current drainage issues facing the City of Hugo. He felt that everyone involved should sit down together and formulate a comprehensive plan for Hardwood Creek. Councilman Leroux stated that the City has been trying to get to the "table" for some time, without any progress. Mayor Stoltzman recognized the presence of Representative City Council meeting of September 5, 2000 Page 2 Ray Vandeveer; Senator Jane Krentz; RCWD Administrator, Kate Drewry; and Andrew Cardinal and Bob Hult, RCWD Board of Directors. No formal action was taken on this request. CONSENT AGENDA Petryk made motion, Haas seconded, to approve the following Consent Agenda: Approval of Claims Approval of Variance for John and Mary Olson (Setback) Approval of Local Water Resources Management Plan Grant from Met Council Approval of Reduction of Letter of Credit (Beaver Ponds P Addition) Reduction of Letter of Credit (Sweet Grass Meadows 2"d Addition) Reduction of Letter of Credit (Sweet Grass Meadows 3'd Addition) All aye. Motion Carried. APPROVAL OF CLAIMS Adoption of the Consent Agenda approved the claims for September 5, 2000 as presented. APPROVAL OF VARIANCE FOR JOHN AND MARY OLSON John and Mary Olson submitted a variance request to permit a 30' setback from the side lot line where a 40' setback is required, for the construction of a garage on their property located at 7097 177'" Street. On August 23, 2000, the Board of Zoning Adjustments reviewed the variance request, and recommended approval. City staff recommended approval of the variance since the proposal meets all the standards necessary for the Council to approve the variance. The seven -variance standards are listed in the staff report. Adoption of the Consent Agenda approved the variance, as requested. APPROVAL OF LOCAL WATER RESOURCES MANAGEMENT PLAN GRANT FROM MET COUNCIL The City of Hugo submitted a grant application to the Metropolitan Council for a local water resources management plan grant, and have been notified that the application was successful. The City would have a $5,000, 50/50 matching grant, to help develop a wetlands/storm water pond design and vegetation guidelines ordinance deemed necessary by the City. This grant application is part of a Twin Cities water quality initiative special project created by the Met Council. Adoption of the Consent Agenda approved acceptance of the $5,000 matching grant with direction to develop a work plan and revised budget in order that the Met Council can finalize the contract. APPROVAL OF REDUCTION OF LETTER OF CREDIT (BEAVER PONDS 5TH ADDITION) The developer of the Beaver Ponds 5'h Addition requested a reduction in the letter of credit. The original letter of credit was for $545,000, and it was based on an estimated construction cost of $436,180 for the development. Adoption of the Consent Agenda accepted the recommendation of Cit y Council meeting of September 5, 2000 Page 3 the City Engineer and allows reduction in the letter of credit to $125,000, which is 25% of the estimated total construction cost. REDUCTION OF LETTER OF CREDIT (SWEET GRASS MEADOWS 2ND ADDITION) The developer of this project requested a reduction in the letter of credit for the development. The original letter of credit was for $567,000, based on an estimated construction cost of $453,600. Glen Rehbein Cos., who is the project engineer, estimated the cost of the remaining work on the project at $33,000. Based on the information provided, and estimates of our own, the City Engineer determined the cost of the remaining work exceeds $90,000. Adoption of the Consent Agenda accepted the City Engineer's recommendation and allows reduction in the letter of credit to $113,400, which is 25% of the estimated total construction cost. F.7 REDUCTION OF LETTER OF CREDIT (SWEET GRASS MEADOWS 3RD ADDITION) The developer of this project requested a reduction in the letter of credit for the development. The original letter of credit was for $500,000, based on an estimated construction cost of $400,000. Glen Rehbein Cos., who is the project engineer, estimates the cost of the remaining work on the project at $25,200. Based on the information provided, and estimates of our own, the City Engineer has determined that the cost of the remaining work exceeds $80,000. Adoption of the Consent Agenda accepted the City Engineer's recommendation, and allows reduction in the letter of credit to $100,000, which is 25% of the estimated total construction cost. APPROVAL OF ORDINANCE APPROVING NINE-MONTH EXTENSION OF THE MORATORIUM ORDINANCE At its August 10, 2000 meeting, the Council agreed to adopt an ordinance approving a nine-month extension of the ordinance establishing a temporary development moratorium on residential development within the MUSA. The temporary development moratorium will be in effect until May 18, 2001, unless further extended, or unless earlier terminated by the Council, by resolution. Additional time is necessary to continue work on the following four items as identified in the interim ordinance as adopted by the Council on August 2, 1999, and they are as follows: 1) City staff requirements; 2) City space; 3) water issues; and 4) City zoning and subdivision standards. Stoltzman made motion, Haas seconded, to adopt ORDINANCE 2000-341, AN ORDINANCE APPROVING A NINE-MONTH EXTENSION OF THE INTERIM ORDINANCE ESTABLISHING A TEMPORARY DEVELOPMENT MORATORIUM ON RESIDENTIAL DEVELOPMENT WITH THE MUSA. VOTING AYE: Barnes, Haas, Petryk, Stoltzman VOTING NAY: Leroux Motion Carried. City Council meeting of September 5, 2000 Page 4 BUSINESS SUBSIDY AGREEMENT (SCHWIETERS PROPERTIES) The City of Hugo held a public hearing regarding the awarding of a business subsidy to, and the approval of a subsidy agreement with Schwieters Properties, pursuant to Minnesota Statutes, Section 116J.994, Subd. 5. The Schwieters brothers have proposed the construction of two 45,000 sq ft buildings on the vacant lot immediately adjacent to their new building, which was constructed next to the new Hugo Fire Hall. Mayor Stoltzman opened the public hearing, and there were no oral or written comments. Stoltzman made motion, Leroux seconded, to table this matter until the final draft of the TIF Agreement is ready for Council review and approval. All aye. Motion Carried. ONEKA LAKE VIEW NORTH (APPROVAL OF FINAL PLAT) At its August 21, 2000 meeting, the Council tabled action on approval of the final plat for Oneka Lake View North Townhomes so the developer could present different options for development of the remaining property owned by North Suburban Builders, specifically identified as Outlot A. The developer was instructed to provide options should RCWD restrict development on the property. Lastly, the developer was directed to submit a current landscaping plan. City staff has received the revised final plat that has been modified after a meeting the developer had with the RCWD. Additionally, City staff has received the updated/current-landscaping plan. The developer and City staff reviewed with the Fire Chief, the need for a secondary emergency access, and the Chief determined that an additional emergency access was not necessary. Before they would vote on the plat, Council members Barnes and Haas requested additional information on the status of Outlot A. Haas made motion, Barnes seconded, to table this matter until all information is provided to the City Council. VOTING AYE: Barnes, Haas, Leroux VOTING NAY: Petryk, Stoltzman Motion Carried. PELOOUIN INDUSTRIAL PARK FEASIBILITY STUDY This project has been evaluated by the City a number of times over the last eight years. The first report for this project was dated April 1993, and it has subsequently been modified a number of times since then. On April 3, 2000, the Council authorized the City Engineer to update a feasibility report from the most recent report dated January 1999, which was prepared by the former City Engineer, OSM. A number of meeting with residents and property owners have been held over the past six moths, and most recently, a neighborhood meeting on August 9th with the property owners in the industrial park, and those along TH61, south of 152i0 Street. In summary, the City Engineer has determined that the project is feasible. The feasibility report recommends assessments of $1,276,910, with the City funding component of $461,550 to cover the total estimated project cost of $1,738,460. City Council meeting of September 5, 2000 Page 5 Barnes made motion, Leroux seconded, to accept the feasibility report for improvements to Peloquin Industrial Park, and order a public hearing on Monday, October 2, 2000 at 7:00 pm. All aye. Motion Carried. CONDITIONAL USE PERMIT (KIEGER ENTERPRISES) On June 28, 2000, the Planning Commission recommended approval of a Conditional Use Permit (CUP) for Kieger Enterprises subject to conditions. On July 3, 2000, the Council considered the CUP and tabled action on the request in order for the Planning Commission to reconsider the application. The Council found that the conditions of approval were too vague because they did not address the vehicle repair business, storage of vehicles, and access for emergency vehicles. On August 23, 2000, the Planning Commission considered additional conditions of approval to address the concerns raised by the Council. City staff recommends approval of the CUP with the additional conditions. Stoltzman made motion, Barnes seconded, to adopt RESOLUTION 2000-25, A RESOLUTION APPROVING A CUP FOR KIEGER ENTERPRISES, INC., FOR AN ENVIRONMENTAL CLEAN-UP BUSINESS INCLUDING VEHICLE REPAIR FACILITIES, COLD STORAGE, EXTERIOR STORAGE OF VEHICLES AND EQUIPMENT, AND COMPANY OFFICES FOR PROPERTY LOCATED AT 5885 165T" STREET. VOTING AYE: Barnes, Haas, Leroux, Petryk, Stoltzman Motion Carried. The Council accepted the staff recommendation `B" option, which varied slightly from the PC recommendation. APPROVAL OF ENCROACHMENT AGREEMENT (JACK WUSSLER AND JEFF AND KATHY PETERSON Jack Wussler was issued a building permit by the City of Hugo to construct a home directly north of the Petersons, who reside at 12598 Ethan Avenue. The City has been directly involved in this project for more than a year, primarily because this is the last available empty lot on Bald Eagle Lake. City staff has either spoken directly or met individually and collectively with both Mr. Wussler and the Petersons on numerous occasions, and encouraged them to resolve this issue privately, but all attempts were unsuccessful. A concern for the Petersons is the drainage of Mr. Wussler's property on to the Petersons', and for the City, the drainage of storm water collected along Ethan Avenue, which is to be directed out to Bald Eagle Lake. The City is proposing an Encroachment Agreement, which would allow Mr. Wussler to construct a 4 ft retaining wall 5 ft from his home, and the construction of a wider swale, with 5:1 side slopes, to direct the water along the 10 ft drainage easement located on the Peterson property. Specifically, the City also proposes to exercise its rights to construct a drainage swale within a portion of the drainage easement on the Peterson property. City staff recommended that the Council approve the Encroachment Agreement, since it does not impact the Petersons' retaining wall, which has been constructed in the 10 ft drainage easement, but more importantly, it provides City Council meeting of September 5, 2000 Page 6 the best engineered option to allow proper drainage from Ethan Avenue to Bald Eagle Lake. Haas made motion, Leroux seconded, to adopt RESOLUTION 2000-26, A RESOLUTION APPROVING AN ENCROACHMENT AGREEMENT FOR JACK WUSSLER TO CONSTRUCT A RETAINING WALL WITHIN A DRAINAGE AND UTILITY EASEMENT ON PROPERTY LOCATED AT 12646 ETHAN AVENUE. VOTING AYE: Barnes, Haas, Leroux, Petryk, Stoltzman Motion Carried. APPROVAL OF VARIANCE AND SITE PLAN (WILSON TOOL) On August 23, 2000, the Planning Commission reviewed the proposed site plan for Wilson Tool to construct a 54,000 sq ft building addition on their property located at 12909 Farnham Avenue. Additionally, at its August 23, 2000 meeting, the Board of Zoning Adjustments reviewed the variance request to allow a 25 ft setback from their rear property line, which is the east property adjoining the railroad tracks, where a 30 ft rear yard setback is required within the City's comprehensive land use plan. The PC approved the site plan application by a unanimous vote; the Board of Zoning Adjustments approved the variance request by a unanimous vote. City staff recommended approval of the site plan and variance for Wilson Tool, as recommended by the Board of Adjustments and the PC. Leroux made motion, Haas seconded, to adopt RESOLUTION 2000-27, A RESOLUTION APPROVING SITE PLAN AND VARIANCE FOR WILSON TOOL FOR A BUILDING ADDITION ON PROPERTY LOCATED AT 12909 FARNHAM AVENUE. VOTING AYE: Barnes, Haas, Leroux, Petryk, Stoltzman Motion Carried. In conjunction with this application, the Council also discussed the need for a traffic signal at the 130' Street/TH61 intersection, and property taxes to be generated by the building addition. APPROVAL OF PRELIMINARY PLAT AND SITE PLAN (SCHWIETER'S PROPERTIES) The applicant, Schwieters Properties, is requesting approval of a preliminary plat to subdivide the existing parcel of land identified as Outlot A, immediate to the south of their property, into two lots; also, approval of a site plan to construct two 45,000 sq ft buildings. The applicant wishes to purchase the property from the City, and is requesting financial assistance in the form of Tax Increment Financing (TIF). Following approval of the preliminary plat and site plan, the Council will be asked to consider the Purchase Agreement for the sale of Lot 1. The Purchase Agreement will come back before the Council along with the final plat, Development Agreement, and Option Agreement for Lot 2. On August 23, 2000, the Planning Commission held a public hearing on the preliminary plat and site plan, and unanimously recommended approval. Other than the applicant, there was no one present who wished to speak on the item. Staff finds that the proposal meets all City Council meeting of September 5, 2000 Page 7 preliminary plat, site plan, and performance standards outlined in the City's comprehensive land use regulations. Council questioned the cost of fill for Parcel 2. This issue will be addressed in the final draft of the Purchase Agreement. Petryk made motion, Barnes seconded, to adopt RESOLUTION 2000-28, A RESOLUTION APPROVING PRELIMINARY PLAT AND SITE PLAN FOR SCHWIETERS CONSTRUCTION FOR PROPERTY LOCATED EAST OF FENWAY AVENUE AND SOUTH OF 140TH STREET. VOTING AYE: Barnes, Haas, Leroux, Petryk, Stoltzman Motion Carried. APPROVAL OF WALTER STOLTZMAN BUILDING EXPANSION The applicant is requesting approval to construct a 96 sq ft (8' x 12') addition to the existing auto repair building. The purpose of the addition is to provide a separate room in which to locate an air compressor and heating equipment to dramatically reduce noise levels in the shop area. Item K of the February 22, 1994 agreement, states that, "minor modifications to the auto repair building will be allowed to eliminate occupational and/or environmental hazards, provided that the City's consent is first obtained in writing." Staff found that the proposed addition is consistent with the original terms of the agreement, and the 96 sq ft addition would not intensify or expand the business, but rather provide a separate area to locate equipment for noise abatement. Barnes made motion, Petryk seconded, to adopt RESOLUTION 2000-29, A RESOLUTION APPROVING A BUILDING ADDITION FOR WALTER STOLTZMAN FOR PROPERTY LOCATED AT 8139 AND 8221 157TH STREET. VOTING AYE: Barnes, Haas, Leroux, Petryk ABSTAINED: Stoltzman Motion Carried. STOP SIGN REQUEST Four homeowners within Oakshore Park, which is located near the intersection of 126`h Street and Europa Avenue, requested that two stop signs be placed on 126`h Street at Europa Avenue. Becky Trossen, an Oakshore Park homeowner and Board member, initiated the petition along with three other homeowners. The request submitted was based on the speed along 12e Street, and a desire to increase safety for children in the area. The City Engineer reviewed the request and recommended that the Council deny the homeowners' request, but that a stop sign be installed on Europa Avenue, at 126d' Street. Petryk made motion, Barnes seconded, to accept the Engineer's recommendation to deny the request for stop signs at 126' Street and Europa Avenue, but accept his proposal to install a stop sign on Europa Avenue, at 1261h Street. All aye. Motion Carried. The Sheriffs Department is to be notified of the traffic speed problem on the roadway, and City Council meeting of September 5, 2000 Page 8 formally request that increased traffic patrol be conducted. Additionally, City staff will install a speed limit sign in the area. PROPOSED CULVERT UNDER 35E The RCWD held a meeting in June to follow up on a study that they had performed regarding the benefits and impacts associated with the installation of an additional culvert under I -35E. This culvert modification was proposed to increase the low -flow capacity of Clearwater Creek at its major restriction at I -35E. Water Resource Engineer, Pete Willenbring, suggested that the Council discuss the perspectives on the benefits and impacts of the project, and allow staff to provide feedback to RCWD concerning how the City would like to the project to proceed. A further review of the information developed by the District is necessary to clarify the benefits and impacts associated with the project. It is anticipated that the cost for this review and analysis would range from $2,000-$4,000, which could be folded in with the Everton Avenue study. The RCWD staff suggested that WSB review the general impacts and benefits of the project with the Council, and that a decision be made based on the needs benefit and impact associated with adding the culvert at I -35E. Pete Willenbring was present to discuss this issue with the Council. Barnes made motion, Leroux seconded, that the City send a letter to the RCWD stating that the City Council will defer action on this issue until completion of the Everton Avenue study since it deals with FEMA and elevations for the 100 -year floodplain. All aye. Motion Carried. As requested by the Council, Water Resource Engineer, Pete Willenbring, prepared a Scope of Services to replace the two culverts crossings along Hardwood Creek, located at 157' Street and 165'h Street. The Council's desire is to provide additional culvert capacity or replace the newly constructed culverts with a bridge or multiple culverts that would have hydraulic capacity equal to the original construction design ditch cross section. The estimated cost to complete the work is approximately $14,000-$21,000. Barnes made motion, Leroux seconded, that the City Council pass RESOLUTION 2000-30, A RESOLUTION OUTLINING THE CITY'S INTENT TO INSTALL TWO CULVERTS, OVER WHICH WE HAVE JURISDICTION, TO A PROPER CAPACITY AND ELEVATION AT THE TIME THE ENTIRE JD2 PROJECT IS DESIGNED AND AGREED UPON. VOTING AYE: Barnes, Haas, Leroux, Petryk, Stoltzman Motion Carried. RESOLUTION SUPPORTING LMC BUILDING QUALITY COMMUNITIES AND CITIES WEEK (OCTOBER 8-14.2000) The LMC Board of Directors, in preparing its agenda for the coming legislative session, is asking City Council meeting of September 5, 2000 Page 9 for support of local cities in the form of an accompanying resolution, identifying the City of Hugo as a participant of the LMC Building Quality Communities effort. In addition, annually each year, during LMC Minnesota Cities Week, planned for the week of Oct 8-14, 2000, communities in the State of Minnesota pledge their support for building quality communities through a series of programs and activities to involve local youth and residents. Barnes made motion, Leroux seconded, to adopt RESOLUTION 2000- 31, A RESOLUTION SUPPORTING THE EFFORTS OF THE LMC AND THE CITY OF HUGO'S COMMITMENT TO JOIN IN "MINNESOTA CITIES: BUILDING QUALITY COMMUNITIES. VOTING AYE: Barnes, Haas, Leroux, Petryk, Stoltzman Motion Carried. ADOPTION OF RESOLUTION CERTIFYING CITY TAX LEVY At its budget workshop on August 22, 2000, the Council listened to a 2001 budget overview from the City's Finance Director and the City Administrator in preparing for the setting of the City's tax levy, which must be approved by the Council, and certified to the State Auditor, by September 15, 2000. As the Council is aware, the Council can set a levy at this time, but it cannot be increased when adoption of the budget and certification of the City's levy is set later this year. The City levy can only be reduced from the certified level. Stoltzman made motion, Barnes seconded, to adopt RESOLUTION 2000-32, A RESOLUTION CERTIFYING THE CITY'S TAX LEVY AT A 3% LEVY INCREASE OVER THE 2000 LEVY. All aye. Motion Carried. RICCI'S RESTAURANT PARKING AND ONEKA LAKE BLVD. Council member Barnes was informed by a local resident of their concern for patrons parking at Ricci's Restaurant on the south side, and either backing on to, or driving immediately on to Oneka Lake Blvd. Their concern is an issue of safety, and the resident desires some action by the Council. City staff will review the resident's concern, as well as possible vehicle obstructions for access to TH61. NOR -LAKES OPEN HOUSE Mayor Stoltzman stated that Nor -Lakes, located in the Bald Eagle Industrial Park, will have an Open House on September 21, 2000, between 5pm and 7pm. All are invited. WATER TOWER SITE City Engineer, Dave Mitchell, provided an update to the Council regarding recent discussions on finalizing a site location for the new water tower on the Martha Peltier property. City Council meeting of September 5, 2000 Page 10 SOCCER FIELD SEEDING AND IRRIGATION BEAVER PONDSI The Parks Commission discussed the construction of a soccer field near the Beaver Ponds subdivision, and subsequently recommended that the Council approve the installation of an irrigation system and grass seeding for the new field. The developer, John Peterson, agreed to have this work done, with the City paying for the cost of seeding. Repeated contacts from the Parks Commission staff person, Laurie McRostie, have been unsuccessful, until most recently, when she contacted the irrigation vendor who agreed to do the work. City Engineer, Dave Mitchell, stated that he is trying to secure a quote from American Irrigation; otherwise, the City will have Mr. Peterson do the work. CITY COUNCIL - CITY TOUR Some months ago, Public Works Director, Chris Petree, was directed by the Council to set up a City Council tour of the Apple Valley water works department, in order that Council have the opportunity to tour a water treatment facility, city well, and public works facility. Due to weather and conflicting schedules, this tour never took place. After the lift station power outage on Sunday, it is appropriate for the Council to set up a City tour so that Council members have an opportunity to visit water treatment facilities, city wells, and more importantly, with Washington County turning back its public works operation to the City to see first-hand a full-scale public works garage. City staff requested that the Council select a date and time should they desire such a tour, at the City of Maplewood which is closer, as well as a full-service community with a complete public works and engineering department. The Council declined to schedule the tour, and suggested it be offered to the "new" Council in January 2001. FYI Councilman Leroux informed the Council that he had sold 120 acres to Oakwood Land Development. The land is not in the MUSA, and would probably not be developed for another 15 years. He felt this information was necessary to squelch rumors of impropriety. RECESS Stoltzman made motion, Leroux seconded, to recess tonight's meeting at 10:57 pm, until Thursday, September 7, 2000, 10:00 am, at the law firm of Greene Espel. As this is an executive session, the public is not able to attend. All aye. Motion Carried. Mary Ann Creager City Clerk