HomeMy WebLinkAbout2000.09.18 CC MinutesMINUTES FOR THE CITY COUNCIL MEETING OF SEPTEMBER 18.2000
Mayor Walter Stoltzman called the meeting to order at 7:00 pm.
PRESENT: Barnes, Haas, Leroux, Petryk, Stoltzman
Community Development Director, John Rask
City Attorney, Dave Snyder
City Engineer, Dave Mitchell
Water Resource Engineer, Pete Willenbring
City Clerk, Mary Ann Creager
ADDITIONS TO AGENDA
K.1. Letter from Met Council RE: Town Hall Meetings on Operations and Performance (Stoltzman)
K.2. Discussion on Council Compensation (Leroux)
K.3. Schedule Workshop for New Council in November/December (Haas)
L.2. Update Council on Clearwater Creek Subdivision in Lino Lakes (Rask)
APPROVAL OF COUNCIL MINUTES FOR SEPTEMBER 5.2000
Leroux made motion, Barnes seconded, to approve the minutes for September 5, 2000, as amended.
All aye. Motion Carried.
APPROVAL OF EXECUTIVE SESSION MINUTES FOR SEPTEMBER 7.2000
Barnes made motion, Leroux seconded, to approve the minutes for September 7, 2000, as submitted.
All aye. Motion Carried.
CONSENT AGENDA
Haas made motion, Leroux seconded, to approve the following Consent Agenda:
Approval of Request for Payment No. 2 by Dave Perkins Contracting (13& Street Lift Station)
Approval of Reduction in Letter of Credit for Townhomes of Bald Eagle Lake
Approval of Lawful Gambling License for Raffle at Wild Wings of Oneka
All aye. Motion Carried.
APPROVAL OF REQUEST FOR PAYMENT NO.2 (130TH STREET LIFT STATION)
The City Engineer reviewed the application for payment from Dave Perkins Contracting, Inc., and
recommended the Council let payment be made. Adoption of the Consent Agenda accepted the City
Engineer's recommendation to make payment No. 2, in the amount of $110,421.35, to Dave Perkins
Contracting, Inc., for the 130' Street lift station.
City Council meeting of September 18, 2000
Page 2
APPROVAL OF REDUCTION IN LETTER OF CREDIT FOR TOWNHOMES OF BALD
EAGLE LAKE
The developer requested a reduction in the letter of credit for the project. The City Engineer reviewed
the Development Agreement and verified that the original letter of credit was for $821,800, which was
based on an estimated construction cost of $657,440. Royal Oaks Realty, Inc., estimated the work to -
date on the project to be approximately 90% complete. Based on the information provided, and the
City Engineer's estimate, the cost of the remaining work does not exceed $130,000. Adoption of the
Consent Agenda accepted the City Engineer's recommendation to allow reduction in the letter of credit
to $164,360, which is 25% of the estimated total construction cost.
APPROVAL OF LAWFUL GAMBLING LICENSE FOR RAFFLE OF WILD WINGS OF
ONEKA
The applicant, Indianhead Scouting/BSA, made application to the City to conduct a raffle at the annual
pheasant hunt at Wild Wings of Oneka on September 26, 2000. The application for Authorization for
Exemption from Lawful Gambling License was been completed in accordance with state and local
ordinance. Adoption of the Consent Agenda approved the issuance of a gambling license to
Indianhead Scouting/BSA, to conduct a raffle at Wild Wings on September 26, 2000, and waive the
30 -day waiting period.
APPROVAL OF CLAIMS
Council questioned the claims for Ron Istvanovich (tree watering) and Paul Haik (JD2 litigation).
Leroux made motion, Stoltzman seconded, to approve the claims for September 18, 2000, as
submitted.
All aye. Motion Carried.
APPROVAL OF AMENDED CDBG COOPERATIVE AGREEMENT WITH WASHINGTON
COUNTY
The City has been notified by Washington County that additional qualification requirements are
necessary for the City's participation in the Community Development Block Grant Program, which
will be administered locally by Washington County. As the Council is aware, the City had previously
approved a Cooperative Agreement, and this amended Agreement is necessary to be in accordance
with federal guidelines that state the HOME Investment Partnership Program be included. A sample
copy of the CDBG with the changes highlighted was provided for the Council review.
Petryk made motion, Barnes seconded, to adopt RESOLUTION 2000-33, A RESOLUTION
APPROVING WASHINGTON COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) COOPERATION AGREEMENT.
All aye. Motion Carried.
City Council meeting of September 18, 2000
Page 3
APPROVAL OF TIF. FINAL PLAT, PURCHASE AGREEMENT, AND DEVELOPMENT
AGREEMENT (SCHWIETERS PROPERTIES)
At its September 5, 2000 meeting, the Council approved the preliminary plat and site plan for
Schwieters Properties and its desire to construct two 45,000 sq ft buildings immediately south of their
business on Fenway Blvd. As a follow-up to these issues, the Council considered the approval of the
TIF plan, the final plat, Purchase Agreement, and Development Agreement. City staff, including the
City Attorney and bond counsel, met with the developer to review the plan and all related financial
details. The City Attorney prepared the TIF Agreement, which has been reviewed and revised by Mary
Ippel, bond counsel from Briggs and Morgan, and is herewith submitted for final approval. The final
plan, Purchase Agreement, and Development Agreement have all been reviewed by City staff and the
City Attorney, and are also hereby submitted for final approval. City staff recommended approval of
all four items and adoption of the proposed resolutions. After a lengthy review of the proposed
documents:
Barnes made motion, Leroux seconded, to adopt RESOLUTION 2000-34, A RESOLUTION
APPROVING FINAL PLAT AND DEVELOPMENT CTIF AGREEMENT FOR SCHWIETERS
CONSTRUCTION FOR PROPERTY LOCATED EAST OF FENWAY AVE AND SOUTH OF
140TH ST.
All aye. Motion Carried.
Stoltzman made motion, Barnes seconded, to adopt RESOLUTION 2000-35, A RESOLUTION
AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN A PURCHASE AGREEMENT AND
OPTION AGREEMENT FOR THE SALE OF PROPERTY TO SCHWIETERS CORPORATION.
All aye. Motion Carried.
WATER TOWER SITE SELECTION
At its September 5, 2000 meeting, the Council heard an update from the City Engineer, Dave Mitchell,
in regard to the siting of the new water tower on the Martha Peltier property. Staff informed Council
that the developer of the property is working with City staff as to the location of the water tower within
a proposed new subdivision. Staff was directed to contact the developer and bring back to Council a
concept plan for review. It is staffs desire to work closely with the developer in order that the City not
have to exercise its eminent domain powers to locate the water tower on Martha Peltier's property.
City Engineer, Dave Mitchell, stated that after discussions with the developer, a concept plan should
be delivered to the City on Thursday (9/21/00).
Stoltzman made motion, Petryk seconded, to table this matter until the meeting of October 2, 2000.
All aye. Motion Carried.
SITE LOCATION FOR NEW CITY HALL
At a specially called meeting on September 11, 2000, the Council listened to a presentation from Bob
City Council meeting of September 5, 2000
Page 4
Russek, chief architect for BRA, who shared with Council the five locations for a new City Hall,
which included the following: 1) the property immediate to the east of City Hall across Fitzgerald
Avenue; 2) the Marier property located south of that property; 3) the Wenzel Farms property; 4) the
Roy Molitor property; and the Brusch property on Fenway Blvd. A site selection committee made up
of Councilman Jim Leroux, Bob Russek, and Michael Ericson developed a matrix with 21 criteria
suggested by the Council at a specially called meeting on August 28, 2000 whereby all sites could be
graded and rated according to a variety of site selection criteria. The Council agreed that the location
of the new City Hall should be within an area within the former Village of Hugo, and also that area
within Wenzel Farms. All five sites were located within this development area. As directed, staff
developed a proposed road and street realignment, along with a proposed vacation of any streets as
necessary, for Council review. The City Administrator had a side visit at Hugo Elementary School,
and spoke with the principal. Additionally, he also spoke with the Superintendent of schools for WBL
as to the availability and reuse of Hugo Elementary School in the future. A school district task force
member, who is exploring space needs, including the review of the space needs at Hugo Elementary
School, will present a report to the School Board in April 2001. The Council thoroughly reviewed the
five site options, along with related acquisition costs and timing for completing this phase of the
project.
Barnes made motion, Leroux seconded, directing City staff to make an initial offer to the owner of
the property immediately north of Site B for discussion, at a price not to exceed $125,000, and report
to the Council at their special meeting of September 25, 2000.
VOTING AYE: Barnes, Haas, Leroux
VOTING NAY: Petryk, Stoltzman
Motion Carried.
PETITION FOR IMPROVEMENT MONA AVENUE)
As Council is aware, the City received a petition for a rural section road improvement project for Fiona
Avenue many months ago. The City Engineer reviewed the petition and discovered that the area is
actually in the urban service area, which suggests that the road should have municipal utilities and
concrete curb and gutter installed. City staff brings this issue to the Council for discussion and
direction regarding either the approval or the denial of the petition for the rationale that it is within the
urban service area, which prescribes a higher road construction standard. The Council agreed that the
City needed to establish policy development standards for petitions for road improvements.
Leroux made motion, Petryk seconded, that the City deny the petition and suggest the property owners
resubmit their petition under the new standards.
All aye. Motion Carried.
ACCEPT FEASIBILITY REPORT AND ORDER PUBLIC HEARING (132ND STREET)
Property owners on 132"d Street petitioned the City for a street improvement project for their road.
The Council accepted the petition and found it to be valid, and ordered the City Engineer to prepare a
report and hold a neighborhood meeting with the property owners. The City Engineer and the City
City Council minutes for September 18, 2000
Page 5
Administrator held the meeting with property owners, and subsequently, another petition was
presented to the City requesting that the City halt, stop, or cancel the improvement project. This
information was presented to the Council at a recent meeting with staff's recommendation that the
project be cancelled. The Council authorized staff to proceed with the appraisal of the property that
would be completed and incorporated into the feasibility report and a subsequent public hearing. With
an overwhelming response from the property owners who have requested that the project be stopped
primarily due to cost, staff recommended that the Council accept the feasibility report and order a
public hearing for the 132nd Street improvement project with the full understanding that financially,
according to the appraisal report, the City would have to pick up a full 50-55% of the $1.1 million
project cost.
Stoltzman made motion, Haas seconded, to accept the feasibility report and order a public hearing for
October 16, 2000, at 7:00 pm, for the 132nd Street improvement project.
VOTING AYE: Haas, Leroux, Petryk, Stoltzman
ABSTAINED: Debra Barnes
Motion Carried.
STORM DRAINAGE IMPROVEMENTS TO THE ETHAN/126TH STREET FOR THE
WUSSLER/PETERSON PROPERTY
At its September 5, 2000 meeting, the Council approved an Encroachment Agreement with Mr. Jack
Wussler to construct a retaining wall on his property within the drainage easement, parallel to his
property with the Petersons'. The City Engineer had proposed two methods to provide for storm water
drainage out to Bald Eagle Lake, as outlined in his report dated 9/13/00. Staff reviewed with the
RCWD the option of using an underground culvert, and the City Engineer determined that this is not
feasible. City staff recommends that the Council order a storm drainage improvement project in the
easement located on the property line between Mr. Wussler and Mr. Peterson, with above ground
drainage with 5:1 side slope. Mr. Peterson requested that the City table this matter and allow him to
get another engineering opinion.
Barnes made motion, Haas seconded, that the City reimburse Jack Wussler $800 for half the cost of
construction of a swale on his property. The City Engineer is directed to obtain a quote for
construction of a wider and shallower swale on the Wussler property, as well as a quote to correct the
plugged culvert under Ethan Avenue, and report to Council at a meeting in October 2000.
VOTING AYE: Barnes, Haas, Leroux, Stoltzman
ABSTAINED: Becky Petryk
Motion Carried.
AWARD OF CONTRACT FOR FINAL GRADING AND SEEDING BEAVER PONDS
SOCCER FIELD)
American Irrigation and Turf Supply provided a quotation of $5,100 to grade and seed the soccer field
at Beaver Ponds Park. As Council was aware, this company was awarded the irrigation contract in
November 1999, as well. The developer rough graded the soccer field at Beaver Pond Park in 1999 as
City Council meeting of September 18, 2000
Page 6
part of the development project. The developer also agreed to do the final grade work and seed the
field. The City agreed to pay him $4,500 for this additional work. This issue was recorded in the
Development Agreement. Although this quotation is more expensive than the original price, the City
Engineer's office recommends the Council award the contract to American Irrigation and Turf Supply
in the amount of $5,100 for the final grade work and seeding. Scheduling the work under one
contractor should result in a higher quality project, which would be completed this fall.
Barnes made motion, Haas seconded, to award the contract for final grading and seeding the Beaver
Ponds soccer field to American Irrigation and Turf Supply at a cost of $5,100.
All aye. Motion Carried.
SCHEDULE WORKSHOP WITH SWEET GRASS MEADOWS NEIGHBORS
On September 7, 2000, City staff held a meeting with the Sweet Grass Meadows neighbors in regard to
the condition of the ditch along Oneka Lake Blvd. The developer, Rocky Goertz, had proposed
construction of a wetland in this area. Tony Brough, from the RCWD, City Engineer, Dave Mitchell,
and the City Administrator presented residents with findings of fact in regard to this issue. Mayor
Walter Stoltzman and Council member, Chuck Haas, were also in attendance at this meeting. City
staff proposed four options to the residents, and those resulted in a great number of questions and
responses from City staff.
Leroux made motion, Barnes seconded, that the Council call for a workshop on Monday, September
25'', at 7:00 pm, Rice Lake Park Building, with the Sweet Grass Meadows neighbors to determine a
final course of action that would be satisfactory to the residents. This meeting would be only for the
purpose of addressing the issues related to the ditch along Oneka Lake Blvd.
All aye. Motion Carried.
EVERTON AVENUE STUDY AND WORK PLAN
During the past year, City officials, residents, property owners, and developers have been meeting to
discuss development issues in the area surrounding Everton Avenue. The Everton Avenue study, as it
has been called, was the result of an original study started as part of the HHM park feasibility study
authorized by the Council more than one year ago. In December 1999, the Council directed staff to
prepare a feasibility report for the proposed Everton Avenue study. A financing committee was
formed to research potential funding options to prepare a master -planning guide for the Everton
Avenue area. On August 29, 2000, the financing committee presented its findings to the Everton
Avenue neighborhood. The meeting was attended by 30 people. The group, as a whole, endorsed the
scope of the work and proposed financing plan. No one in attendance objected to the study or the
proposed method of financing the study. City staff recommended that the Council accept the work
program and preliminary financing plan developed by the financing committee.
Barnes made motion, Petryk seconded, to adopt RESOLUTION 2000-36, A RESOLUTION
APPROVING AN APPLICATION FOR A LOCAL PLANNING ASSISTANCE LOAN AND
DIRECTING ITS SUBMISSION TO THE METROPOLITAN COUNCIL.
All aye. Motion Carried.
City Council meeting of September 18, 2000
Page 7
BID AWARD FOR CONSTRUCTION OF WELL #3
The Council authorized plans and specs to be prepared by the City Engineer for the construction of
well #3, and authorized that the project go out for bid. The City Engineer opened bids on September
15, 2000, with the following results: Traut Wells, Inc. ($82,240), and Key Well Drilling ($95,762).
Barnes made motion, Leroux seconded, to accept the City Engineer's recommendation and award the
bids for construction of well #3 to Traut Wells, Inc., in the amount of $82,240.
All aye. Motion Carried.
EXECUTIVE SESSION
Leroux made motion, Barnes seconded, to go into executive session at 10:15 pm, to include property owners
named as plaintiffs, for the purpose of discussion of JD2 litigation.
All aye. Motion Carried.
ESTABLISH INTERVIEW COMMITTEE TO FILL PC VACANCY
At its September 5, 2000 meeting, Community Development Director, John Rask, informed the
Council that he had received a number of applicants who were interested in the vacancy on the PC.
Stoltzman made motion, Leroux seconded, that the City Council interview candidates to fill the
existing Planning Commission vacancy.
All aye. Motion Carried.
Mayor Stoltzman informed the Council of Town Hall Meeting dates set by Met Council to review their
operations and performance.
COUNCIL COMPENSATION
Leroux made motion, Barnes seconded, to increase the salary for the Mayor and City Council, effective
January 1, 2001, as follows: Mayor, $125.00 per meeting; Council, $100.00 per meeting.
VOTING AYE: Barnes, Leroux, Stoltzman
VOTING NAY: Haas and Petryk
Motion Carried.
City Council meeting of September 18, 2000
Page 8
RECESS
Barnes made motion, Leroux seconded, to recess tonight's meeting at 11:00 pm until Monday,
September 25, 2000, at 7:00 pm, Rice Lake Park Building, to further discuss issues at the Sweet Grass
Meadows development.
All aye. Motion Carried.
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Mary City Clerk