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HomeMy WebLinkAbout1999.03.01 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF MARCH 1. 1999 The meeting was called to order by Mayor Walter Stoltzman at 7:00 p.m. PRESENT: Barnes, Leroux, Petryk, Stoltzman City Administrator, Robert Museus City Attorney, Greg Galler City Engineer, Tom Angus City Clerk, Mary Ann Creager ABSENT: Chuck Haas ADDITIONS TO AGENDA Peloquin Industrial Park (Soil Borings Quote) Dangerous Dog Designation (Stole) Burning Permits (DNR Mandate) JD2 Update CONSENT AGENDA Stoltzman made motion, Petryk seconded, to approve the following Consent Agenda: General claims for March 1, 1999 Letter Regarding Removal of Damaged Buildings Firefighter Appointment (Fladeboe) 1999 Waste Haulers License Renewals All aye. Motion Carried. LETTERS REGARDING REMOVAL OF DAMAGED BUILDINGS Two buildings within the City have recently suffered from severe fire damage an accessory building at 7630 137th Street and a single family home at 4330 170th Street. Hugo City Code, Chapter 200-4, Subd 18, declares it a public nuisance to maintain fire -damaged buildings in the community The letters to the property owners, who have suffered the fire damage, notify them of this requirement, and provides them a specific time -frame in which to comply with the ordinance. If the property owners do not respond within the time -frame established, these matters, would by ordinance, require a hearing before the City Council. Adoption of the Consent Agenda approved the letters for mailing FIREFIGHTER APPOINT (FLADEBOE) The Council considered a letter from Fire Chief, Joe McMahon, requesting that Mr. Joshua J. Fladeboe, 5829 147th Street, be appointed as a probationary firefighter, subject to his successfully completing a physical examination. Adoption of the Consent Agenda appointed Mr. Fladeboe as a probationary firefighter. City Council meeting March 1, 1999 Page 2 1999 WASTE HAULERS LICENSE RENEWALS The City Clerk stated that the following firms are in compliance with the City's Solid Waste Management Ordinance, and recommended that their license to haul waste within the City be renewed for a one-year period: Gene's Disposal, Red Arrow, Maroney's Sanitation, Waste Management, DoAll Service, and Ace Solid Waste. Adoption of the Consent Agenda approved issuing the licenses as recommended by the Clerk. CITY COUNCIL MINUTES FOR FEBRUARY 16, 1999 Barnes made motion, Stoltzman seconded, to approve the minutes for February 16, 1999 as submitted. All aye. Motion Carried. SPECIAL USE PERMIT (SCANLAN) Mr. Wayne Scanlan, 17530 Henna Avenue, requested a SUP to construct a 44' x 70' accessory building on Gov't Lot 1, Section 4, T3 IN, R21 W, prior to construction of a home on the property. An existing nonconforming building is located on the property, which Mr. Scanlan uses to house horses. He has stated that he is intending to construct a home on the property within 18 months. Gov't Lot 1 does not have direct public road access, though Gov't Lot 2, which Mr. Scanlan also owns, fronts 175th Street. The PC considered this request at their meeting of February 24, 1999, and recommended approval of the SUP subject to special conditions. Barnes made motion, Leroux seconded, to approve the request of Wayne Scanlan, 17530 Henna Avenue, for a SUP to construct a 44' x 70' accessory building prior to construction of a house, subject to the following special conditions: I. The property owner is to combine Government Outlots 1 and 2, Section 4, T3 IN, R21W into one parcel of record. 2. Construction of a residence on the property is to commence within 18 months of the issuance of this SUP. 3. The existing 40' x 120' barn on the property shall be demolished and removed within twelve (12) months of the completion of the new barn. 4. The property is to provide the City with a letter of credit or cash deposit, in the amount of $10,000, to insure removal of the existing building and construction of the residence, as specified. 5. Use of the accessory building shall comply fully with the City's zoning ordinance. 6. Placement of the home on the property shall meet City on-site septic system and setback require- ments, unless a variance is granted by the Council. All aye. Motion Carried. 1999 LAW ENFORCEMENT CONTRACT The Council considered an agreement between the City of Hugo and the Washington County Sherit)'s City Council meeting of March 1, 1999 Page 3 Office for law enforcement services for 1999. The sheriff requested to make the contract open-ended so that it would not need to be renewed every year, except in the case of a change. The Sheriffs Department or the City could end the contract at any time after providing the other party written notice 180 days in advance. The contract does not include the fourth deputy as the COPS Grant Application has not yet been approved. Barnes made motion, Leroux seconded, to table this matter until the meeting of March 15, 1999. All aye. Motion Carried. PARKS COMMISSION INTRODUCTION Kathy Marier, chairperson of the City's Park Commission, introduced members of the Parks Commission to the Council (Nancy Chelmo and Bronwen Kleissler), and discussed the Commission's work plan. FIRE DEPARTMENT REPORT Afthe Council's request, Fire Chief, Joe McMahon, reviewed the Fire Department's 1998 annual report with the Council. PRELIMINARY PLAT (BEAVER PONDS PHASE 2) Oakwood Land Development, 1611 Highway 10, Spring Lake Park, MN., applied for preliminary plat approval for the second phase of the Beaver Ponds subdivision, consisting of 32 townhomes along the south side of 130th Street, east of Flay Avenue. This request was considered by the PC at their meeting of February 24, 1999, and recommended approval of the preliminary plat subject to the conditions contained in their Findings of Fact and Recommendations. Derek Passe, engineer for the development, was present to answer Council questions. Barnes made motion, Leroux seconded, to approve the preliminary plat for Beaver Pond, Phase 2, consisting of 32 townhomes along the south side of 130th Street, subject to the revised Findings of Fact and Recommendation. All aye. Motion Carried. BEAVER PONDS (COST-SHARING REQUEST) Oakwood Land Development, 1611 Highway 10, Spring Lake Park, MN., requested reimbursement, in the amount of $84,225.35, for sewer and watermain oversizing costs to be incurred as part of the Beaver Ponds development. Barnes made motion, Stoltzman seconded. directing the City Engineer to review this request and provide his report to the Council at the meeting of March 15, 1999. All aye. Motion Carried. City Council meeting of March 1, 1999 Page 4 ADMINISTRATIVE HEARING (HORTON SUP) An administrative hearing was scheduled for tonight's meeting to consider allegations and listen to evidence that the conditions of the SUP issued for 16705 and 16813 Forest Boulevard have been violated. Attorney Galler has had discussions with Mr. Horton's attorney, Dan Rosen, to see if this matter can be resolved administratively. Stoltzman made motion, Leroux seconded, to table this matter until the Council meeting of April 5, 1999, to allow discussions between City staff and Mr. Horton's representative in an attempt to resolve this matter administratively. All aye. Motion Carried. ALLEGED LIQUOR LICENSE VIOLATION (END ZONE) The City Attorney has provided the Council with allegations that Adrian Kramarczuk, operating the End Zone bar in the City of Hugo, violated the City's liquor ordinance by selling alcoholic beverages without a license. Stoltzman made motion, Barnes seconded, to schedule an administrative hearing on the City's civil penalty ordinance for March 15, 1999 to take evidence on the allegations to determine if Mr. Kramarczuk violated the City's liquor license ordinance, and if so, what penalties, if any, should be imposed. PLANNING COMMISSION APPOINTMENT Stoltzman made motion to appoint Tom Drewry to fill the vacancy on the Planning Commission. Motion failed for lack of second. Barnes made motion, Leroux seconded, to appoint Marie "Bunny" Peterson to till the vacancy on the Planning Commission created by the resignation of Ken Rubenzer. VOTING AYE: Barnes, Leroux, Petryk VOTING NAY Wally Stoltzman Motion Carried. ONEKA LAKE VIEW LANDSCAPING PLAN At the Council's request, North Suburban Development provided two options for construction of a bike trail along the north edge of Oneka Lake Boulevard, across the Oneka Lake View development, to provide buffer landscaping between the south cul-de-sac of the development and Oneka Lake Blvd. The developer requested Council comment and approval of one of the plans. Mayor Stoltzman felt that the trees were planted too close together, and that some other type of vegetation should be planted City Council meeting of March 1, 1999 Page 5 between the trees. The Council discussed the pros and cons of the proposed options: Option 1 had a curved trail; Option 2 was a straight trail, as well as responsibility of trail maintenance. Leroux made motion, Barnes seconded, to accept Option 1 (curved) for the bike trail for Oneka Lake View. VOTING AYE: Barnes and Leroux VOTING NAY: Petryk and Stoltzman Motion Failed. Stoltzman made motion, Petryk seconded, to accept Option 2 (straight) for the bike trail for Oneka Lake View. VOTING AYE: Petryk and Stoltzman VOTING NAY: Barnes and Leroux Motion Failed. Stoltzman made motion, Petryk seconded, that the developer for Oneka Lake View provide the City with a 30' trail easement along the -south side the proposed plat, with design to be determined at a later date. All aye. Motion Carred. 129TH STREET ROAD IMPROVEMENT At the Council meeting of February 1, 1999, the Council adopted a resolution assessing sewer and water improvements proposed for 129th Street, between Ethan Avenue and Elmcrest Avenue. The 30 - day appeal period for this assessment has lapsed, with one party filing an appeal to the assessment in district court, Glen Rehbein. Mr. Rehbein's assessment is proposed to be $24,135. Barnes made motion, Petryk seconded, to obtain an appraisal of the Rehbein property to determine improvement benefit. All aye. Motion Carried. Because results of the appraisal should not prevent continuation of the project Barnes made motion, Stoltzman seconded, to adopt RESOLUTION 1999-6, A RESOLUTION ORDERING IMPROVEMENT AND PLANS AND SPECIFICATIONS FOR THE 129TH STREET P. I. PROJECT. VOTING AYE: Barnes, Leroux, Petryk, Stoltzman Motion Carried. City Council meeting of March 1, 1999 Page 6 RAIL CROSSING IMPROVEMENTS At the Council's direction, the City Engineer prepared a feasibility study to lower the railroad crossings at 130th and 140th Streets, west of TH61, to improve traffic safety. Leroux made motion, Barnes seconded, to schedule a public hearing for April 5, 1999, at 7:05 p.m., to consider lowering the railroad crossings at 130th and 140th Streets. Each crossing is to be considered a separate project and voted upon accordingly. All aye. Motion Carried. ONEKA ESTATES STORMWATER POND The Council considered a letter from the RCWD agreeing to pay for the total cost of cleaning out the pond serving the Oneka Lake Estates subdivision to its designed configuration. The City will cooperate with this project in order to increase the size of the pond to serve the stormwater storage needs of Fenway Avenue, between 140th and 142nd Streets, and potentially provide stormwater storage for proposed improvements'to 140th Street and the railroad grade. Arnt Construction has agreed to perform the necessary work in the amount of $11,992, but due to the warm weather, it is possible that Arnt could not construct the improvements until the winter of 1999/2000. The contractor indicated he would wish to increase the project at this time to reflect changes in his labor costs. The Council may also wish to consider having this work performed as part of the 140th Street improvement project, if that project is ordered. It would be possible to bid this out as a totally separate project, but due to its scale, it will probably lead to higher costs. Stotlzman made motion, Barnes seconded, authorizing Arnt Construction to perform the necessary work on the Oneka Lake pond, based on a cost of $11,992. The RCWD shall be responsible for the majority of the cost incurred. All aye. Motion Carried. FENWAY AVENUE LANDSCAPING The Council has previously received Laurie McRostie's report recommending continuation of the landscaping plan for Fenway Boulevard, to between 140th and 142nd Streets, at an estimated cost of $20,400. In addition, the street lighting plan for Fenway Boulevard would also be continued into this area at a cost of 26,500 from NSP. It is expected that adequate funding will be available from the existing budget for Fenway Avenue, due to lower-than-expected prices for the project, as well as removal of certain sanitary sewer improvements from the project. Stoltzman made motion, Leroux seconded, authorizing continuation of the landscaping plan for Fenway Boulevard to between 140th and 142nd Streets, and a cost not exceed $47,000. All aye. Motion Carried. City Council meeting of March 1, 1999 Page 7 METRO GREENWAY GRANT REQUEST The state legislature has allocated $4,000,000 to the DNR for grants to local government units to purchase property and/or conservation easements in the metro area to establish greenways and remove environmentally -sensitive land from development. Applications for these grants are required to be submitted to the DNR by March 15, 1999. Because the City's Water Resource Engineer, Pete Willenbring, was meeting with Lino Lakes and the RCWD on this date to discuss this matter: Stoltzman made motion, Barnes seconded, to table discussion on this matter until the Council workshop to be held on March 3, 1999. All aye. Motion Carried. MUNICIPAL WATER SUPPLY ISSUES Mayor Stoltzman requested that discussion of the City's municipal water supply capacity be placed on this evening's agenda for discussion. Mayor Stotizman expressed concern with water pressure to the north as a result of new developments and extension of City water to the Peloquin Industrial Park. Council member Petryk questioned staff whether the City could charge per lot for the City to handle storm water runoff. Petryk made motion, Leroux seconded, directing the City Engineer to develop actual costs for sanitary sewer, water, and drainage trunk line fees for future developments. All aye. Motion Carried. 1999 CRACKFILLING/SEALCOAT PLAN The Council considered City's maintenance supervisor's recommended list of streets and cost estimates for crackfilling and sealcoating during 1999- This program is funded through the maintenance portion of the City's state aid street funds. Barnes made motion, Leroux seconded, to accept the Maintenance Supervisor's recommended list of streets for crackfilling and sealcoating during 1999. All aye. Motion Carried. MARCH 3RD MEETING The Council scheduled a meeting for 7:00 p.m., March 3, 1999, to consider City personnel and facility issues. No further Council action was necessary. CITY HALL ROOF The Council considered proposals by OSM and Trossen Wright for providing professional services to City Council meeting of March 1, 1999 Page 8 the City in replacement of the roof at City Hall. The proposals address the problem from difference perspectives. Trossen Wright is looking at performing a needs analysis to determine the cost benefit of replacing the roof at City Hall, while OSM provided a process from reviewing the structural need for the roof through construction supervision. Trossen Wright suggested a flat fee of $2,000 to construct a building needs study, which would include a cost estimate and recommendation for repair versus replacement of the roof and preparing and needs study to determine if the repair/replacement of the roof is an economically sound alternative. OSM inspected the roof, and indicated that it needs to be replaced in its entirety, with an estimated construction cost between $30,000 and $45,000. OSM estimates that it will cost $23,500 to design and supervise construction of the project, leading to a total project cost of between $53,500 and $68,500. This matter will be discussed further at the workshop to be held on March 3rd. COUNCIL MEETING LOCATION At the Council meeting of February 16, 1999, discussion took place about possibly moving the location of City Council meetings from City Hall to the Rice Lake Park Building. The Administrator stated that he had obtained a cost estimate of about $20,000 to bring cable to the building. This matter will be included in further discussions of facilities needs. PELOQUIN INDUSTRIAL PARK (SOIL BORINGS) The City Engineer obtained a quote from GME for soil borings for the Peloquin Industrial Park project, at a cost of $2,957. The Engineer to directed to obtain another quote for borings for the 129th Street public improvement project, at a cost of $700. Barnes made motion, Leroux seconded, authorizing GME to proceed with borings for the Peloquin Industrial Park and 129th Street public improvements, at a cost not to exceed $3,700. All aye. Motion Carried. DANGEROUS DOGS (STOLP) Because deputies have not responded to requests for a report on the status of the Stolp dog situation, the Administrator has requested assistance from Captain Don McGlothlin, the Sheriffs Department patrol supervisor. BURNING PERMITS (DNR) The City had received a letter from the DNR stating that burning permits will not be issued to Thommes and Thomas and Olsen Tree Service in the future. Councilman Leroux questioned whether the DNR had overstepped its boundaries, and if Hugo was being "singled out". Leroux made motion, Stoltzman seconded, directing the City Attorney to provide an opinion on whether the DNR has jurisdiction in burning issues in the City of Hugo. All aye. Motion Carried. City Council meeting of March 1, 1999 Page 9 JD2 COMMITTEE Councilman Leroux provided the Council with an update on the status of the JD2 petition. He stated that he will provide a tour to new RCW Board members of the area in question. Stoltzman made motion, Barnes seconded, to adjourn at 10:45 p.m. All aye. Motion Carried. J Mary Creager, Clerk ` City of Hugo