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HomeMy WebLinkAbout1999.04.19 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF APRIL 19. 1999 The meeting was called to order by Mayor Stoltzman at 7:00 p.m. PRESENT: Barnes, Haas, Leroux, Petryk, Stoltzman City Administrator, Robert Museus City Engineer, Tom Angus City Clerk, Mary Ann Creager ADDITIONS TO AGENDA John Waller (Report on Water Study) CONSENT AGENDA Petryk made motion, Haas seconded, to approve the following Consent Agenda: City Council minutes for April 5, 1999 Council minutes for April 12, 1999 Findings of Fact (Wurzer) Change Order #2 (Clearwater Creek Improvement Project) Final Plat Approval (Francine's Meadows) Charitable Gambling License (Eagles) VOTING AYE: Haas, Petryk, Stoltzman Barnes voted AYE for all except the City Council minutes from which she ABSTAINED. Leroux voted AYE for all except minutes for April 12, 1999 from which he ABSTAINED. Motion Carried. FINDINGS OF FACT (WURZER) The Council considered Findings of Fact prepared by the City Attorney regarding the application of Brian and Mary Jo Wurzer, 8126 165th Street, for a SUP to construct a wind -powered generator on their property. Adoption of the Consent Agenda approved the Findings of Fact as presented. CHANGE ORDER NO.2 (CLEARWATER CREEK IMPROVEMENT PROJECT) The Council considered the project engineer's recommendation to approve Change Order No. 2 to the Clearwater Creek P. I. project, increasing the amount of the project by $9,900. The Change Order represents payment to the contractor for additional excavation performed during construction of stormwater holding ponds along the Creek. Adoption of the Consent Agenda approved the Change Order as presented. FINAL PLAT APPROVAL (FRANCINE'S MEADOWS) At the Council meeting of April 5, 1999, the Council tabled approval of the final plat of the subdivision known as Francine's Meadows until the developer had obtained all necessary permit for the project. Since the last Council meeting, the developer has provided the City copies of their permits from the City Council meeting of April 19, 1999 Page 2 RCWD, the Minnesota Department of Health, MPCA, and Washington County. Adoption of the Consent Agenda approved the final plat for Francine's Meadows. CHARITABLE GAMBLING LICENSE (EAGLES) The Eagles Aerie 94 of Stillwater requested a charitable gambling license to conduct gambling operations at the Keystone Lounge, 12010 Keystone Avenue. Adoption of the Consent Agenda approved the Charitable Gambling License for the Eagles to sell pulltabs at the Keystone Lounge located at 12010 Keystone and waiver of the 30 -day waiting period. GENERAL CLAIMS FOR APRIL 19.1999 Haas made motion, Stoltzman seconded, to approve the claims for April 19, 1999, with the removal of payment of $104,974.38 to Loef el-Engstrand. All aye. Motion Carried. CLAIM FOR DAMAGES (CARDINAL) The City received a claim from Cardinal Brothers, 6657 Centerville Road, for damages done to their corn crop planted on Roy Molitor's property, during the summer of 1998. They claim that approximately 2.67 acres of corn were damaged during the construction of Fenway Boulevard, and are seeking restitution in the amount of $1,096.73. The City Engineer estimate is slightly over two acres of the cornfield may have been damaged during construction. Because Councilman Leroux felt that the charge for the corn was "steep": Barnes made motion, Haas seconded, to offer Cardinal Brothers payment of $900 for their corn -crop loss. All aye. Motion Carried. PUBLIC HEARING (PHASED DEVELOPMENT OF MAJOR SUBDIVISIONS) A public hearing was held to consider adoption of an ordinance amending Chapter 290 of the City Code to allow phase development of major subdivisions without the necessity of obtaining preliminary plat independently for successive phases. The hearing was opened and there were no oral or written comments. Leroux made motion, Barnes seconded, to adopt ORDINANCE 1999-332, AN ORDINANCE AMENDING CHAPTER 290 ENTITLED "SUBDIVISION' BE ALLOWING FOR PHASED DEVELOPMENT OF MAJOR SUBDIVISIONS. VOTING AYE: Barnes, Haas, Leroux, Petryk, Stoltzman Motion Carried. City Council meeting of April 19, 1999 Page 3 PRESENTATION (CORDELIA PIERSON, TRUST FOR PUBLIC LANDS) Ms. Cordelia Pierson, representing the Trust of Public Lands, addressed the Council to discuss her agency's program with the Council, specifically, the Green Corridor Project. PRESENTATION (DAVID PIGGOTT, METRO EAST DEVELOPMENT PARTNERSHIP) Mr. Piggott appeared before the Council to discuss his agency's programs, and requested consideration of membership in his organization at year 2000 budget time. JOHN WALLER (SUBMISSION OF REPORT) Mr. Waller presented the Council with a draft copy of the water study to be presented to the Washington County Board of Commissioners at their meeting of May 4, 1999. The Board will received comments on the report at this meeting. OAKSHORE PARK PUBLIC II"ROVEMENT PROJECT Because two Council members were absent at the Council meeting of April 5, 1999, the Council tabled action of the proposed improvements in the Oakshore Park subdivision until this evening. The Council received, by letter, the City Attorney's opinion on the votes required to order this project. The Council discussed ways the project cost could be reduced to lower the City's contribution of $264,000 towards the project's cost. Council members Haas and Barnes felt that property owners are not paying enough of the costs relative to benefit received. Haas questioned whether the park located in the subdivision could be assessed (possibly 17 lots if divided). Council member Petryk felt that the Council acted in "good faith" when property owners were notified of their assessment. Because a large amount of City funds has already been expended through the years discussing this project, Councilman Leroux felt a financial compromise should be attempted. Haas made motion, Leroux seconded, directing the City Engineer, City Attorney, and appraiser, Julie Schwartz, meet and report as to a more proper course of action to reassess upwards from $17,000, or to assess parkland, and comment to the Council on the advisability of either option. VOTING AYE: Barnes, Haas, Leroux, Stoltzman ABSTAINED: Petryk Motion Carried. ONEKA LAKE VIEW SOUTH (PRELIMINARY PLAT) The Council received the developer's response to questions raised at their meeting of April 5, 1999. The Council further discussed whether Oneka Lake Boulevard was wide enough to accommodate increased traffic, and if parking was allowed. There was also discussion about the "shared" driveway, and potential for conflict in the future. Council member Barnes expressed a desire to review the grading plan for the project. Barnes made motion, Haas seconded, to table this matter until the meeting of May 3, 1999. All aye. Motion Carried. City Council meeting of April 19, 1999 Page 4 JD2 LITIGATION The Council considered a scope of work and cost estimate, prepared by attorney, Paul Haik, for petitioning district court to order the RCWD to hold an obstruction hearing for JD2. Attorney Haik addressed the Council with the status of the petition stating that the RCWD had turned down the City's request for an obstruction hearing, and was suggesting that the dispute be resolved through mediation. Council member Haas questioned what good a lawsuit would do at this time, and the City could look at mediation as a "goodwill" issue. RCWD Board Chairman, Gene Peterson, addressed the Council stating that no matter the court's decision, it would be appealed and be in the court system for years. Leroux made motion, Barnes seconded, directing attorney, Paul Haik, to initiate litigation against the Rice Creek Watershed District, the Minnesota Department of Natural Resources, and the Board of Soil and Water Resources in order to have district court order the RCWD to hold an obstruction hearing for JD2. Alternate dispute resolution is to be attempted, as appropriate. Haas made motion amending the motion to have Paul Haik proceed with litigation only if the House and Senate jeopardize the City's position. Motion failed for lack of second. VOTING AYE: Barnes, Leroux, Stoltzman VOTING NAY: Haas ABSTAINED: Petryk Motion Carried. LETTER TO LMC/AMC/MW ASSN OF WATERSHED DISTRICTS At the special Council meeting of April 12, 1999, the Council requested staff to prepare letters to the League of Minnesota Cities, Association of Metropolitan Counties, and MN Association of Watershed Districts informing them of the DNR's sponsored legislation requiring a DNR permit for maintenance of public ditches, and requesting they contact legislators to vote against the bill. Leroux made motion, Barnes seconded, authorizing issuance of the subject letters. All aye. Motion Carried. FORFEITED VEHICLE (1998 DODGE TRUCK) The City of Hugo is in the process of acquiring 1998 Dodge pickup truck forfeit under state law for drunk driving. The vehicle currently has a lien against it for approximately $25,500. The original owner of the vehicle has requested by buy back the vehicle from the City. Barnes made motion, Petryk seconded, to table this matter until the Council meeting of May 3, 1999. All aye. Motion Carried. City Council meeting of April 19, 1999 Page 5 STATE AID STREET RESOLUTION The Council considered a resolution revising the City's state aid street system, as previously determined by the Council. Barnes made motion,. Leroux seconded, to adopt RESOLUTION 1999-8, A RESOLUTION REVISING MUNICIPAL STATE AID STREET SYSTEM DESIGNATION. VOTING AYE: Barnes, Haas, Leroux, Petryk, Stoltzman Motion Carried. PELOQUIN INDUSTRIAL PARK The Engineer reviewed the Peloquin Industrial Park project with new alignment for water and sewer, as well as street locations and standards. The water and sewer alignment will require easements for construction. Barnes made motion, Stoltzman seconded, authorizing the City Engineer to draft the easement documents for construction of water and sewer for the Peloquin Industrial Park project. All aye. Motion Carried. Haas made motion, Leroux seconded, to adjourn at 11:00 p.m. All aye. Motion Carried. Mary Creager City Clerk