HomeMy WebLinkAbout1999.07.06 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF JULY 6, 1999
The meeting was called to order by Mayor Walter Stoltzman at 7:05 pm.
PRESENT: Barnes, Haas, Leroux, Petryk, Stoltzman
City Administrator, Robert Museus
City Attorney Representative, Dave Snyder
City Engineer, Tom Angus
City Clerk, Mary Ann Creager
ADDITIONS TO AGENDA
Discussion of stormwater trunk fee ordinance
Good Neighbor Days letter
Discussion on Greene Avenue
Oneka Lake berm
Claim for Ehlers and Associates
BEIP (3rd Party Review)
CONSENT AGENDA
City Council minutes for the closed session of June 21, 1999
City Council minutes for the regular meeting of June 28, 1999
City Council minutes for June 30, 1999
City Council minutes for the closed session of June 30, 1999
General claims for July 6, 1999
Encroachment Agreement (Schwieters)
Fire Hall (Change Order #4)
Site Plan Approval (Interstate Lumber)
All aye. Motion Carried
Leroux made motion, Barnes seconded, to approve the minutes for the regular City Council meeting of
June 21, 1999, as amended.
All aye. Motion Carried.
ENCROACHMENT AGREEMENT (SCHWH;TERS)
The Council considered an Agreement to allow Schwieters Construction to encroach on the City's
watermain easement, lying adjacent to Fenway Blvd. This easement was obtained by the City to
construct a 12" watermain between Tower #1 and Tower #2. It is the same as the MCES trunk
sanitary sewer easement in this area. The bank providing the construction loan to Schwieters requested
the easement, which is in accordance with site plan approval previously granted by the Council.
Adoption of the Consent Agenda approved providing Schwieters Construction the easement as
proposed.
City Council meeting of July 6, 1999
Page 2
FIRE HALL (CHANGE ORDER NO. 4)
The Council considered Change Order No. 4 for Fire Hall construction contract, in the amount of
$5,728.00, recognizing various expenses and credits. With Change Order No. 4, change orders
approved to -date have increased the project cost by approximately 2.4%. Adoption of the Consent
Agenda approved Change Order No. 4 for the Fire Hall.
SITE PLAN APPROVAL (INTERSTATE LUMBER)
The Council considered an application made by Interstate Lumber to reside and repair sheds on their
property which have suffered from storm damage. The PC reviewed this request at their meeting of
June 23, 1999, and recommended approval of the site plan subject to the adjacent property owner
(LaValle) approving the location of the sheds on their joint property line. Adoption of the Consent
Agenda approved the site plan as conditioned by the Planning Commission.
1999 GRAVEL BIDS
The Council considered an advertisement for bids for the purchase of 19,600 tons of Class 5 aggregate
to be used in resurfacing roads in the community. Based on prior year's experience, price of the gravel
should be approximately $6.00/ton for a total project cost of $117,600. Mayor Stoltzman asked if
millings could be used at the Rice Lake Park Building, rather than gravel. The Administrator advised
that it depends on availability.
Stoltzman made motion, Barnes seconded, to advertise for bids for the purchase of 19,600 tons of
Class 5 aggregate for City roads.
All aye. Motion Carried.
DNR ENCROACHMENT LICENSE
The Council considered for approval an Agreement between the DNR and the City of Hugo allowing
the City to encroach on DNR property (Clearwater Creek) for the purpose of constructing the sewer
and water improvements to 129th Street. This Agreement will cost the City $260 for a 50 -year period.
Stoltzman made motion, Barnes seconded, to approve the Agreement between the DNR and Hugo to
allow encroachment of Clearwater Creek to construct sewer and water improvements to 129th St.
All aye. Motion Carried.
U.S. WEST EASEMENT
The Council considered a proposed Agreement between the City of Hugo and U.S. West for the
location of a telephone switch box to be located on the property used for the sanitary sewer lift station
at the intersection of 140th Street and Finale Avenue. After some discussion between staff and U.S.
West, it was decided that this location would be the least obtrusive spot for the device, which will be 4
City Council meeting of July 6, 1999
Page 3
to 5 ft tall, 6 to 8 ft long. Typically, the City will not charge U.S. West for locating its equipment in
City right-of-way, though this does not require an Easement Agreement. In this case, the proposed
location of the switch box will be off of right-of-way, yet on City -owned property. Council member
Barnes stated that the City should be a "good" neighbor and somehow screen the facility from the
residential area. The Gardens owner, Robert Bilotta, has offered to donate some his stock for this
purpose.
Barnes made motion, Stoltzman seconded, authorizing staff to proceed with the Easement Agreement
with U.S. West, and draft a letter requesting U.S. West's participation in some landscaping for the
facility.
All aye. Motion Carried.
PAYMENT OF FENWAY BLVD LIGHTING
The Council considered a claim made by NSP in the amount of $173,900 for the installation of 70, 150 -
watt high pressure sodium street lights along Fenway Blvd, and four, 400 -watt street lights around the
parking lot of the new Fire Hall. This claim is in accordance with the contract entered into between the
City and NSP on May 28, 1998, and represents payment in full for the installation of these lights. NSP
will be making a second claim, in the future, in the amount of $37,800 for the street lights being
installed on Fenway Avenue, between 140th and 142nd Street. Council member Petryk questioned
from what funds payment would be made. The Administrator stated that payment would be
reimbursable from Minnesota State Aid funds.
Petryk made motion, Stotlzman seconded, to approve payment to NSP for the street lights constructed
on Fenway Blvd and the Fire Hall site, in the amount of $173,900.
All aye. Motion Carried.
FINDINGS OF FACT (TOWNHOMES OF BALD EAGLE LAKE)
The Council considered for approval Findings of Fact drafted by the City Attorney regarding the
Council's denial of concept approval for a PUD known as Townhomes of Bald Eagle Lake. Mike
Black, representing Royal Oaks Realty, provided a their written legal response to the Findings.
Because the Council was just provided their response, and had insufficient time to consider:
Petryk made motion, Stoltzman seconded, to table this matter until the meeting of July 19, 1999.
VOTING AYE: None
VOTING NAY: Barnes, Haas, Leroux, Petryk, Stotlzman
Motion Failed.
After amending the submitted Findings:
Haas made motion, Petryk seconded, to accept the Findings of Fact as amended.
All aye. Motion Carried.
City Council meeting of July 6, 1999
Page 4
SITE PLAN APPROVAL (RICK'S LIQUOR)
The Council consideration an application by Rick and Kelli Lindstrom, 50220 Fairfield Avenue, Rush
City, MN, for construction of a 4,800 sq ft retail liquor store on Lot 3, Block 1, Bald Eagle Industrial
Park. The Lindstroms have signed a Purchase Agreement with the City of Hugo for this site. The PC
considered this request at their meeting of June 23, 1999, and recommended approval of the site plan.
The Lindstroms will need a SUP to operate a liquor store on this site, for which they have applied.
They will also need to complete purchase of the property from the City. Councilman Haas felt that the
proposed business would not meet the "goals" of the Industrial Park covenants as it would not generate
enough tax revenue; too much impervious surface; and not in favor of providing TIF money. Council
member Barnes felt the size of the building provided an opportunity for the business to expand, and
discussed the possibility of a "0" side yard setback for construction of another business. Rick and Brent
Lindstrom were present, and Rick Lindstrom stated that he had not entertained any thought of another
business on the site.
Barnes made motion, Haas seconded, to table this matter to allow Council members Leroux and Haas
to further discuss options available for this site.
All aye. Motion Carried.
PUBLIC HEARING (140TH STREET ASSESSMENT ROLL)
A public hearing was held to consider adoption of an assessment roll for improvements proposed to be
made to 140th Street, between Finale Avenue and TH61. The Council discussed various costs
associated with the project (130th and 140th Streets), and whether assessments could be extended to
others not abutting the road; an appraiser would have to make a benefit determination. Because the rail
bed would have to be lowered to the Burlington Northern standards, the project cost would increase by
$55,000, with no effect on the assessment roll. The public hearing was opened, and there were no oral
or written comments.
Barnes made motion, Stoltzman seconded, to adopt RESOLUTION 1999-11, A RESOLUTION
ADOPTING THE ASSESSMENT ROLL FOR THE 140TH STREET P. I. PROJECT.
VOTING AYE: Barnes, Haas, Leroux, Petryk, Stoltzman
Motion Carried.
APPLICATION FOR LIQUOR LICENSE
The Council considered an application for an on -sale liquor license at the End Zone Bar, made by Scott
Routhe. All fees have been paid, all delinquent City bills have been satisfied, appropriate insurance
provided, and a background investigation report was done by the Washington County Sheriff s
Department. Scott Routhe, future operator/manager of the End Zone, was present to answer Council
questions, and stated that the establishment would be 70% restaurant.
Stoltzman made motion, Leroux seconded, to approve the following licenses to Scott Routhe,
City Council meeting of July 6, 1999
Page 5
operator/manager of the End Zone located at 13891 Forest Boulevard: On sale liquor, On Sale
Sunday liquor, cigarette, and games of skill.
All aye. Motion Carried.
PRELIMINARY PLAT/PUD (EAGLE VIEW MEADOWS)
The Council considered a recommendation from the City's Planning Commission to approve the
preliminary plat/PUD for Eagle View Meadows in accordance with their Findings and
Recommendations. Council member Petryk objected to the private roads, feeling that the developers
are trying to avoid City setback requirements from public roads. Councilman Haas felt that there was
insufficient public/private open space on the site. Mayor Stoltzman stated that there was an artesian
well on site, and could, if exposed, lead to drainage problems. There was also discussion of possible
drainage problems for the Harley Johnson property, and trespassing by residents on the Johnson
property to play golf. Maybe a "buffer" would be needed to prevent the trespassing. The Council
discussed the proposed stormwater trunk fee ordinance yet to be adopted. Paul Keleher, project
manager of the development, agreed that they would participate if adopted by the City.
Barnes made motion, Leroux seconded, to accept the Planning Commission's recommendation and
approve the preliminary plat for Eagleview Meadows based on the following: HRA supports the
project; the need within the community for such a development; open space provided exceeds 50%;
walkways connected for residents; and proximity of the Fire Hall for emergency response. Approval is
subject to:
1. The Council review of the Rental Agreement.
2. The Fire Chief shall provide a report on private roads as it relates to access by emergency vehicles.
3. If adopted, the developer will participate in the stormwater trunk fee.
VOTING AYE: Barnes and Leroux
VOTING NAY: Haas, Petryk, Stoltzman
Motion Failed.
After a brief meeting recess, Councilman Haas decided that he did not need more time to consider the
issue:
Haas made motion, Stoltzman seconded, to reconsider the previous motion.
Barnes made motion, Leroux seconded, to accept the Planning Commission's recommendation and
approve the preliminary plat for Eagleview Meadows based on the following: HRA supports the
project; the need within the community for such a development; open space provided exceeds 50%;
walkways connected for residents; and proximity of the Fire Hall for emergency response. Approval is
subject to:
1. The Council review of the Rental Agreement.
2. The Fire Chief shall provide a report on private roads as it relates to access by emergency vehicles.
3. If adopted, the developer will participate in the stormwater trunk fee.
City Council meeting of July 6, 1999
Page 6
VOTE EAGLE VIEW MEADOWS PRELIMINARY PLAT:
VOTING AYE: Barnes, Haas, Leroux, Stoltzman
VOTING NAY: Becky Petryk
Motion Carried.
MORATORIUM ORDINANCE
The Council has, by previous correspondence, received a copy of the proposed interim ordinance
placing a temporary development moratorium for residential development within the MUSA of the
City.
Barnes made motion, Haas seconded, to hold a public hearing on August 2, 1999, at 7:05 pm, to
consider adoption of a proposed interim ordinance protecting the planning process and the health,
safety,. and welfare of City residents, and establishing a temporary development moratorium on
residential development within the MUSA.
All aye. Motion Carried.
RESOLUTION APPROVING INDUSTRIAL REVENUE BONDS
The City received a letter from Briggs and Morgan, the City's bond counsel, regarding the proposed
issuance of $4,100,000 in industrial development revenue bonds to help finance a 78,000 sq ft
lubricating manufacturing facility for Nor -Lake Services Midwest Inc., in the Bald Eagle Industrial
Park. The letter explains that the City acts as a conduit for the issuance of these bonds, but assumes no
responsibility for the repayment. Mr. Jim Kellison, of Kellison Companies, was present at the meeting
to explain the project to the Council.
Barnes made motion, Haas seconded, to adopt RESOLUTION 1999-12, A RESOLUTION
RECITING A PROPOSAL FOR AN INDUSTRIAL DEVELOPMENT PROJECT GIVING
PRELIMINARY APPROVAL TO THE PROJECT PURSUANT TO MS 469.154, AND
AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR ALLOCATION AND FOR
APPROVAL OF THE PROJECT TO THE DEPT OF TRADE AND ECONOMIC DEVELOPMENT
AND FOR PREPARATION OF NECESSARY DOCUMENTS.
VOTING AYE: Barnes, Haas, Leroux, Petryk, Stoltzman
Motion Carried.
CREEKVIEW PRESERVE 2ND ADDITION (DEVELOPMENT AGREEMENT)
The Council considered a proposed Development Agreement for Creekview Preserve 2nd Addition.
Mayor Stoltzman questioned the setbacks from the north branch of Clearwater Creek. Engineer for the
project, Jets Shopek, stated that the matter was addressed in the preliminary plat process, and that the
DNR had released their jurisdiction to the RCWD, as well as City ordinance does not applying to this
particular shoreland. Because of the need for a new water tower and well, oversizing of the watermain
(18") for this project is possible. This requirement can be added to the Development Agreement.
City Council meeting of July 6. 1999
Page 7
Barnes made motion, Leroux seconded, to approve the Development Agreement for Creekview
Preserve 2nd Addition, adding a reference to the watermain oversizing possibility.
All aye. Motion Carried.
CREEKVIEW PRESERVE 2ND ADDITION (FINAL PLAT)
The City Engineer has recommended approval of the final plat for Creekview Preserve 2nd Addition.
Barnes made motion, Leroux seconded, to accept the City Engineer's recommendation and approve the
final plat for CREEKVIEW PRESERVE 2ND ADDITION.
All aye. Motion Carried.
Stoltzman made motion, Barnes seconded, to recess tonight's meeting at 11:00 pm until Monday, July
12, 1999, at 7 :00 pm.
All aye. Motion Carried.
l
Mary AFii reager
City Cl