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HomeMy WebLinkAbout1999.07.19 CC MinutesMINUTES FOR THE HUGO CITY COUNCEL MEETING OF JULY 19. 1999 The meeting was called to order by Mayor Stoltzman 7:00 PM. PRESENT: Barnes, Haas, Leroux, Petryk, Stoltzman City Administrator, Robert Museus City Engineer, Tom Angus City Attorney, Greg Galler Deputy Clerk, Michele Lindau ADDITIONS TO AGENDA Beaver Ponds Certificates of Occupancy Rescheduling meeting of July 26, 1999 Weekend "Cat" incident. CONSENT AGENDA Haas made motion, Barnes seconded, to approve the following consent agenda: City Council minutes for July 6, 1999 City Council minutes for July 12, 1999 Claims for July 19, 1999 Letter of Credit Reduction (Beaver Ponds) Stipulation Agreement (Carpenter's) Firefighter Appointment (Fure) Firefighter Appointment (Schwartz) Reimbursement Claim (Compton) Charitable Gambling License (Wild Wings) All Ayes. Motion carried. LETTER OF CREDIT REDUCTION (BEAVER PONDS) The City Engineer recommended reduction of the letter of credit requirement for Beaver Ponds to $150,000 in recognition of work performed to -date. Adoption of the Consent Agenda approved the letter of credit reduction as recommended. STIPULATION AGREEMENT (CARPENTER'S) The City Administrator has been in contact with the owner of Carpenter's Steak House regarding a violation of the City's liquor license ordinance. The Council considered a Stipulation Agreement where the owner admitted to the violation, and agreed to pay the City a fine in the amount of $250. The City had, in the past, collected a $500 fine for a similar occurrence in another facility. In this case, the Council felt the reduced fine amount was appropriate as the bartender who sold to the under age individual had only begun working at Carpenter's that evening. Adoption of the Consent Agenda approved the Stipulation Agreement as presented. FIREFIGHTER APPOINTMENT (FURS) The Fire Chief recommended the appointment of Ryan Fure, 14936 Foxhill Avenue, as a probationary City Council meeting of July 19, 1999 Page 2 firefighter, subject to successful completion of a physical examination. Adoption of the Consent Agenda appointed Mr. Fure as a firefighter on probationary status. FIREFIGHTER APPOINTMENT (SCHWARTZ) The Fire Chief recommended the appointment of Michael Schwartz, 5980 Oneka Lake Blvd., as a probationary firefighter, subject to his completion of a physical examination. Adoption of the Consent Agenda appointed Mr. Schwartz as a firefighter on probationary status. RERKBURSEMENT CLAIM (COMPTON) The Council considered a letter from the City's Fire Chief requesting that the City of Hugo reimburse Jim Compton $139.76 for wages lost due to injury he sustained during a barn fire on July 4, 1999. Mr. Compton was unable to work his regular 8 -hour shift on July 4th due to the injury, which included a dislocated shoulder, laceration to his lower lip, two chipped teeth, and a jaw fracture. The City's workman's compensation coverage does not kick in until an individual loses three day's work. In this case, Mr. Compton was able to return to light duties within 24 hours. Adoption of the Consent Agenda approved the payment to Mr. Compton in the amount of $139.76. CHARITABLE GAMBLING LICENSE (WILD WINGS) The Partnership for Pride applied for a charitable gambling license to conduct the following activities at the Wild Wings Game Farm, 9491 152nd Street on August 27, 1999: bingo, raffles, paddlewheels, pulltabs, and tipboards. Adoption of the Consent Agenda approved the charitable gambling license for Partnership for Pride to conduct gambling activities at Wilds Wings on August 27, 1999, and waiver of the 30 -day waiting period. LETTER OF CREDIT REDUCTION (ONEKA LAKE VLEW) The City Engineer recommended a reduction to the letter of credit requirement for Oneka Lake View to $56,000 in recognition of work performed to -date on the project. Haas made motion, Leroux seconded, to approved reduction in the letter of credit as recommended. All Ayes. Motion carried. LETTER OF CREDIT REDUCTION (ONEKA LAKE VIEW EAST) The City Engineer recommended a reduction to the letter of credit requirement for Oneka Lake View East to $63,500 in recognition of work performed to -date on this project. . Haas made motion, Leroux seconded, to approved the letter of credit reduction as recommended. All Ayes. Motion carried. City Council meeting of July 19, 1999 Page 3 PARTIAL PAYMENT REQUEST (FENWAY BLVD. 9"ROVEMENT PROJECT) The Council considered a request for Payment No. 5 by Richard Knutson, Inc., for the Fenway Boulevard construction project, in the amount of $172,249.91. The City Engineer estimated the project to be 95% complete, and recommended approval of the payment. The City would continue to retain $63,441.11 until the project is finally accepted. Haas made motion, Leroux seconded, to approve the payment for work on the Fenway Blvd improvement project, in the amount of $172,249.91 to Richard Knutson, Inc., after obtaining all necessary signatures on the construction payment voucher. All Ayes. Motion carried. BEAVER PONDS CERTIFICATES OF OCCUPANCY After considering the recommendation of the City Engineer: Barnes made motion, Leroux seconded, to accept the public improvements of Beaver Ponds 1 Addition as being substantially complete, and allow the Building Official to issue Certificates of Occupancy for Beaver Ponds Phase 1. All Ayes. Motion carried. LAND SALES AGREEMENT (NORTH COUNTRY AUTO BODY) The Council considered a revised Land Sales Agreement between the City of Hugo and North Country Auto Body, with the changes requested by the Council on July 12, 1999, including clarification that the City is the seller, and rewording of Paragraph 4. Barnes made motion, Stoltzman seconded, to approved the Land Sales Agreement for North Country Auto Body as amended. All Ayes. Motion carried. BROKERAGE AGREEMENT The Council had previously tabled consideration of a non-exclusive Brokerage Agreement between the City of Hugo and Coldwell Banker for listing of property in the Bald Eagle Industrial Park. Leroux made motion, Barnes seconded, to approve the Brokerage Agreement with a maximum commission of 5 %. All Ayes. Motion carried. BEAVER PONDS STH ADDITION (PRELIMINARY PLAT) Oakwood Land Development, Inc., requested to subdivide 22.74 acres described as Outlot A, 4th City Council meeting of July 19, 1999 Page 4 Addition, into 41 single family home lots. After the Planning Commission conducted a public hearing on the proposed subdivision during their regular meeting of June 23, 1999, and at the special meeting held on July 14, 1999, they recommended approval of the proposed preliminary plat. Barnes made motion, Haas seconded, to approve the preliminary plat for the subdivision to be known as Beaver Ponds 5th Addition, subject to the amended Findings of Fact and removing all references to Planned Unit Developments. All Ayes. Motion carried. SITE PLAN APPROVAL (RICK'S LIQUOR) Consideration of the proposed site plan for Rick's Liquor was tabled at the Council meeting of July 6, 1999, to allow additional research into the potential tax benefits of the project. The Council reviewed a calculation of the estimated market value of the project from the City Assessor. Leroux made motion, Barnes seconded, to approve the site plan for Rick's Liquor. All Ayes. Motion carried. ONEKA LAKE VIEW EAST (SCREENING) The Council had previously tabled action on a screening plan for Glenbrook Way as part of the Oneka Lake View East subdivision to allow time for the road to be constructed and to identify potential negative impacts on property on south side of Oneka Lake Blvd. The Council had received a letter from Laurie McRostie of OSM proposing a barrier of Black Hill spruce between the cul-de-sac and Oneka Lake Blvd, as well as placement of the proposed bike trail 1' north of Oneka Lake Blvd right-of- way. Ron Gray, 6275 Oneka Lake Boulevard, suggested raising the berm or constructing a longer barrier of trees to prevent the headlights from shining on his home. Petryk made motion, Stoltzman seconded, to table action to allow the City Engineer time to work with the developer on an amended landscape plan. All Ayes. Motion carried. AMENDED PLAT (DEER PARK ESTATES) On January 19, 1999, the Council approved a preliminary plat for a subdivision known as Deer Park Estates, consisting of seven rural residential lots. The property owners, David Schumann and Judy Redig, had requested amended preliminary plat approval to allow for nine (9) single family lots on 34.85 acres. Kevin Shoeberg, attorney for Schumann, presented the idea of eliminating the junk yard business from the site, allowing the removal of cars in excess of 20 within 30 days, and the removal of the remaining cars, debris, and fire damaged building, within 120 days. Shoeberg also felt the new plan was not a substantial change from the old one, and they should be allowed to proceed under the old ordinance. City Council meeting of July 19, 1999 Page 5 Leroux made motion, Barnes seconded, to approve the preliminary plat as amended and subject to resolving engineering issues. All Ayes. Motion carried. MINING PERMIT (RIVER CITY ASPHALT) Richard A. Carron and Darrell B. Hansen requested the reissuance of a Mining Permit for Hansen property located in NW 1/4 of the SW 1/4 of Section 23, and the E 1/2 of the SE 1/4 of Section 22, comprising approximately 120 acres. Barnes made motion, Stoltzman seconded, to approved the Mining Permit for Hansen subject to the conditions stated within. All Ayes. Motion carried. WETLANDS EXEMPTION REQUEST (BROWN'S CREEK TROUT HABITAT PROJECT) The Council considered a request from the Washington Soil and Water Conservation District for a Certificate of Exemption under the Minnesota Wetland Conservation Act for the trout preservation project proposed by the BCWD. Certain wetlands may be impacted by the project, and the Conservation District proposed an exemption under Rule No. 5, as the wetlands that may be impacted by the project are incidental wetlands, created by public or private entities, for purposes other than creating a wetland. Barnes made motion, Leroux seconded, to approve the Certificate of Exemption for the proposed project. All Ayes. Motion carried. BROWN'S CREEK LETTER The Council received a letter from the BCWD in response to the City's concerns expressed on the proposed trout habitation project. No response was required. PARK HOURS The Council considered a resolution prepared in response to requests from the Parks Commission for the erection of signs to establishing the hours of operation for City parks. Petryk made motion, Stoltzman seconded, to adopt RESOLUTION 1999-13, A RESOLUTION ESTABLISHING THE TIMES AT WHICH THE PUBLIC MAY USE PARK FACILITIES. VOTING AYE: Barnes, Haas, Leroux, Petryk, Stoltzman Motion Carried. City Council meeting of July 19, 199 Page 6 STORMWATER UTILITY ORDINANCE The Council considered the latest revision of the proposed stormwater utility ordinance. Barnes made motion, Haas seconded, to hold a public hearing on August 16, 1999, 7:00 PM , to consider the adoption of the Stormwater Utility Ordinance. All Ayes. Motion carried. RIGHT-OF-WAY ORDINANCE The Council considered a draft ordinance regulating rights-of-way in the City, prepared by the League of Minnesota Cities and Public Utilities Commission, to resolve certain ongoing issues between cities and right-of-way users. Staff recommended the Council consider adopting an ordinance substantially in conformance with the League's model. Barnes made motion, Stoltzman seconded, to table action and form a committee to include Council members Leroux and Petryk; Dave Snyder, legal counsel; and Tom Angus, City Engineer, for discussion of the right-of-way ordinance. All Ayes. Motion carried. 130TH/140TH STREET IMPROVEMENT PROJECT BID AWARDS Bids for the proposed improvement of the intersections of 130th Street and 140th Street with the Burlington Northern Railroad Right -of -Way were accepted on Friday, July 16, 1999, as scheduled. Barnes made motion, Haas seconded, to accept the low bid and award the contract to North Valley, Inc. for $195,530.95. All Ayes. Motion carried. WATER TOWER SITE OPTIONS The council considered a sketch prepared by the City Engineer, representing the proposed location of a new water tower on existing City -owned property near the Catholic cemetery, which would require an additional easement from adjacent property owners for driveway access to the site from 147th Street and Finale Avenue. Also discussed was the possible need of a water treatment plant in the future. No action was taken. WELL FIELD FEASIBILITY REVIEW The Council considered a report by the City Engineer on the feasibility of establishing a joint well field/City park. The Engineer recommended the total area of the well field be approximately 40 acres, which could include five acres for a water treatment plant. The Parks Commission felt approximately 40 acres would allow them enough room to construct the fields, rinks, courts, shelters, etc., necessary for a City Park. City Council meeting of July 19, 1999 Page 7 Haas made motion, Leroux seconded, to form a site selection committee, which would include Council members Petryk and Barnes, to explore possible sites for a joint well field and City park. All Ayes. Motion carried. SPECIAL MEETING Barnes made motion, Stoltzman seconded, to schedule a special meeting for the purpose of touring the new fire hall and meeting with the City's legal counsel for discussion of Judicial Ditch 2 litigation. All Ayes. Motion carried. ROLES AND RESPONSIBILITIES MEETING Stoltzman made motion, Barnes seconded, to reschedule the July 26, 1999, joint meeting of the City Council, Planning Commission, and Parks Commission, to Thursday, July 29, 1999, at 7:00 PM. All Ayes. Motion carried. "CAT SITING" Mayor Stoltzman discussed the dismemberment of a dog in the Hugo area, possibly by a panther. Stoltzman requested all possible sitings of the panther be reported to the Washington County Sheriff s Department immediately. Leroux made motion, Haas seconded, to recess until the meeting of July 26, 1999, at 7:00 PM. All Ayes. Motion carried. Michele Lindau, Deputy Clerk