HomeMy WebLinkAbout1999.10.04 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF OCTOBER 4, 1999
The meeting was called to order by Mayor Walter Stoltzman at 7:10 pm.
PRESENT: Leroux, Petryk, Stoltzman ABSENT: Barnes and Haas
City Administrator, Robert Museus Barnes arrived at 9:00 pm.
City Attorney, Dave Snyder
City Engineer, Tom Angus
City Clerk, Mary Ann Creager
ADDITIONS TO AGENDA
Firefighter Appointment (Joe Bergeron)
Easement (MCES)
Discussion (Eagle View Meadows)
CONSENT AGENDA
Leroux made motion, Stoltzman seconded, to approve the following Consent Agenda:
City Council meeting of September 20, 1999
Claims for October 4, 1999
Sunset Lake Ridge (Letter of Credit)
Gambling Permit (National Ataxia Foundation)
Law Enforcement Services Contract
Variance (flicks)
Conditional Use Permit (Thommes & Thomas)
Greene Avenue Letter
All aye. Motion Carried.
SUNSET LAKE RIDGE (LETTER OF CREDIT)
The one year construction warranty period for Ingersoll Avenue, south of CR7, has expired. The City
received a letter from the City Engineer stating that the work has been performed in accordance with the
plans and specs for the project, and recommended release of the letter of credit. Approval of the
Consent Agenda directed release of the final letter of credit for Sunset Lake Ridge.
GAMBLING PERMIT (NATIONAL ATAXIA FOUNDATION)
The City received an application from the National Ataxia Foundation to conduct charitable gambling
activities at Carpenters, 14559 Forest Blvd. Adoption of the Consent Agenda approved issuance of the
permit and waiver of the 30 -day waiting period.
LAW ENFORCEMENT SERVICES CONTRACT
The City recently received notice that it will be receiving a COPS grant to help fund the appointment of
an additional law enforcement officer in the community. As it is the sheriffs plan to have the deputy
begin patrol activities in Hugo on October 1, 1999, an amendment to the City's contract for law
enforcement services was submitted. Adoption of the Consent Agenda approved the amendment.
City Council meeting of October 4, 1999
Page 2
VARIANCE (HICKS)
Robert Hicks, 8456 132nd Street, applied for a variance to construct a 2,400 sq ft pole barn closer to
the road than the principal building. It will be used for personal storage. The Board of Adjustment
considered this request at their meeting of September 22, 1999, and recommended approval of the
variance. Adoption of the Consent Agenda approved the variance as requested.
CONDITIONAL USE PERMIT (THOMMES AND THOMAS)
Thommes and Thomas Land Clearing, 15457 Jeffrey Avenue, applied for renewal and amendment to the
CUP for property owned at 5725 165th Street. The PC conducted a public hearing on this request at
their meeting of September 22, 1999, and recommended approval of the CUP subject to the conditions
proposed. Adoption of the Consent Agenda approved the CUP as recommended by the PC.
GREENE AVENUE LETTER
The Council considered a letter addressed to Rocky Goertz outlining the final construction criteria for
Greene Avenue, north of Oneka Lake Blvd. Adoption of the Consent Agenda approved sending the
letter as proposed.
BEAVER PONDS 2ND ADDITION (ACCEPT PUBLIC IMPROVEMENTS)
The Council considered a letter from the City Engineer recommending that the City accept
public improvements within Beaver Ponds 2nd Addition. Mayor Stoltzman wanted it noted that the
project be considered "substantially" complete rather than complete.
Stotlzman made motion, Petryk seconded, to accept the City Engineer's recommendation that the City
accept public improvements in Beaver Ponds 24LAddition.
All aye. Motion Carried.
PUBLIC HEARING BUSINESS SUBSIDY CRITERIA)
A public hearing was held to consider establishment of business subsidy criteria pursuant to the
requirements of Minnesota Statutes, Section 116J.993 through 116J.995. These criteria would apply to
all businesses receiving subsidies from the City. The hearing was called to order with no oral or written
comments being considered.
Stotlzman made motion, Leroux seconded, to adopt RESOLUTION 1999-16, A RESOLUTION
ADOPTING BUSINESS SUBSIDY CRITERIA.
VOTING AYE: Leroux, Petryk, Stoltzman
Motion Carried.
City Council meeting of October 4, 1999
Page 3
TOWNHOMES OF BALD EAGLE (TRAFFIC STUDY)
Mr. Dennis Eiler of SRF discussed the study prepared by his firm, SRF Consulting Group, Inc., for the
proposed Townhomes of Bald Eagle developer. The developer is still requesting that the City allow
private streets in the development. Also, a determination needs to be made by the Council whether
130th Street will continue to connect between Fenway Boulevard and Europa Trail, or this roadway will
be disconnected as required in the Development Agreement for Woods of Bald Eagle. Council member
Petryk noted that the report did not address what impact the development would have on Ethan Avenue.
Mike Black, of Royal Oaks Realty, addressed the Council stating that: Royal Oaks would like to keep
130th Street a cul-de-sac; the traffic study does not necessitate the need for a public road instead of
private; the traffic impact to the area was negligible; there is no storm water leaving the site, so there is
no need to participate in the trunk fee charge. Mr. Black stated it would be satisfactory to him if the
private roads had a 40' right-of-way with common easements. Attorney Snyder felt that the more
parties involved in private road maintenance, the more potential for conflict.
Stoltzman made motion, Leroux seconded, to table this matter until the meeting of October 18, 1999, to
allow time to consider the issues.
VOTING AYE: Leroux, Stoltzman
ABSTAINED: Petryk
Motion Carried.
DEVELOPMENT AGREEMENT (NOR -LAKES)
The Council considered an Agreement between the City of Hugo and Nor -Lakes Holding Company,
LLC, which provides for the City to give approximately 5.8 acres to the developer in return for the
construction of private improvements of not less than $2,484,621 on the lot, guaranteeing payment of an
annual $98,461 in TIF by the developer. This would amount to a business subsidy of $522,000.
Leroux made motion, Stoltzman seconded, to approve the Development Agreement between the City of
Hugo and Nor -Lakes Holding Company, as amended.
All aye. Motion Carried.
TRANSPORTATION PLAN
The Council received a copy of the draft transportation plan at tonight's meeting.
Stoltzman made motion, Leroux seconded, to hold a workshop on November 8, 1999, at 7:00 pm, to
discuss the City's comprehensive transportation plan, and realignment of CR8, west of TH61.
All aye. Motion Carried.
COUNCIL MEMBER BARNES ARRIVED AT 9:00 PM.
City Council meeting of October 4, 1999
Page 4
WELL ROOF
The City's maintenance supervisor sought contractors' quotes for repairs to the roof of the No. 1 well
house. Only one bid was submitted, in the amount of $5,688 for this work. Interstate Lumber estimated
the cost of materials to be $1,332.79 for a total project cost of $7,020.79. This seems like a rather
costly project to repair such a small rood though it is understandable that contractors are not interested
in making such a small job. This work could be bid out with the future utility project to be undertaken
by the City in the next year.
Stoltzman made motion, Leroux seconded, to refuse the bid of Sagdalen Carpentry to repair #1 well
roof in the amount of $5,688, and find a more feasible alternative.
All aye. Motion Carried.
DANGEROUS DOG DESIGNATION (GAERTNER)
The City received a letter from the City Attorney regarding the unprovoked dog bite of a child. The dog
owner and the parents of the bit child requested that the dog not be declared a potentially dangerous dog
under the ordinance, which would required that the animal be removed from the community. The
Council concurred that the "bite" may have only been a scratch, and the animal has no history of being a
vicious animal.
Petryk made motion, Leroux seconded, that the Gaertner dog not be declared a dangerous dog, and the
City Attorney prepare a Findings of Fact for this matter.
All aye. Motion Carried.
HEM LAND APPRAISAL
At Council direction, a market value appraisal was obtained for approximately 116.8 acres of land, near
Everton Avenue, owned by HEM Land Company. This land is being considered as a location for a well
field and community. The market value of the property, according the Lake State Realty Services, Inc.,
is between $1,343,00 and $1,518,000 ($11,500 to $13,000 per acre). The Council felt that the cost too
high for property containing excessive wetlands, and that there was more suitable property available for
less money.
Leroux made motion, Petryk seconded, to table this matter until the meeting of November 1, 1999 to
allow time to study the matter, and possibly locate another site.
All aye. Motion Carried.
ENGINEERING SERVICES REPORT
At the Council's request, the City Administrator provided a report outlining the potential for hiring a
full-time City Engineer for the community. No formal Council action was required.
City Council meeting of October 4, 1999
Page S
STAFF EVALUATIONS
Four Council members returned their evaluations of the City's consulting staff. A compilation of the
results of the survey was submitted to the Council for their review. Generally, the Council has
established times to meet with the evaluated persons for one-on-one discussion of their performance on
behalf of the City. It was determined that the Council would discuss Pete Willenbring's performance
during the Council workshop of October 7, 1999. Attorney Caller's review would be set at a later time.
Barnes made motion, Stoltzman seconded, to appoint Joe Bergeron to the Hugo Fire Department,
subject to the six-month probationary period.
All aye. Motion Carried.
MCES EASEMENT
The City has been notified that it will need to enter into an agreement with MCES to encroach into their
sanitary sewer easement for construction of Fenway Boulevard Court.
Barnes made motion, Petryk seconded, to approve the Consent to Allow Encroachment onto the MCES
Sanitary Sewer Easements necessary for the construction of Fenway Boulevard Court.
All aye. Motion Carried.
EAGLE VIEW MEADOWS
Paul Keleher, project manager, stated that they would like to market Eagle View Meadows for senior
housing to allow for ownership of property, rather than an entirely -rental project. Private roads were
allowed in the development because the property would be under one ownership. Attorney Snyder
stated that he had not heard a response from the developers on how they would enforce the "senior
only" rental of the property. Given that preliminary plat approval was granted in July, 1999, the City
Administrator stated that the developers have until November, 1999 (120 days) in which to submit a
final plat. There was also discussion that the moratorium might come into play, if the preliminary plat is
substantially changed by the developer.
Petryk made motion, Stoltzman seconded, to do nothing with this request until the develop responds to
the request of the City Attorney, advising what steps would be taken to assure rental/sale to seniors.
Petryk withdrew her motion, and Stoltzman his second.
Barnes made motion, Petryk seconded, that at the request of the developer, the City extend the
requirement for submission of the final plat for Eagle View Meadows from 120 days to 180 days.
All aye. Motion Carried.
City Council meeting of October 4, 1999
Page 6
ARK LITIGATION
At 10:30 pm, Leroux made motion, Petryk seconded, to move the Council into closed session in order
to provide guidance to staff on the City's lawsuit with ARK.
All aye. Motion Carried.
Barnes made motion, Leroux seconded, to recess tonight's meeting at 10:58 pm until October 7, 1999,
at 7:00 pm, to meet with Attorney Paul Haik over the JD2 litigation.
All aye. Motion Carried.
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Mary reager
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