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HomeMy WebLinkAbout1999.12.06 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF DECEMBER 6.1999 The meeting was called to order by Mayor Walter Stoltzman at 7:00 pm. PRESENT: Barnes, Haas, Leroux, Petryk, Stoltzman City Attorney, Dave Snyder City Engineer, Dave Mitchell City Clerk, Mary Ann Creager ADDITIONS TO AGENDA Slaughter Operation (Jeffrey Avenue) Letter from City Attorney (Administrative Suggestions) Snowmobile Trails (Council Agenda 12/13/99) CONSENT AGENDA Barnes made motion, Leroux seconded, to approve the following Consent Agenda: City Council minutes for November 15, 1990 City Council minutes for November 22, 1999 City Council minutes for November 24, 1999 City Council minutes for November 29, 1999 General Claims for December 6, 1999 Findings of Fact (Ricci's) Findings of Fact (McElmury) Creekview Preserve 2nd Addition Employee Appointment (Harinen) Engineering Fee Schedule (SEH) All aye. Motion Carried. Haas made motion, Leroux seconded, to postpone discussion of executive session minutes for November 29, 1999, until a later time. All aye. Motion Carried. FINDINGS OF FACT (RICCI'S) The Council considered Findings of Fact, as prepared by the City Attorney, on the hearing conducted by the Council on November 1, 1999 on the sale alcohol to a minor by Ricci's of Hugo, Inc. Adoption of the Consent Agenda approved the Findings of Fact as submitted. FINDINGS OF FACT (MCELMURY) The Council considered Findings of Fact, as prepared by the City Attorney, regarding the City's denial of a rezoning request for the property located at 4444 129th Street, owned by Mr. Robert McElmury. Adoption of the Consent Agenda approved the Findings of Fact as submitted. City Council meeting of December 6, 1999 Page 2 CREEKVEEW PRESERVE 2ND ADDITION The Council considered a letter from Mr. Dave Mitchell of SEH recommending the City approve the public improvements for Creekview Preserve 2nd Addition as being substantially complete. This will allow the issuance of building permits and certificates of occupancy within this development. Adoption of the Consent Agenda approved the engineer's recommendation as presented. EMPLOYEE APPOINTMENT (HARIlVEN) Mr. Jason Harinen, field inspector for the City of Hugo, has completed six months of service with the City. The Council considered a letter from the City's Building Official stating that Mr. Harinen has successfully completed his probationary period, and recommending regular, fifll-time employment for Mr. Harinen. Adoption of the Consent Agenda appointed Mr. Harinen as a regular, fifll-time employee of the City. ENGINEERING FEE SCMDULE (SEED The Council considered the year 2000 fee schedule submitted by SEH for general civil engineering work in the community. Adoption of the Consent Agenda accepted the fee schedule as presented. FIRE HALL PAY ESTE"TE #14 The Council considered partial -pay estimate #14 for construction of the Hugo Fire Hall. The project architect recommended payment in the amount of $11,590.75, leaving a balance of $3,000.00 to be paid next spring after landscaping improvements have taken hold. Because of dry weather conditions, Council member Barnes expressed concern that the City retain financial security should any landscaping need to be replaced. Barnes made motion, Haas seconded, to approve payment of estimate #14 in the amount of $11,590.75, with adequate retainage for landscaping replacement, if needed. All aye. Motion Carried. FINDINGS OF FACT (PELTIER) FINDINGS OF FACT (NEESER) Councilman Leroux felt there were inconsistencies in the Findings relative to the Planning Commission decisions for the rezonings. Leroux made motion, Stoltzman seconded, to table Findings of Fact for both rezonings to clarify certain issues. All aye. Motion Carried. City Council meeting of December 6, 1999 Page 3 WOODS OF BALD EAGLE Mr. Tom Angus, P.E., of OSM, recommended the Council accept the public improvements for the Woods of Bald Eagle development as being substantially complete. This will allow issuance of building permits and certificates of occupancy within the development. Council member Petryk stated that there were a number of homes being occupied in the development, and wanted to make sure there no violations to the Development Agreement. Petryk made motion, Barnes seconded, to accept the recommendation of Tom Angus and accept the public improvements for Woods of Bald Eagle as being substantially complete. All aye. Motion Carried. SWEET GRASS MEADOWS 2ND ADDITION The Council considered a- letter from Dave Mitchell of SEH recommending that the City accept, as substantially complete, the public improvements for Sweet Grass Meadows 2nd Addition. This will allow issuance of building permits and certificates of occupancy within this development. Mayor Stoltzman questioned the slope of the sidewalk and the need for grading along the east side of Greene Avenue. Engineer Mitchell will inspect. Stoltzman made motion, Haas seconded, to accept Dave Mitchell's recommendation and accept the public improvements for Sweet Grass Meadows 2nd Addition as being substantially complete. All a aye. Motion Carried. ENGINEERING FEE SCHEDULE (WSB) The Council considered the year 2000 fee schedule submitted by the City's water resource engineers, WSB. Council member Petryk stated that acceptance of the fee schedule did not assume reappointment as the City's water resource engineering firm. Haas made motion, Petryk seconded, to accept the WSB fee schedule for the year 2000. All aye. Motion Carried. TRUTH IN TAXATION HEARING The City's Truth in Taxation hearing was called to order to consider the City's year 2000 general fund budget and property tax levy. Under state law, the Council may not adopt the property tax levy at this meeting, but must wait until a future meeting to do so. At that time, the budget could be reduced, but no increase would be allowed. Mayor Stoltzman called the hearing to order, and residents, Frank Watson and Chris Sadowski, both expressed concerns regarding the large budget expenditure for JD2 litigation. There were no other oral or written comments. The Council felt it would be a good idea to provide residents with information regarding JD2, in light of the amount of City funds being spent. Council City Council meeting of December 6, 1999 Page 4 members Petryk and Barnes agreed to work with the City Attorney in an effort to assimilate whatever data could legally be provided to Hugo residents. The City's 2000 budget will officially be adopted at the Council meeting of December 13, 1999. METROPOLITAN COUNCIL DISCUSSION (MARK HUGUNIM Mr. Mark Hugunin, the area's representative from Metropolitan Council, was in attendance at the meeting to discuss construction of the Centerville sewer interceptor, the location of the metering station on this sewer main, as well as other matters of interest between the City and Met Council. Mr. Hugunin also solicited for a Council representative to serve on a committee of local communities to approach MnDOT in a concerted effort to have speed limits reduced on certain roads. Council member Petryk to serve on such a committee. VARIANCE (WUSSLER) Mr. Jack Wussler, 1319 Hewitt Avenue, St. Paul, requested a variance to Hugo City Code, Chapter 263, to construct an individual sewage treatment system on Lot 6, Block 1, Oakshore Park subdivision, without a second drainfield location. Mr. Wussler's argument is that this area is scheduled for improvement by municipal sewer and water service, making the need for a second location unnecessary. This matter was scheduled for consideration before the Board of Adjustments at their meeting of November 17, 1999, but due to lack of a quorum, no recommendation was provided to the Council. Council member Petryk felt that the variance should be approved as Mr. Wussler bought the lot in good faith assuming that sewer and water would be constructed; residence would be occupied by one person. Councilman Leroux stated the need for a 10' - 12' separation between the driveway and the septic evaporation area. Leroux made motion, Petryk seconded, to approve the variance request of Jack Wussler to construct an individual sewage treatment system on Lot 6, Block 1, Oakshore Park, without a second drainfield location; hardship being wetlands surrounding the property and public improvements imminent within ten years. Discussion continued regarding the drainage swale to be located on the property relative to design, RCWD permit, and who would pay for construction of the ditch. Haas made motion, Barnes seconded, to table this matter and direct staff to obtain a response from the DNR regarding the ditch; clarification of letter of January 6, 1994, and Item 4, page 3, of Jeff Lutz's memo of 11/8/99. All aye. Motion Carried. HOUSING PLAN The Council considered the City's draft housing plan for the community, as required by the Metropolitan Land Planning Act. This plan was subject to a public hearing by the PC at their meeting of November 17, 1999, at which time they recommended approval of the plan for submission to Met Council. City Council meeting of December 6, 1999 Page 5 Barnes made motion, Petryk seconded, to include discussion of this matter at one of the Council's December workshops. All aye. Motion Carried. MEETING WITH LIQUOR LICENSE HOLDERS The Council considered a letter from Mr. Raymond Bogatty, requesting the Council reconsider its action on November 1, 1999, when the Council imposed a $2,000 fine against Ricci's of Hugo, Inc., for a second violation of the City's liquor license ordinance. Also considered was a letter from the City Attorney regarding a call he received from Mr. Bogatty on the same issue. Council members have been approached by Mr. Bogatty and other liquor license holders in the City requesting to discuss enforcement of this provision of the City's liquor ordinance. Mayor Stoltzman and Councilman Leroux agreed to meet with license holders to listen to their concerns. Barnes made motion, Haas seconded, authorizing Wally Stoltzman and Tim Leroux to work with liquor license holders to listen to their concerns, and assist in implementing guidelines for violation penalties. VOTING AYE: Barnes, Haas, Petryk, Stoltzman ABSTAINED: Tim Leroux Motion Carried. 130TH STREET LIFT STATION EASEMENT Because property owners had not responded to several letters. staff recommended that the Council direct the City Attorney to begin acquisition of the easements necessary for construction of the 130th Street lift station and related sewer main. City staff had made attempts to acquire the necessary easements for direct purchase, but these efforts have proved unsuccessful making it necessary to acquire the additional easements along 130th Street for construction of the project. Barnes made motion, Leroux seconded, that the City Attorney start the 90 -day quick take of the Peltier and Arcand property to obtain easements necessary for construction of the 130th Street lift station. All aye. Motion Carried. BEAVER PONDS 5TH ADDMON (DEVELOPMENT AGREEMENT) The Council considered the Development Agreement for Beaver Ponds 5th Addition. Staff recommended approval of the Agreement as presented. There was discussion as to whether the City should approve the Development Agreement prior to obtaining the easements for the lift station. Attorney Snyder felt that the Agreement should be signed to prove there was "public purpose" in the quick -take of the property. The Council also requested that the following be added to the Agreement: 1) approval of Minnesota Pipeline, and hold harmless clause. City Council meeting of December 6, 1999 Page 6 Barnes made motion, Leroux seconded, to approve the Development Agreement for Beaver Ponds 5th Addition, as amended. All aye. Motion Carried. BEAVER PONDS 5TH ADDITION (MAL PLAT) The Council considered the final plat for Beaver Ponds 5th Addition, and recommendation from City Engineer, Tom Angus, to approve the final plat as presented. Barnes made motion, Leroux seconded, to approve the final plat for BEAVER PONDS 5TH ADDITION. All aye. Motion Carried. SOUTHWEST ONEKA LAKE STORMWATER MANAGEMENT PLAN The Council considered a stormwater management plan for the area drained by a public ditch located between TH61 and Oneka Lake. This plan was prepared by WSB as a joint project between the City of Hugo and the property owners in the area. Mr. Pete Willenbring of WSB has presented the plan to the property owners, which has been met with general approval. The Council also considered a resolution, prepared by the City Attorney, adopting the plan as a policy of the City of Hugo. Barnes made motion, Leroux seconded, to adopt RESOLUTION 1999-20, A RESOLUTION APPROVING OF THE CONCEPT OF THE SOUTHWEST ONEKA LAKE STORM WATER MANAGEMENT PLAN. VOTING AYE: Barnes, Haas, Leroux, Stoltzman VOTING NAY: Petryk Motion Carried. STORMWATER FEES The Council considered a revised letter to developers in the City of Hugo specifying the methodology the City will use in applying its stormwater utility ordinance to developments within the community. WSB will make adjustments to the proposed letter for resubmission to the Council. Leroux made motion, Haas seconded, to table this matter until the meeting of December 20, 1999. All aye. Motion Carried. LAKE LINK TRA11L NETWORK The City of Hugo received a letter from an organization known as Lake Link Trail Network, which is a cooperative effort between Washington and Ramsey counties, to develop a master plan for trails around City Council meeting of December 6, 1999 Page 7 Silver Lake and White Bear Lake, with trail connections to the Gateway Segment of the Willard Munger State Trail and other regional trails. The agency has received a $175,000 grant from the state for its planning activities. The organization requested that the City appoint a staff member to serve on the technical advisory committee, and a citizen from the community to serve on the Citizens Advisory Team for the project. Stoltzman made motion, Barnes seconded, that the City recommend that Ms. Laurie McRostie be appointed as the technical representative, and Tim Agness, if he accepts, be appointed to serve on the Citizens Advisory Team. All aye. Motion Carried. CITY WEBSITE The City Administrator obtained two quotes for the development of a City website to provide information on the community to its residents and other interested parties. Media Junction, 6995 20th Avenue South, Centerville, MN., has offered to prepare the website, with the City providing text and photos, at a cost of $6,400, and provide a host computer for the site, at the fee of $100 per month. Future changes to the website would be billed at a rate of $90/hr. Hugo Consulting, 5474 137th Street, Hugo, has offered to prepare the website for $2,500; site maintenance and technical support for a fixed fee of $60/month. Upgrades to the website would be billed at a rate of $45/hr with website costing another $10 to $20 per month. Hugo Consulting has also prepared a sample website for the City, which can be accessed at www.matemitycloset.com. Staff recommended contracting with Hugo Consulting for preparation of a website for the community. Haas made motion, Barnes seconded, to table this matter until the meeting of December 20, 1999. All aye. Motion Carried. YEAR 2000 EMPLOYEE PAY RECOMIIIENDATION The Council considered a report from the City Administrator recommending a pay schedule for City employees during the year 2000, as well as a resolution implementing the Administrator's recommendation. Haas made motion, Barnes seconded, to adopt RESOLUTION 1999-21, A RESOLUTION SETTING YEAR 2000 SALARIES FOR REGULAR AND PART-TIME EMPLOYEES. VOTING AYE: Barnes, Haas, Leroux, Petryk, Stoltzman Motion Carried. DECEMBER 10TH JD2 MEETING At the Council's request, a meeting has been scheduled between the Council and its legal representation for discussion of JD2 litigation for 10:00 am, December 10, 1999, at the Hugo Fire Hall. City Council meeting of December 6, 1999 Page 8 Stoltzman made motion, Barnes seconded, to schedule a meeting of the City Council for December 10, 1999, at 9:00 am, Hugo Fire Hall, to discuss contract employee performance reviews, and at 10:00 am, closed session to discuss JD2 litigation. All aye. Motion Carried. REQUEST FROM FIRE CHIEF The Council received a memo from the Fire Chief requesting that five volunteer firefighters be compensated $100 each for them to standby at the Fire Station for the Y2K turnover. Haas made motion, Leroux seconded, to approve the Chiefs request and compensate firefighters $100 for them to standby on the evening of Y2K turnover. All aye. Motion Carried. COUNCH MAN HAAS Councilman Haas asked the City Attorney for a status report for the slaughter operation located on Jeffrey Avenue. He also requested that the City Attorney's letter of November 19, 1999 regarding "Administrative Suggestions" be placed on a future agenda for Council discussion. Barnes made motion, Stoltzman seconded, to recess tonight's meeting at 11:00 am until 9:00 am on December 10, 1999, at the Hugo Fire Station. All aye. Motion Carried. Mary Creager City rk