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HomeMy WebLinkAbout1998.08.03 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF AUGUST 3, 1998 The meeting was called to order by Mayor Fran Miron at 7:05 P.M. PRESENT: Arcand, Goiffon, Leroux, Miron City Administrator, Robert Museus City Attorney, Greg Galler City Engineer, Tom Angus City Clerk, Mary Ann Creager ABSENT: Debra Barnes ADDITIONS TO AGENDA Part Committee Discussion 1998 Gravel Bids Budget Planning Workshop Monthly Police Reports Gun Ordinance Committee Report CONSENT AGENDA Goiffon made motion, Arcand seconded, to approve the following Consent Agenda: City Council meeting of July 20, 1998 General Claims for August 3, 1998 Minnesota Geological Survey Request for Pezometer Location Mark Hurd Mapping Findings of Fact (Indykiewicz) Special Use Permit (Harvieux) All aye. Motion Carried. MN GEOLOGICAL SURVEY REQUEST FOR PEZOMETER LOCATION The Minnesota Geological Survey requested permission to install a shallow monitoring well (pezometer) on the City's compost site along 170th Street. The purpose of this pezometer is to conduct permeability tests of the clay soil below the site to better understand how water moves through Hugo and the rest of the County. The MGS has agreed to assume responsibility for the well, and will pay a contractor, in advance, for sealing of the well. Adoption of the Consent Agenda granted authority to the MGS to install a shallow well for ground water monitoring at the City's compost site. MARK HURD MAPPING At the last Council meeting, action was tabled on a proposed contract with Mark Hurd for mapping services for a part of the City. The City's Water Resource Engineer stated that though the mapping would be useful, there is no specific need to perform the work at this time. Adoption of the Consent Agenda removed the proposed mapping from further consideration. City Council meeting of August 3,1998 Page 2 FINDINGS OF FACT (INDYKIEWI4M The Council considered Findings of Fact to rezone from ag to SFU the Indykiewicz property being platted at Creekview Preserves. Adoption of the Consent Agenda approved the Findings of Fact prepared by the City Attorney. SPECIAL USE PERMIT (HARVIEUX) Michael and Patricia Harvieux, 8460 130th Street, requested a SUP to construct 36' x 60' pole barn, exceeding the 1,800 sq ft allowed in the RR2 zoning district by 360 sq ft. The Hugo PC conducted a hearing on this request at their meeting of July 22, 1998, and recommended approval of the SUP, including retention of an existing loafing shed for horses on the site. Adoption of the Consent Agenda approved the SUP for the property. PRELIMINARY PLAT APPROVAL (ONEKA LAKE VIEW EAST) Philip and Mary Greenwaldt, 6232 Oneka Lake Blvd., and North Suburban Development, 1333 Osborne Road, Spring Lake Park, requested to subdivide 12.6 acres into 27 twinhome lots (54 units). The property is generally located on the north side on Oneka Lake Blvd., east of the previously -approved Oneka Lake View development. The PC conducted a public hearing on this request at their meeting of July 22, 1998, and recommended approval of the preliminary plat. Developers Bruce Kerber and Ken Gust reviewed the plat with the Council, and adjacent property owner, Ron Gray, asked that sidewalks or a bike trail be implemented now that the property is being developed in the area. Now that a Park Commission has been established, the Council felt they should review the trail system issue for this area. The Findings of Fact, as drafted by the Administrator, were discussed, with the following additions to be made: reference to easements for a trail system and upgrading of Oneka Lake Boulevard to an urban section. Leroux made motion, Goiffon seconded, to approve the Findings of Fact and Conditions for the preliminary plat for the Oneka Lake View East subdivision, as amended. All aye. Motion Carried. Miron made motion, Leroux seconded, directing staff to advise the Parks Commission to discuss the trail system Oneka Lake View, Oneka Lake View East, and Sweet Grass Meadows developments. All aye. Motion Carried. RICE LAKE PARK BUILDING REQUEST Thanksgiving Lutheran Church submitted a proposal to use the RLPB for church services and other activities for a 3 -year period. In return, the church would renovate the building and maintain its grounds for the time period. The Council reviewed a written proposal from the church, as well as the City Attorney's opinion on such an agreement. City Council meeting of August 3, 1998 Page 3 Leroux made motion, Goiffon seconded, to approve the concept plan for the Thanksgiving Lutheran Church to renovate the Rice Lake Park Building for church services activities for a three-year period. The City Attorney is directed to prepare an agreement between the City of Hugo and Thanksgiving Lutheran Church for lease of the building, subject to approval of the bond counsel representing the Washington County HRA. All aye. Motion Carried. DANGEROUS DOG DESIGNATION APPEAL (LARSON) Mr. Michael Larson, 14954 Francesca Avenue, was present at the meeting to appeal the City Attorney's designation of his dog, Pete, as a dangerous dog. The dog's owner, the future stepfather of the victim, as well as "Pete", were present at the meeting to further explain the incident. The victim apparently recanted her "attack" story as told to the deputy. She stated that the dog was actually being playful rather than aggressive. Miron made motion, Leroux seconded, to remove the dangerous dog designation for "Pete", owned by Mike Larson of 14954 Francesca Avenue. All aye. Motion Carried. REQUESTED AMENDMENT TO MOLITOR PURCHASE AGREEMENT Mike Fleming, Roy Molitor's attorney, has requested that the purchase price of the property being obtained by the City be increased from $1,112,000 to $1,132,000, an increase of $20,000 over the previously -agreed upon price. City Attorney Galler stated that the $20,000 is requested to offset additional attorney fees for Mr. Molitor. The Administrator suggested that the $20,000 could be applied towards a "meandering" trail system needed in the area, consisting of approximately 1/2 acre. Leroux made motion, Miron seconded, to approve the $20,000 additional payment to Roy Molitor, including the easement for the trail and Fenway Boulevard. The City Attorney is directed to commence with condemnation proceedings if the Purchase Agreement is not completed. VOTING AYE: Leroux and Miron VOTING NAY: Arcand and Goiffon Motion Failed. Goiffon made motion, Leroux seconded, that the City Attorney to make a final offer of $1,112,000 to purchase the Molitor property. If the offer is not accepted, the City attorney is directed to commence with condemnation proceedings for the Fenway Boulevard right-of-way and the Fire Hall property. VOTING AYE: Goiffon, Leroux, Miron ABSTAINED: Warren Arcand Motion Carried. City Council meeting of August 3, 1998 Page 4 FENWAY BOULEVARD/AVENUE BIDS The Council reviewed the City Engineer's report on the bids received for construction of Fenway Boulevard/Avenue on July 30, 1998. The Engineer recommended that the City not award the bid until the Molitor Purchase Agreement has been resolved. The City has 60 days in which to award the bid. Goiffon made motion, Arcand seconded, to table action on this matter until the City Council meeting of August 17, 1998. All aye. Motion Carried. AUTO DISMANTLING LICENSE REQUEST (ARK) Mr. Daniel Stewart, operating Automotive Recycling Kompany (ARK), 16813 Forest Blvd., has applied for a license to conduct automobile dismantling activities at 16813 and 16705 Forest Blvd. These are the locations formerly occupied by Modern Auto Parks and Northside Auto Salvage. Mr. Stewart has applied to operate both locations as one facility. At the request of Mr. Stewart's attorney, this matter was removed from the agenda for discussion. JUNKYARD ORDINANCE REVISIONS At a prior meeting, the Council requested staff meet with representatives of Washington County Health and Land Management and the MPCA regarding potential amendments to the City's automobile recycling ordinance. Mayor Miron attended the meeting and stated that he would like to meet again to finalize discussion. Leroux made motion, Miron seconded, to table this matter to allow Mayor Miron and Councilman Goiffon to work with the license holders and regulatory agencies to review the City's Junkyard Ordinance. All aye. Motion Carried. OAKSHORE PARK II"ROVEMENTS The Woods of Bald Eagle development is making public utilities available to the Oakshore Park subdivision. Residents of Oakshore Park have, again, expressed interest in the City proceeding with the public improvement project for the area. It was recommended that the staff hold an informational meeting for residents to explain the project and be available to answer questions prior to public hearings. Leroux made motion, Goiffon seconded, directing the City Engineer update project costs, and schedule a public hearing on the proposed improvements for September 8, 1998. The Engineer shall include 129th Street in the project costs, but keep figures separate from Oakshore Park. All aye. Motion Carried. City Council meeting of August 3, 1998 Page 5 SPECIAL USE PERMIT (LOWELL) The property located at 14069 Finale Avenue is not in compliance with the SUP issued to Charles Lowell for the property on February 17, 1998; specifically, screening and fencing have not been constructed on the north and west sides of the property as required by the SUP. Vehicles and equipment are being maintained on the site in violation of the Permit. Lee Bernet, attorney representing Mr. Lowell, asked that he be allowed some time in which to resolve the issues raised by the City. Miron made motion, Leroux seconded, to table this matter until the City Council meeting of August 17, 1998. All aye. Motion Carried. RESOLUTION DESIGNATING POLLING PLACES The Council considered a resolution specifying the polling places for elections to be held September 15 and November 3, 1998. Goiffon made motion, Leroux seconded, to adopt RESOLUTION 1998-26, A RESOLUTION DESIGNATING POLLING PLACES FOR THE 1998 ELECTIONS. VOTING AYE: Arcand, Goiffon, Leroux, Miron Motion Carried. LGU DESIGNATION (BCWD AND CMWD) The Council considered a resolution requested by the Board of Soil and Resources designating the City of Hugo as the LGU for management of the Wetlands Conservation Act for that portion of the City located within the Brown's Creek and Carnelian Marine Watershed Districts. Leroux made motion, Miron made motion, to adopt RESOLUTION 1998-27, A RESOLUTION OF THE CITY OF HUGO FOR ADOPTING THE PERMANENT RULES OF THE WETLAND CONSERVATION ACT. VOTING AYE: Arcand, Goiffon, Leroux, Miron Motion Carried. PLAT APPROVAL PROCESS POLICY Due to the large number of applications the City is receiving for subdivisions and platting, the City Administrator prepared a revised process for considering plat approvals in order to clarify some gray areas in City ordinance. The Council had no problem with the revised process, except Condition #8 relating to the permit for grading. Councilman Leroux felt that the permit should apply to subdivisions only, and not to home owners who would like to move a small amount of dirt. The Administrator will revise the policy and return it to the Council for their consideration. City Council meeting of August 3, 1998 Page 6 Leroux made motion, Arcand seconded, to table discussion on the proposed policy until the Council meeting of August 17, 1998. All aye. Motion Carried. LETTER OF CREDIT RENEWALS Two developers, subject to Development Agreements with the City, have refused to renew their letters of credit with the City, as guarantee for certain public improvements. Kenco has refused to renew its letter of credit for the RLM4 subdivision in order to guarantee construction of the sidewalk along the west side of Geneva Avenue. Craig and Mundy Smith have refused to renew their letter of credit for White Oak Heights subdivision. Staff recommended stopping the issuance of building permits for the White Oak Heights development until such as the required letter of credit is posted, as well as directing the City Attorney to institute legal action to enforce this Development Agreement with Kenco. Leroux made motion, Myon seconded, directing the City Attorney to begin proceedings to force compliance with the Development Agreement for RLM4 to construct the sidewalk along the west side of Geneva Avenue. All aye. Motion Carried. Craig Smith had contacted Council member Barnes, questioning engineering charges relative to his development. Leroux made motion, Miron seconded, to delay action on the Smith matter to allow time to clarify charges for engineering inspections. All aye. Motion Carried. GRANT APPLICATION FOR TRANSPORTATION FACILITIES PLAN The Council considered a grant application to be filed by the City and Washington County with Minnesota Planning for partial funding of the City's Comprehensive Transportation Plan. Goiffon made motion, Leroux seconded, to adopt RESOLUTION 1998-28, A RESOLUTION APPLYING FOR A COMMUNITY-BASED PLANNING GRANT TO PARTIALLY DEFRAY THE COST OF PREPARING A COMPREHENSIVE TRANSPORTATION STUDY FOR HUGO. VOTING AYE: Arcand, Goiffon, Leroux, Miron Motion Carried. PARK COMMISSION At the request of the City Park Commission: City Council meeting of August 3, 1998 Page 7 Miron made motion, Leroux seconded, directing the City Administrator to obtain an appraisal of value for the Oakshore Park recreaton area. Motion Carried. 1998 GRAVEL BIDS Based on bids received by the City on July 31, 1998, and the City Maintenance Supervisor's recommendation: Leroux made motion, Arcand seconded, to accept the low bid of $4.46 per ton from J & C Trucking for the 1998 gravel program. All aye. Motion Carried. 1998 BUDGET WORKSHOP Miron made motion, Goiffon seconded, to schedule a 1999 priority/budget workshop for Monday, August 31, 1998, at 7:30 P.M. All aye. Motion Carried. MONTHLY POLICE REPORT Miron made motion, Arcand seconded, directing staff to coordinate an effort with the Washington County Sheriff's Department to provide reoccurring police "trend" reports. All aye. Motion Carried. GUN ORDINANCE COMMITTEE The Committee will meet again, and provide the Council a report of their recommendation at a later date. Goiffon made motion, Leroux seconded, to adjourn at 10:35 P.M. All aye. Motion Carried. Mary Creager City C rk