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HomeMy WebLinkAbout1998.09.08 CC MinutesNIEWMS FOR THE HUGO CITY COUNCIL MEETING OF SEPTEMBER 8.1998 The meeting was called to order by Mayor Fran Miron at 7:15 p.m. PRESENT: Arcand, Barnes, Goiffon, Miron City Administrator, Robert Museus City Attorney, Greg Galler City Engineer, Tom Angus City Clerk, Mary Ann Creager Councilman Leroux arrived for the meeting at 9:30 p.m. ADDITIONS TO AGENDA Acquisition of Temporary Boulevard Easement Park Commission Report Amended Contract for Fire Hall Miron made motion, Goiffon seconded, to approve the following Consent Agenda: City Council minutes for July 29, 1998 City Council minutes for August 29, 1998 City Council minutes for August 31, 1998 General Claims for September 8, 1998 Letter of Credit Reduction (Sunset Lake Ridge) Special Use Permit (Kersten) Special Use Permit (Johnson Wholesale Supply) Landscaping Approval (Lowell) Subdivision (Fegowi Rentals/Peloquin) Kenco Litigation Final Payment (Francesca Avenue Street Improvement) River City Asphalt Plant Operation Letter All aye. Motion Carried. Goiffon made motion, Miron seconded, to approve the minutes for the City Council meeting of August 17, 1998, as submitted. VOTING AYE: Arcand, Goiffon, Miron ABSTAINED: Debra Barnes Motion Carried. LETTER OF CREDIT REDUCTION (SUNSET LAKE RIDGE) The City Engineer recommended reducing the letter of credit requirement for the improvement of Ingersoll Avenue, south of CR7 to $17,700. Base work and the first bituminous layer have been placed on this roadway, with bituminous wearcoat and various cleanup activities yet remaining. Adoption of the Consent Agenda approve reducing the letter of credit for the improvement of Ingersoll Avenue, south of CR7, to $17,700. City Council meeting of September 8, 1998 Page 2 SPECIAL USE PERMIT (KERSTEN) Richard and Barbara Kersten, 4784 Karen Place, WBL, MN., applied for a SUP to operate an auto repair business at 5448 140th Street in Hugo. Their request was considered by the Hugo Planning Commission on June 24, 1998 and August 26, 1998. The PC recommended issuing the SUP with the following conditions: 1. Provide the City with a parking plan to be approved by the City Engineer. 2. Provide the City with an inspection report from a licensed electrical inspector demonstrating that the property is in compliance with State electrical code. 3. No exterior storage of vehicles or equipment or materials is to be allowed on the site. 4. No open flame is to be used in the building. 5. The SUP is to sunset upon the sale or subdivision of the property. Adoption of the Consent Agenda approved the SUP for 5448 140th Street to allow for the operation of an auto repair business on the site and maintenance of the two principal uses subject to conditions recommended by the PC. SPECIAL USE PERMIT (JOHNSON WHOLESALE SUPPLY) Johnson Wholesale Supply, 2582 Long Lake Road, St. Paul, MN., requested a Special Use Permit and site plan approval to construct greenhouses on their property located at 5226 Frenchman Road. The property consists of approximately 22 acres and is zoned for commercial business. The PC considered this request at their meeting of August 26, 1998, and recommended approval of the SUP and site plan subject to the following special conditions: 1. The Permit is subject to obtaining a. driveway permit from Washington County. 2. The SUP is subject to a site development plan approval by RCWD. 3. The applicant shall provide the City, for City Engineer approval, a driveway and parking plan in accordance with City ordinance, and construct the improvement in accordance with the approved plan. 4. The applicant shall provide a landscaping, sign, and lighting plan for review by the Planning Commission, and approval by the City Council. 5. No retail sales of materials or products shall be allowed on the site except by an amended SUP. 6. No production lighting will be allowed on the site between the hours of 10:00 p.m. and 6:00 a.m. daily. Adoption of the Consent Agenda approved the SUP and site plan for the construction of greenhouses at 5226 Frenchman Road, subject to the conditions recommended by the PC. LANDSCAPE PLAN REVIEW (LOWELL) As a condition of the SUP issued for 14069 Finale Avenue on February 17, 1998, the property owner, Mr. William Lowell, submitted a plan for landscaping the property. The PC considered the plan at their meeting of August 26, 1998, and recommended its approval subject to the coniferous trees planned for the site be a minimum of 6 feet tall, and the deciduous trees be at least 2" in diameter. In City Council meeting of September 8, 1998 Page 3 addition, all yard areas are to be covered with an approved ground cover and maintained in a neat and orderly appearance. Adoption of the Consent Agenda approved the landscaping plan for 14069 Finale Avenue as conditioned by the PC. SUBDIVISION (FEGOWI RENTALS/PELOOUIN) Mr. Dan Birdsall, 22056 Jason Avenue, Forest Lake, MN., requested to subdivide an approximate 65 acre parcel into three parcels. Parcel A of the subdivision, consisting of approximately 54 acres, is that portion of the property currently zoned for agricultural use. Parcel B, consisting of approximately 1.7 acres, is intended for combination with adjacent property owned by Mr. Vern Peloquin in the industrial park. Parcel C, consisting of approximately 10.2 acres, is that portion of the parcel currently zoned industrial. The PC considered this request at their meeting of August 26, 1998, and recommended approval of the subdivision subject to the following conditions: 1. Parcel B may not be recorded as a parcel of record, and is required to be combined with adjacent property. 2. The subdivision shall not be valid until an approved septic system location is provided for Parcel C, or there is an agreement between the City and the property owner, for extension of municipal utilities to the parcel. 3. The road extension of 152nd Street, along the southern edge of Parcel C, shall be improved to the City standard for a commercial collector street at the expense of the developer of Parcel A. Adoption of the Consent Agenda approved the subdivision as conditioned by the PC. KENCO LITIGATION The Council considered a letter from the City Attorney regarding previous Council direction to prepare a lawsuit against Kenco, Inc., to enforce certain terms of a Development Agreement between the City and Kenco. The City Attorney has determined that Kenco, Inc., was dissolved on August 15, 1997, and no longer exists as a corporation. Given the limited dollar amount of the dispute, staff recommended that the Council not invest additional money in this litigation. Adoption of the Consent Agenda directed the City Attorney to cease work on the lawsuit with Kenco Construction, Inc., for the construction of sidewalk in RLM#4. FINAL PAYMENT (FRANCESCA AVE STREET IMPROVEMENT) The Council considered the final construction payment request for the mill and overlay of Francesca Avenue, near Hugo Elementary School, in the amount of $17,422.29. The City Engineer recommended approval of the payment and acceptance of the project. Adoption of the Consent Agenda approved the final payment for Francesca Avenue improvement project, and begins the one- year warranty period for the improvements. RIVER MY ASPHALT PLANT OPERATION REQUEST RCA requested to operate their plant on Irish Avenue through November 24, 1998. The SUP issued to them requires that the plant be removed by November 1, 1998. Adoption of the Consent City Council meeting of September 8, 1998 Page 4 Agenda approved the letter to RCA denying their request. PUBLIC IMPROVEMENT HEARING (OAKSHORE PARK/129TH STREET) A public improvement hearing was held to consider extending municipal sewer and water, and reconstructing streets, through the Oakshore Park subdivision, as well as extending municipal sewer and water north along Ethan Avenue and 129th Street. The estimated cost of these improvements is $1,350,000 for the Oakshore Park subdivision, and $143,240 for Ethan Avenue and 129th Street, along the north shore of Bald Eagle Lake. The Council considered a feasibility report prepared by the City Engineer for the two projects, as well as a sample assessment roll for Oakshore Park project. The City Engineer conducted an open house on the evening of September 3, 1998 to answer questions on the project. The public hearing for the 129th Street project was open for discussion. Tim Kellison questioned whether this project could go forward should the Oakshore Park improvement project fail. He was told that the two were separate project and could go forward. There would be no bike path related to this project. Miiron made motion, Arcand seconded, to authorize hiring an appraiser for preparation of the assessment roll and prepare necessary paperwork for scheduling an assessment roll hearing. All aye. Motion Carried. The public hearing for Oakshore Park improvements was opened for discussion. Ann Smith provided a visual that indicating the number of trees that would be removed should the bike path be constructed. She presented the Council with a petition to save the trees. Becky Petryk presented a concept to handle the storm water through ditches rather than curb and gutter, and expressed concerns regarding increased vehicular speed because of a wider street. She introduced the possibility of creating a one-way street in this area. Robert Moline encouraged the Council to be frugal with their money, and the bike path traffic could create a nuisance for Oakshore Park's marina. Gary Phillips, representing the Bald Eagle Area Association, stated his concern for water quality, and felt that concrete curb and gutter was harmful to the lake. John Good again stated his concern that he would lose a large part of his front yard to accommodate a NURP pond. Jeff Peterson reiterated that the large number of residents signing the petition indicated their opposition to the bike path and wide road. Bob Hanson stated that he did not want Exhall Avenue to be opened to traffic. Tim Agness felt that ditches should be used instead of ponds; 8 ft was too narrow for a bike patch; City Council meeting of September 8, 1998 Page 5 trees should not be removed; and the bike path should have some continuity. Donna Engel asked that the Council bring down the cost of the project and use the money to hire another sheriffs deputy for the City. The public hearing was closed for comments. The Council then discussed the project. Barnes felt that many hours were spent developing road standards for the City, and there could be repercussions from developers should the City divert from these standards. Council discussion continued regarding options available to accomplish the project. Miron made motion, Goiffon seconded, to table until the Council meeting of October 5, 1998 to allow the City Engineer draft options for Council review. All aye. Motion Carried. ACOUISITION OF ROAD RIGHT=OF WAY (BUENO) Mr. Timothy Geck, attorney representing Mr. and Mrs. Bueno regarding the City's acquisition of additional road right-of-way for the construction of Fenway Avenue to 142nd Street, appeared before the Council on their behalf. The City's appraisal of the property indicated a value of $14,000; the appraisal performed on behalf of the property owners indicated a value of $19,700. The City has proposed splitting the difference with the Buenos and paying $16,850 for the road right-of-way. Mr. Geck indicated that in addition to a cash payment, the Buenos were seeking some assurance that they would be able to subdivide the lot, gaining an additional two lots from the property. COUNCILMAN LEROUX ARRIVED AT 9:30 PM. Mr. Geck was informed that the Council would look at the proposed survey, but that the Buenos would have to go through the proper channels for subdivision approval. Goiffon made motion to pay Mr. and Mrs. Bueno $19,700 for the acquisition of additional right of way for the construction of Fenway Avenue. Motion failed for lack of second. Miron made motion, Leroux seconded, that the City offer Mr. and Mrs. Bueno $16,850 for the right of way. All aye. Motion Carried. AUTO DISMANTLING LICENSE (ARK) Mr. Daniel Stewart, operating Automobile Recycling Kompany (ARK), 16813 Forest Boulevard, applied for a license to conduct automobile dismantling activities at 16813 Forest Boulevard and 16705 Forest Boulevard. These are the locations formerly occupied by Modern Auto and Northside Auto Salvage. This application was previously scheduled for Council consideration on August 3 and August 17, 1998, respectively, but was tabled at the request of the applicant. City Council meeting of September 8, 1998 Page 6 My iron made motion, Barnes seconded, to adopt the Findings and Conditions and approve a license for Automobile Recycling Kompany, 16813 and 16705 Forest Boulevard, to conduct automobile dismantling activities. All aye. Motion Carried. SCHEDULE ASSESSMENT HEARING (FRANCESCA AVE STREET E"R) The Council considered a proposed assessment roll for the public improvements made to Francesca Avenue, near the Hugo Elementary School. Leroux made motion, Goiffon seconded, to adopt RESOLUTION 1998-30, A RESOLUTION DECLARING COST TO BE ASSESSED, AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR THE FRANCESCA AVENUE P.I. PROJECT. VOTING AYE: Arcand, Barnes, Goiffon, Leroux, M iiron Motion Carried. Leroux made motion, Barnes seconded, to adopt RESOLUTION 1998-31, A RESOLUTION HEARING ON PROPOSED ASSESSMENT FOR THE FRANCESCA AVENUE P.I. PROJECT. VOTING AYE: Arcand, Barnes, Goiffon, Leroux, Miron Motion Carried. LIONS PARK PLAYGROUND (BID RESULTS) Bids for the Lions Park playground were opened at City Hall on September 3, 1998, at 11:00 a.m. My iron made motion, Goiffon seconded, to accept the low bid from St. Croix Recreation Company at $42,448.45, to purchase the Lions Park playground equipment. All aye. Motion Carried. THANKSGIVING LUTHERAN CHURCH LEASE AGREEMENT The Council considered a proposed letter responding to concerns raised by the TLC over the proposed Lease Agreement for the Rice Lake Park Building. M iiron made motion, Goiffon seconded, to approve the letter of response regarding concerns over the Lease Agreement made by the TLC. All aye. Motion Carried. CREEKVIEW PRESERVE ROAD ACCESS The Council considered a proposed letter to the Washington County Rail Authority requesting that City Council meeting of September 8, 1998 Page 7 they provide access for the Creekview Preserve subdivision to TH61. Dennis Hegberg, Washington County Commissioner, was present to hear discussion of this matter. Mayor Miron mentioned the transportation study being conducted by the City, and asked that the County consider funding the project with additional funds. Miron made motion, Leroux seconded, directing the City Administrator forward a letter to Commissioner Hegberg requesting additional County funds for the City's transportation study. All aye. Motion Carried. Miron made motion, Leroux seconded, to approve the draft letter to the Washington County Rail Authority. All aye. Motion Carried. CREEKVIEW PRESERVE SPECIAL TAXING DISTRICT As part of the Development Agreement for the Creekview Preserve subdivision, the developer is required to establish a homeowner's association to take responsibility for the wetlands and drainage areas within the plat. The developer requested that the City reconsider this requirement, as he believes it will be more expensive to administer the homeowners' association than to maintain the property. As a possible compromise, the City Attorney prepared an ordinance establishing a storm sewer improvement tax district for the subdivision. In principle, this would allow the City to construct improvements necessary to maintain the drainage in the area, and levy a special assessment against all that property within the tax district to pay for the improvements. Leroux made motion, Goiffon seconded, to schedule a public hearing for October 5, 1998, at 7:10 p.m. to consider adoption of an ordinance establishing a storm sewer improvement tax district with the meaning of MN Statute 444.16 et. Seq. All aye. Motion Carried. CREEKVIEW PRESERVE ROAD AND UTILITY AGREEMENT As per Council direction, a draft agreement was prepared between the City of Hugo and Backes Companies for extension of municipal utilities for the Creekview Preserve subdivision. Miron made motion, Leroux seconded, to approve the Creekview Preserve Road and Utility Agreement between the City of Hugo and Backes Companies. Voting AYE: Arcand, Goiffon, Leroux, Miron Voting NAY: Barnes Motion Carried. City Council meeting of September 8, 1998 Page 8 HARDWOOD CREEK/157TH STREET R"ROVEMENT PROJECT Leroux made motion, Goiffon seconded, authorizing Pete Willenbring, the City's Water Resource Engineer, to prepare plans and specs for the Hardwood Creek/157th Street improvement project. Miron made motion, Leroux seconded, to amend the motion directing Mr. Willenbring to advertise for bids for this project for presentation to the Council on October 19, 1998. Vote on Amendment: All aye. Motion Carried Vote on Original Motion: All aye. Motion Carried. CLEARWATER CREEK E"ROVEMENT PROJECT The Council reviewed the plans and specifications for the construction of storm water holding ponds along Clearwater Creek, on property owned by the City, known as Clearwater Environmental Preserves. This project is integral to the improvement of Fenway Boulevard and the Bald Eagle Industrial Park. It has been funded through the bond issue for the Park. Barnes made motion, Goiffon seconded, to authorize staff to advertise for bids for the Clearwater Creek Improvement Project, and submitted bids received to the Council at their meeting of October 19, 1998. All aye. Motion Carried. RESOLUTION APPROVING 1999 PRELPAIINARY TAX LEVY The Council considered a resolution prepared by the City's Finance Director establishing a preliminary tax levy for 1999, in the amount of $1,120,707. Leroux made motion, Miron seconded, to adopt RESOLUTION 1998-32, A RESOLUTION APPROVING PAYABLE 1999 PRELIMINARY LEVY CERTIFICATION. VOTING AYE: Arcand, Barnes, Goiffon, Leroux, Miron Motion Carried. SCHEDULE PUBLIC HEARING (ORD REDUCING COUNCIL SALARIES) At Council direction, staff prepared an ordinance reducing Council salaries by 15%. In order to become effective January 1, 1999, the ordinance will need to be considered and adopted by the Council prior to the general election on November 3, 1998. Miron made motion, Leroux seconded, to schedule a public hearing for October 5, 1998, at 7:20 p.m., to consider adoption of an ordinance amending Chapter 20 entitled "Administration" by reducing salaries for the Mayor and City Council. All aye. Motion Carried. City Council meeting of September 8, 1998 Page 9 REQUEST TO ORDER REMOVAL OF OBSTRUCTION ON HARDWOOD CREEK At Council request, staff prepared a resolution requesting the RCWD order the removal of obstructions on Hardwood Creek, located at CR4 and Harrow Avenue. Miron made motion, Leroux seconded, to adopt RESOLUTION 1998-33, A RESOLUTION REQUESTING RCWD TO ELIMINATE THE OBSTRUCTION IN JUDICIAL DITCH 2 AT CR4 AND AT HARROW AVENUE IN THE CITY OF HUGO. VOTING AYE: Arcand, Barnes, Goiffon, Leroux, Miron Motion Carried. The Council discussed pros and cons for submittal of a resolution or a petition to the RCWD for removal of the obstruction. Miron made motion, Leroux seconded, directing the City Attorney to prepare a legal opinion of the City's responsibilities relative to ditch law should it choose to petition for removal of the obstruction. All aye. Motion Carried. MEETING WITH FOREST LAKE TOWNSHIP/WASHINGTON COUNTY Staff will work to coordinate a meeting between the City of Hugo, Forest Lake Township, and Washington County to discuss potential improvement to Hardwood Creek. No formal was required. OAKSHORE PARK APPRAISAL The City received a report from Lake State Realty indicating a value for the homeowners' park, located at approximately Exhall Avenue and 127th Street, for $110,000. Barnes made motion, Leroux seconded, to forward an offer of $110,00 to the Oakshore Park Homeowners' Association for the purchase of their park. All aye. Motion Carried. 130TH STREET PLANS AND SPECS The Council considered approval of plans and specifications for the extension of municipal sanitary sewer and the construction of a lift station on 130th Street, east of TH61. Miron made motion, Leroux seconded, to accept staff recommendation to advertise the project for bids and report to the Council at their meeting of October S, 1998. All aye. Motion Carried. City Council meeting of September 8, 1998 Page 10 Goiffon made motion, Barnes seconded, to recess the meeting at 11:00 p.m. until September 9, 1998, at 9:00 a.m. All aye. Motion Carried. The City Council meeting was reconvened at 9:00 a.m. on September 9, 1998. PRESENT: Arcand, Barnes, Goiffon, Leroux, Kiron City Administrator, Robert Museus City Attorney, Greg Galler City Engineer, Tom Angus City Clerk, Mary Ann Creager FENWAY AVENUE EVIPROVEMENTS The Mayor requested Council discussion of the improvement of Fenway Avenue, north of 140th Street. It was his opinion that, in order to divert Bald Eagle Industrial traffic from the "downtown' area, Fenway Avenue should be extended north to CR8. Fenway Avenue construction standards should be upgraded to meet those of Fenway Boulevard. Leroux made motion, Goiffon seconded, that the City upgrade the construction standards for Fenway Avenue to meet those of Fenway Boulevard. It was suggested that an appraiser be retained to determine what impact upgrading Fenway Avenue would have on assessments. Miron made motion, Leroux seconded, to amend the motion to include increasing the watermain from 8" to 12". Vote on AMENDMENT: All aye. Motion Carried. Vote on ORIGINAL MOTION: All aye. Motion Carried. It was determined that a bike path should be included in the Fenway Avenue project. Miron made motion, Leroux seconded, directing the City Engineer to prepare a feasibility report for the extension of Fenway Avenue to CR8. All aye. Motion Carried. Barnes made motion, Goiffon seconded, to hire an appraiser to provide a low-cost analysis to determine if previous Fenway Avenue assessment is affected by change to Fenway Avenue project. All aye. Motion Carried. City Council meeting of September 8, 1998 Page 11 FENWAY AVENUE -TRAIL EASEMENT Staff contacted Mr. Roy Molitor regarding the acquisition of additional road easement for the construction of a bike trail along the west side of Fenway Blvd. This additional easement was n a recommended by a study group put together to look at the landscaping along Fenway Boulevard. The additional easement would allow for meandering the trail improving the road's appearance, and amounts to slightly over one quarter of an acre (12,126 sq ft). Mr. Molitor is asking for $10,000 for the additional easement, or approximately $.825 per square foot. Given the west side of Fenway Boulevard is zoned for residential use, the improved appearance of Fenway Boulevard will enhance the value of Mr. Molitor's property, and will probably not result in loss of use. Staff recommended a counter-offer of $.35 per sq ft, or $4,244 for the easement. Miron made motion, Goiffon seconded, that the City maintain the existing trail that has been placed in the area, requiring no additional right of way. All aye. Motion Carried. SEPTIC PROPERTY SITE City staff has negotiated with MCES regarding establishing a septic drop site along the trunk interceptor in the Bald Eagle Industrial Park. A sketch was provided showing the concept for such a site, including controlled access gates, and substantial berming and landscaping to screen this site from view of residential property west of Fenway Blvd. MCES stated that they are willing to pay for right-of-way construction of the driveway access, but do not feel they are responsible for paying for the land to be used for landscaping, nor the landscaping itself. The Administrator was directed to continue negotiations in an effort to resolve the issues. ACOUISMON OF TEMPORARY EASEMENT (FENWAY BOULEVARD The Jackson family was present stating that the City has encroached on their property, without permission, adjacent to Fenway Boulevard, resulting in loss of crops and dirt. Tom Jackson determined that they loss approximately 5,000 yards of dirt. They were asking for $17,000 to compensate them for their loss. Barnes made motion, Goiffon seconded, to offer the Jacksons $1,250 for use of a temporary easement (three months). Price shall include payment for all damages. Voting AYE: Barnes, Goiffon, Leroux, Miron Voting NAY: Arcand Motion Carried. Miron made motion, Leroux seconded, directing staff to work with the Jacksons to locate a mutually - agreed upon site to place the 5,000 yards of dirt that has been removed from their property. All aye. Motion Carried. City Council meeting of September 8, 1998 Page 12 PARK COMMSSION INOUER ES Park Commission, Debra Barnes, queried the Council about issues needing resolution for the Commission to continue their deliberations. Barnes will advise the Commission. AMENDED FIRE HALL CONTRACT Because of the delay in the start of construction of the Fire Hall, two changes were needed for the Contract: 1) new completion date of June 8, 1999, and 2) City to pay winter construction costs in an amount not to exceed $8,000. Leroux made motion, Goiffon seconded, to approve the amended contract for the Fire Hall. All aye. Motion Carried. THANK YOU'S! Miron made motion, Leroux seconded, that the City send thank you letters to attendees at the infiltration meeting of August 13, 1998. All aye. Motion Carried. SHOOTING ORDINANCE COMIIZITTEE After a series of meetings to discuss hunting on the north side of Bald Eagle Lake, the Committee determined that it was no longer feasible to continue hunting on the lake. City Attorney Galler suggested that a Joint Powers Agreement be entered into with all communities located on the lake, or notify law enforcement agencies and the DNR of the findings. Leroux made motion, Barnes seconded, to send notice of findings to Washington and Ramsey County Sheriff's Department and the DNR that hunting will be prohibited on Washington County's portion of Bald Eagle Lake, and request notice be given to hunters of the new regulation. A public notice shall be approved by the Council at their meeting of October 5, 1998. All aye. Motion Carried. Leroux made motion, Goiffon seconded, to recess the meeting at 12 noon until September 16, 1998, 1:30 p.m., Washington County Government Center, to allow the Council to attend a water study meeting. All aye. Motion Carried. 41-� Mary Creager, City Cie