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HomeMy WebLinkAbout1998.10.19 CC MinutesNUNUTES FOR THE HUGO CITY COUNCIL MEETING OF OCTOBER 19.1998 The meeting was called to order by Mayor Fran Miron at 7:10 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 Law EnforcemenfReiort (Captain Don -McGlothlin) Charitable Gambling License (St. John's Church) Bueno Agreement Oakshore Park Assessment Hearing (Resolution) Grading Permit (Waugh's Preserve) Goiffon made motion, Leroux seconded, to approve the following Consent Agenda: City Council minutes of October 5, 1998 General Claims for October 19, 1998 Findings of Fact (LaDoux) Findings of Fact (BEIP 1T) Findings of Fact (Bester) Findings of Fact (Wewers) 1998/99 Snowplowing Service Change Order #1 (Fire Hall) Change Order #2 (Fire Hall) Change Order #3 (Fire Hall) Supplemental Agreement (Fenway Avenue) Partial Pay Estimate #1 (Fenway Avenue/Boulevard) All aye. Motion Carried. FINDINGS OF FACT (LADOUX SUP) The Council reviewed the Findings of Fact prepared by the City Attorney regarding the Council's denial of an application by Mr. Rick LaDoux for a Special Use Permit to construct a 2,888 sq ft accessory building on his property located in the RR2 zoning district. Adoption of the Consent Agenda approved the Findings of Fact as prepared by the City Attorney. FINDINGS OF FACT (BALD EAGLE INDUSTRIAL PARK, PHASE 2) The Council reviewed the Findings of Fact prepared by the City Attorney for the Council's rezoning of the BEIP, 2nd Addition, to a combination of industrial and commercial business. Adoption of the Consent Agenda approved the Findings of Fact as prepared by the City Attorney. City Council meeting of October 19, 1998 Page 2 FINDINGS OF FACT (BESTER) The Council reviewed the Findings of Fact prepared by the City Attorney regarding the City's granting Mr. Robert Bester a variance to construct an individual sewage treatment system at least 30 feet from Long Lake. Adoption of the Consent Agenda approved the Findings of Fact as prepared by the City Attorney. FINDINGS OF FACT (WEWERS) The Council reviewed the Findings of Fact prepared by the City Engineer to record conditions of the City's approval of a subdivision requested by Joseph and Barbara Wewers. Adoption of the Consent Agenda- approved -the Findings -as presented:----- _ 1998/99 SNOWPLOWING SERVICES The City received an offer from Keith's Laadscaping, P.O. Box 451, Hugo, MN., to perform snowplowing services for the City, including the City Hall parking lot and lift stations, based on the rate of $45.00 per hour for pickups and bobcats, and $85.00 per hour for loaders. This is the same fee schedule as used in 1997/98. Adoption of the Consent Agenda approved the City entering into an agreement with Keith's Landscaping for snowplowing services during the upcoming winter. CHANGE ORDER #1 (ME HALL) The Council considered architectural modification No. 1 for the Fire Hall construction project, in the amount $1,492.74, reflecting proposed changes to the Fire Hall, including quartz base around the interior of the apparatus room, and increased insulation around the exterior of the building. Adoption of the Consent Agenda approved Change Order No. 1. CHANGE ORDER 02 (FIRE HALL) The Council considered architectural modification No. 2, in the amount of $3,582.67, to account for expenses involved in setting the building back further from the street than originally bid, including extension of driveways and upgrade of drainage. This relocation of the Fire Hall was designed to allow more room for future expansion of 140th Street. Adoption of the Consent Agenda approved Change Order No. 2. CHANGE ORDER 03 (FIRE HALL) The Council considered a proposed amendment to the agreement for construction of the Fire Hall to provide a full -depth foundation for interior walls as recommended by the project's structural engineer. This additional foundation work is recommended added to the winter conditions of the project, amounts to $3,688.98. Adoption of the Consent Agenda approved Change Order #3. SUPPLEMENTAL AGREEMENT (FENWAY AVENUE) The Council considered a proposed Supplemental Agreement between the City of Hugo and Knutson City Council meeting of October 19, 1998 Page 3. Contractingfor the widening of Fenway Avenue, between 140th Street and 142nd Street, from the planned 32 feet to 44 feet, in the amount of $35,353.10. Included in the Agreement is an additional $11,285 to add draintile to Fenway Boulevard at a location where the high ground water table would weaken the street without the added. system. Adoption of the Consent Agenda approved the Supplemental Agreement as proposed. PARTIAL PAY ESTIMATE #1(FENWAY BLVD/AVENUE) The Council considered the City Engineer's recommendation for partial pay estimate No. 1 for the construction of Fenway Boulevard/Avenue, in the amount of $495,094.34 as payment toward work performed. Adoption of the Consent Agenda approved partial payment No. 1 for Fenway —B6Wevard/Avenue. - WASHINGTON COUNTY SHERIFF'S REPORT Captain Don McGlothlin submitted to the Council a statistical report of law enforcement activities from 1994 to present. The Council thanked the Captain for the comprehensive report. SM PLAN APPROVAL (WAGNER GREENHOUSES) Wagner Greenhouses, 6024 Penn Avenue South, Mpls., MN., requested an amended site plan for the operation of the greenhouses formerly owned by Johnson Florists, at 4860 Frenchman Road. They are requesting approval to add a 150' x 260' addition to the greenhouses already located on the property. The proposed greenhouse addition meets the requirements of the City's zoning ordinance for setbacks and maximum pervious surface. Staff recommended approval of the site plan, as submitted. Goiffon made motion, Arcand seconded, to approve the request of Wagner Greenhouses for an amended site plan for the operation of the green houses formerly owned by Johnson Florists, and construct a 150' x 260' addition to the already -existing greenhouses located on the property. All aye. Motion Carried. REVISED DEVELOPMENT AGREEMENT (CREEKVIEW PRESERVE) The Council considered an amendment to the Development Agreement for Creekview Preserve. This amendment removes the requirement to establish a homeowners' association to maintain ponds and drainage in the plat, and adds a condition requiring the developer to post an escrow of $13,600 to cover the removal of either the connection of 159th Street or 165th Street to TH61 in accordance with the permit issued by Washington County. If the commuter rail system never happens, the money is to returned. Leroux made motion, Goiffon seconded, to approve the revised Development Agreement for Creekview Preserve. All aye. Motion Carried. City Council meeting of October 19, 1998 Page 4. FINAL PLAT APPROVAL (CREEKVIEW PRESERVE) The Council considered the City Engineer's recommendation to approve the final plat for the Creekview Preserve subdivision. On Tuesday, October 13, 1998, the County Rail Authority voted to grant a road easement to allow access to the subdivision from TH61. Staff recommended that final plat approval be subject to receipt of the permit from the County. Miron made motion, Goiffon seconded, to approve the final plat for CREEKVIEW PRESERVE, subject to the City Engineer's approval, signing of the revised Development Agreement, and receipt of the Rail Authority's approval to allow access to the subdivision from TH61. All -aye. Motion -Carried:-- -- COMPREHENSIVE STORM WATER MANAGEMENT PLAN The Council reviewed a draft copy of the City's response to concerns raised by the RCWD on the City's Comprehensive Storm Water Management Plan. Pete Willenbring, the City's Water Resource Engineer, was present at the meeting to discuss the document with the Council. Miron made motion, Leroux seconded, that the City supports the Engineer's comments in document, and approved that they be forwarded to the RCWD. All aye. Motion Carried. CLEARWATER CREEK WETLAND ENHANCEMENT PROJECT Engineer Willenbring reviewed the bids received for the construction of holding ponds in the Clearwater Creek Environmental Preserve, and recommended the bid be awarded to the low bidder, Arnt Construction. Leroux made motion, to accept the recommendation of the City's Water Resource Engineer, and award the Clearwater Creek Wetland Enhancement Project to Arnt Construction, in the amount of $238,239.96. All aye. Motion Carried. 157TH STREET CULVERT REALIGNMENT Engineer Willenbring reviewed the bids received for the realignment of the culvert across Hardwood Creek at 157th Street, and recommended the bid be awarded to the low bidder, Midwest Contracting. Leroux made motion, Goiffon seconded, to accept the City's Water Resource Engineer recommendation and award the 157th Street Culvert Realignment Project to the low bidder, Midwest Contracting, in the amount of $38,315.00. All aye. Motion Carried. City Council meeting of October 19, 1998 Page 5 EASEMENT (JACKSON) Tom Jackson appeared before the Council and stated his objection to a clause in the Easement Agreement referencing monthly payments to the Jackson family. He agreed to sign the Agreement if it was amended to indicate clearly that the City will pay a monthly rent during all tines the City is using the property. Miron made motion, Leroux seconded, to approve the Easement Agreement between the City of Hugo and the Jackson family, as amended, to cross their property as part of the construction of Fenway Boulevard. All aye. Motion Carried. EASEMENT (TSCA) The City had not received a response from Mr. Ken Tschida regarding its offer to purchase an easement for the construction of a NURP pond on his property located west of Fenway Blvd. Mr. Ken Tschida appeared before the Council and stated that he would be willing to give the City an easement if the City would include treatment of storm water for his property in the pond. Tom Jackson, mortgage holder on the Tschida property, stated that he objected to the easement. Leroux made motion, Goiffon seconded, to approve the Easement Agreement between the City of Hugo and Ken Tschida to purchase an easement for the construction of a NURP pond on property located west of Fenway Blvd, if available. All aye. Motion Carried. BEAVER PONDS PLAT FILING DATE The City received a letter from Mr. John R Peterson, president of Oakwood Land Development Corporation, requesting to extend the filing deadline for the financial plat of Beaver Ponds until February 1, 1999. Mr. Peterson is not intending to construct utilities for this project until next spring, and seeks filing of the final plat, and paying the necessary fees and securities to the City until such time as he is prepared to proceed with the project. Goiffon made motion, Leroux seconded, to table this request until the Council meeting of November 2, 1998. All aye. Motion Carried. 130TH STREET LIFT STATION BIDS The Council reviewed the engineer's report and the bids received for the 130th Street Utility and Lift Station Improvement Project. Bids came in substantially higher than the engineer's estimate. The developer for the Beaver Ponds subdivision has requested to delay this utility work until next spring City Council meeting of October 19, 1998 Page 6 because of the higher-than-expected cost for the construction of the utilities, and has asked the City delay and rebid the 130th Street utility project, as well. Goiffon made motion, Miron seconded, to table until November 2, 1998. All aye. Motion Carried. TRANSPORTATION PLAN The City received a letter from the Minnesota Planning Agency denying the City's request for a community-based planning grant to assist in paying for the proposed transportation study. A portion of this study is required by state law as -a -component -of -the City's Comprehensive Plan:- In addition, Washington County has agreed to pay $10,000 toward the study for TH61 and CR8. The Council discussed the -various elements of the study in an attempt to determine where the study Could be scaled down. Miron made motion, Leroux seconded, directing staff to request that Scott McBride of OSM appear before the Council to answer questions, and that the City contact the County that the planning grant request was denied and seek additional funding. All aye. Motion Carried. COMPREHENSIVE PLAN (REQUEST FOR TEVIE EXTENSION) Given the City's transportation plan will not be prepared to meet the Sling deadline by the end of the end of this year, staff recommended that the City request an extension for the completion of its Comprehensive Plan by adoption of a resolution. Miron made motion, Leroux seconded, to adopt RESOLUTION 1998-32, A RESOLUTION REQUESTING A SIX-MONTH EXTENSION OF THE DECEMBER 31, 1998 DUE DATE FOR REVIEW OF THE CITY OF HUGO'S COMP PLAN FOR CONSISTENCY WITH AMENDED METRO COUNCIL POLICY PLANS. Voting Aye: Arcand, Goiffon, Leroux, Miron Motion Carried. RICE LAKE PARK BUELDING WATERPROOFING The City received copies of competitive quotes for the installation of draintile around the foundation of the RLPB. Lowest bid was from Keith's Landscaping and Excavating, at $5,367.25. In addition Keith's was the only firm to bid on the project due to the work on the outside of the building. The City Maintenance Supervisor recommended awarding the contract to Keith's Landscaping in the amount $5,367.25. city Council meeting of October 19, 1998 Page 7 Miron made. motion, Goiffon seconded, to accept the recommendation of the City Maintenance Supervisor and award the Rice Lake Park Building waterproofing project to Keith's Landscaping and Excavating, in the amount of $5,367.25. All aye. Motion Carried. RICE LAKE PARK BUILDING HEATING -IND VENTII.,ATING The City received competitive quotes for the replacement of the HVAC units at the RLPB, as well as the addition of air conditioners on the existing forced air heating units. The existing HVAC units are 30 years old, and have not been operated for as long as the City has owned the building. The contractors writing quotes on the project do not have a consensus on tine size the HVAC inriis required. White Bear Heating and Air Conditioning is recommending installing two new 5 -ton air conditioning, and 130 btu heat package units, whereas Comfort Plus is recommending a single 5 -ton natural gas heating and cooling system with 60,000 btu's cooling and 135,000 btu's heating. As a second HVAC unit could be installed at any time, staff recommended the single 5 -ton unit, with the understanding that the second unit may be needed, if the building becomes extensively used. Miron made motion, Leroux seconded, to accept the staff recommendation and award the RLPB heating and ventilating project to Comfort Plus, at a cost of $8.000. All aye. Motion Carried. MAHTOMEDI ICE ARENA REQUEST The City of Mahtomedi requested that the City of Hugo participate in a Joint Powers Agreement with the cities of Mahtomedi and White Bear Lake to construct a new ice arena for the area. Mahtomedi has requested that the City contribute up to $2,955 per year for 20 years. The City's share of the cost representing this proportional enrollment in the Mahtomedi school. district. Leroux made motion, Arcand seconded, to refer this request to the City's Park Commission for their recommendation. All aye. Motion Carried. 1998 UNPAID UTILITY BILLS (RESOLUTION) The Council considered a resolution prepared by the City's Finance Director declaring certain utility bills unpaid, and directed that they be placed on the subject's property tax roll. Leroux made motion, Arcand seconded, to adopt RESOLUTION 1998-33, A RESOLUTION DECLARING UNPAID UTILITY BILLS BE PLACED ON THE TAX ROLLS. Voting Aye: Arcand, Goiffon, Leroux, Miron Motion Carried. City Council meeting of October 19, 1998 Page 8 WAUGHS PRESERVE (REQUEST FOR GRADING MMM Paul Keleher, project manager, stated that the project's name has been changed to Pine View Meadows. He was present to request a grading permit because of the upcoming winter season. Because of a number of delays in obtaining an agreed upon access to the site, preliminary construction has been delayed. He would like access to the water connection on 140th Street. Tom Angus, the City Engineer, felt that 18 -wheelers exiting from Nadeau's could obstruct Flay Avenue traffic. It was his recommendation that the City give no approvals until this matter is resolved. Mr. Keleher felt confident that this issue could be resolved, as have other problem areas. Miron made motion, Leroux seconded, to approve a grading permit for the Pine View Meadows sub division -subject -to -the City Engineer's- acceptance of an amended plan for the construction of Flay Avenue adjacent to Nadeau's. All aye. Motion Carried. FENWAY AVENUE ASSESSMENTS Because of the lower-than-expected bids, and removal of the sanitary sewer, assessments for the project have been reduced. Leroux made motion, Goiffon seconded, to adopt RESOLUTION 1998-34, A RESOLUTION REDUCING THE ASSESSMENTS FOR THE FENWAY AVENUE IMPROVEMENT PROJECT. Voting Aye: Arcand, Goiffon, Leroux, Miron Motion Carried. AMENDED PLAT APPROVAL PROCESS At the Council meeting of October 5, 1998, staff was directed to prepare an amendment to the City's plat approval process restricting the issuance of grading permits for developments until such time as the final plat has been approved by the City Council. An amended plat approval process policy with the requested changes was provided to the Council for their review. After discussion of the pros and cons of the grading policy, and the absence of concerned Council member Barnes, the following motion was made: Miron made motion, Leroux seconded, to table this matter until the Council meeting of November 16, 1998, to allow staff time to provide an "advantageldisadvantage" report. All aye. Motion Carried. DRAINAGE FORUM Councilman Goiffon requested that a meeting scheduled for November 19-20, 1998 at the St. Cloud Civic Center to discuss drainage issues be placed on the agenda. City Council meeting of October 19, 1998 Page 9. Miron made motion, Goiffon seconded, to appoint Warren Arcand and Jim Leroux to attend the . drainage forum in St. Cloud on November 19-20, 1998. The City shall reimburse any costs incurred for the forum. All aye. Motion Carried. MISCELLANEOUS The City received a letter from a resident regarding the sidewalk requirement in RLM#4. It was determined that it would be more prudent to install the sidewalk rather than legally pursuing restitution. The League of Women Voters is sponsoring a Hugo candidate forum at City Hall on 10/22/98. CHARITABLE GAMBLING LICENSE The Church of St. John the Baptist, 14834 Forest Boulevard, has applied for an exemption from a lawful gambling license to conduct a turkey bingo at the above address on November 22, 1998. The City approves the request for a charitable gambling license to conduct the turkey bingo, and waives the 30 -day waiting period. All aye. Motion Carried. OAKSHORE PARK ASSESSMENT HEARING Miron made motion, Leroux seconded, to adopt RESOLUTION 1998-35, A RESOLUTION DECLARING COST TO BE ASSESSED, APPROVING THE PROPOSED ASSESSMENT ROLL, AND ORDERING A HEARING ON THE PROPOSED ASSESSMENT OF THE OAKSHORE PARK P.I. PROJECT. Voting Aye: Arcand, Goiffon, Leroux, Miron Motion Carried. BUENO AGREEMENT Leroux made motion, Goiffon seconded, to approve the Agreement of Assessment and Waiver of Irregularity and Appeal between the City of Hugo and Richard and Patricia Bueno. All aye. Motion Carried. Leroux made motion, Goiffon seconded, to adjourn at 10:00 p.m. All aye. Motion Carried. Mary Ann Creager, City Clerk