HomeMy WebLinkAbout1998.11.16 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF NOVEMBER 16,1998
The meeting was called to order by Mayor Fran Miron at 7:10 p.m.
PRESENT: Arcand, Barnes, Goiffon, Leroux, Miron
City Administrator, Robert Museus
City Attorney, Greg Galler
City Engineer, Tom Angus
City Clerk, Mary Ann Creager
ADDITIONS TO AGENDA
Update on Fenway Avenue Assessment Appeal
Goiffon made motion, Barnes seconded, to approve the following Consent Agenda:
City Council minutes for November 2, 1998
City Council minutes for November 4, 1998
City Council minutes for November 9, 1998
Firefighter Appointment (Capra)
Firefighter Appointment (Wolkerstorfer)
Partial Payment #2 (Fenway Blvd. Improvement Project)
Supplemental Agreement No. 2 (Fenway Avenue Improvement Project)
Partial Payment No. 3 (Hugo Fire Station)
All aye. Motion Carried.
FIREFIGHTER APPOINTMENT (CAPRA)
The Council considered a letter from Fire Chief, Joe McMahon,stating that Frank Capra had
completed his one-year probationary period as a firefighter, and met all the requirements to continue
service on the Department. Adoption of the Consent Agenda appointed Frank Capra as a regular
member of the Hugo Volunteer Fire Department.
FIREFIGHTER APPOINTMENT (WOLKERSTORFER)
The Council considered a letter from Fire Chief, Joe McMahon, recommending that Donald S.
Wolkerstorfer be appointed as a probationary member of the Hugo Volunteer Fire Dept., subject to
his successfully completing a physical examination. Mr. Wolkerstorfer has completed all the
requirements of Section 1300 of the Department's SOP for appointment. Adoption of the Consent
Agenda appointed Donald S. Wolkerstorfer as a probationary member of the Hugo Volunteer Fire
Dept.
PARTIAL PAYMENT #2 (FENWAY BLVD IMPROVEMENT PROJECT)
The City Engineer submitted construction payment voucher, in the amount of $451,406.69, on behalf
of Richard Knutson, Inc., as partial payment for the construction of Fenway Boulevard and Fenway
Avenue. Adoption of the Consent Agenda approved partial payment as recommended by the City
Engineer.
City Council meeting of November 16, 1998
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SUPPLEMENTAL AGREEMENT #2 (FENWAY AVENUE IMPROVEMENT PROJECT)
The Council reviewed Supplemental Agreement No. 2, prepared by the City Engineer, for the Fenway
Avenue improvement project regarding the extension of the sanitary sewer main to 5326 140th Street
North (Bueno property). This work was done at the request of the property owner, and subject to an
Agreement of Assessment and Waiver of Irregularity and Appeal. Adoption of the Consent Agenda
approved Supplemental Agreement #2, as recommended by the City Engineer.
PARTIAL PAYMENT #3 (HUGO FIRE STATION)
The Council considered an application for payment, in the amount of $62,093.30, as partial payment
for the construction of the City's new Fire Hall. Adoption of the Consent Agenda approved the
payment to Loeffel Engstrand, as recommended by the project architect.
DANGEROUS DOG HEARING (STOLP)
Mrs. Karen Stolp, 4681 170th Street, has appealed the City Attorney's designation of her dogs,
maintained at the above address, as dangerous dogs. This matter was originally scheduled for the
Council meeting of November 2, 1998, but Mrs. Stolp requested that the matter be tabled until this
evening's meeting. Mr. Stolp stated that the dog had never bitten anyone, and were more "annoying"
than dangerous, and the seven (7) dogs were now confined behind a 61/2 ft fence. Neighbors stated
that their children were unable to walk on their own driveway for fear of their safety. It was their
feeling that just the number of dogs created a "pack" mentality, and posed a threat to people.
Members of the Council visiting the home of the dogs did not feel threatened by the animals.
Miron made motion, Leroux seconded, to uphold the City Attorney's decision and declare the dogs
owned by Duane and Karen Stolp as potentially dangerous dogs, with the exception of Dusty. The
remainder of the dogs are to be removed within 60 days to allow time for the owners to find new
homes for the dogs. After 60 days, the City will make an inspection of the property to insure
compliance.
VOTING AYE: Barnes, Leroux, Miron
VOTING NAY: Arcand and Goiffon
Motion Carried.
PUBLIC HEARING (OAKSHORE PARK ASSESSMENTS)
A public hearing was held to consider the assessment of the Oakshore Park subdivision for the
extension of municipal water and sanitary sewer mains, and reconstruction of streets, curb, gutter,
and storm sewer in the development pursuant to MN Statutes 429.011 to 429.111. The total amount
of the proposed assessment is $738,820. The public hearing was opened with the following
comments:
David Black asked what improvements are to be made to Exhall Avenue. Only watermain.
Dennis Garner felt that 32' was too wide. Liked the drainage system in Lake Air Estates.
Becky Petryk lobbied for the infiltration drainage system rather than curb and gutters.
City Council meeting of 11/16/98
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Tun Metry asked what type of curb and gutters were to be installed - 6" vertical high - and objected to
the 32' wide road.
Jess Rousch objected to the width of the road, and asked, please, no curb and gutters.
Tun Trossen objected to road width; driveways adequate for off-street parking; spring flooding
problems could be eliminated with cleaning of ditches/culverts.
Rick Game objected to road width; would lose trees.
John Gion objected to road width; infiltration drainage will work; would lose trees.
Jeff Peterson thought tonight's meeting was to discuss the assessment and not road construction.
Beth Grainger objected to paying interest on a project that would not be finalized.
Frank Watson objected to road width; would lose trees.
Pete Pedersen objected to road width; one acre lots accommodate off-street parking.
The public hearing was closed for public comments.
Leroux made motion, Barnes seconded, to approve RESOLUTION 1998-38, A RESOLUTION
ADOPTING THE ASSESSMENT ROLL FOR THE OAKSHORE PARK P.I. PROJECT. The
resolution shall include Item 5: Assessments shall be deferred for a six-month period from 11/16/98.
VOTING AYE: Barnes, Goiffon, Leroux, Miron
ABSTAINED: Warren Arcand
Motion Carried.
PROPOSED ASSESSMENT ROLL (129TH STREET PQ
The Council considered a proposed assessment roll for the improvement to property abutting 129th
Street, along the north shore of Bald Eagle Lake, for the extension of municipal sanitary sewer and
water service.
Leroux made motion, Goiffon seconded, to schedule a public hearing for December 21, 1998, at 7:05
p.m. to consider, and possible adopt, the proposed assessment for improvements to 129th Street.
All aye. Motion Carried.
ADVERTISEMENT FOR BIDS (130TH STREET Il"ROVEMENT PROJECT)
The City Engineer requested approval of an advertisement for bids relating to the construction of
sanitary sewer force main, water main, and a lift station on 130th Street, east of Forest Blvd. This
project was advertised previously, but the developer for the Beaver Ponds subdivision who is paying
for the proposed work, requested the City readvertise the project to seek more favorable responses.
Mr. Peterson, land developer, discussed the possibility of two lift stations because of the sewer depth.
There was no further discussion on this issue.
Miron made motion, Leroux seconded, to readvertise for bids for the 130th Street lift station project
for review by the Council on December 21, 1998.
All aye. Motion Carried.
City Council meeting November 16, 1998
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MUNICIPAL WATER TESTING REQUIREMENTS
The Council considered a memorandum from Mike Kriz, the City's Maintenance Supervisor,
regarding new testing requirements for the City's municipal water system. This will result in
increased costs to the City's municipal water utility.
Leroux made motion, Goiffon seconded, to accept the recommendation of the City's Maintenance
Supervisor, and hire Serco Labs to perform the City's water supply testing for bacteria.
All aye. Motion Carried.
DEVELOPMENT AGREEMENT (PINEVIEW MEADOWS)
The Council reviewed for approval a proposed Development Agreement between the City and
DeSota Development LLP for the subdivision known as PINEVIEW MEADOWS (formerly Waugh
Preserves). Developer Paul Keleher stated his objection to the amount of the parkland dedication fee
required for each unit in the subdivision, as well as the requirement to obtain a variance to first -floor
building size for a number of units within the development. The Council discussed the objections, and
made no change on the parkland dedication fee. The City Attorney felt that the PUD eliminated the
need for any variance to the first -floor building size. Mr. Keleher also requested approval to allow
occupancy to show his a unit during Parade of Homes in February, 1999. A temporary Certificate of
Occupancy paragraph can be added to the already -revised Development Agreement.
Barnes made motion, Leroux seconded, to approve the Development Agreement for PINEVIEW
MEADOWS, as revised.
All aye. Motion Carried.
FINAL PLAT (PINEVIEW MEADOWS)
the Council considered for approval the final plat for the PINEVIEW MEADOWS subdivision, as
recommended for approval by the City Engineer.
Miron made motion, Goiffon seconded, to approve the final plat for the PINEVIEW MEADOWS
subdivision.
All aye. Motion Carried.
AMENDMENT TO DEVELOPMENT AGREEMENT BEAVER PONDS)
The Council considered a request from Mr. John Peterson of Oakwood Land Development for an
amendment to the D.A. for the Beaver Ponds subdivision. Mr. Peterson requested that the City allow
him construct 130th Street as a 44' wide collector street, from the intersection TH61 to his
development in lieu of the required posting of escrow for the improvement of 130th Street, as it
fronts his development. He also requested a authorization to allow a model home in the Parade of
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Homes. It was agreed that a temporary Certificate of Occupancy could be included in the
Development Agreement, subject to the City Engineer's review of the site plan.
Miron made motion, Goiffon seconded, to approve the amendment to the Development Agreement,
subject to review by the City Engineer.
All aye. Motion Carried.
The Council then discussed construction of the 130th Street as proposed by the developer, and what
future liability the City could realize by not escrowing for the balance of construction of the road to
the east. The Council also discussed the location of the bike path.
Miron made motion, Leroux seconded, to table discussion of 130th Street and the bike path until
December 7, 1998, to allow the City Engineer time to review street plans and bike path.
All aye. Motion Carried.
AMENDMENT TO DEVELOPMENT AGREEMENT (ONEKA LAKE VIEW)
The Council considered a letter from Bruce Kerber, general manager of North Suburban
Development, requesting the City amend the D.A. for Oneka Lake View subdivision to extend
completion of work deadline to July 15, 1999. The current Agreement requires all public
improvements to be completed by November 15, 1998.
Miron made motion, Barnes seconded, to approve the amendment to the Development Agreement to
extend completion of public improvements to July 1, 2000.
All aye. Motion Carried.
AMENDMENT TO DEVELOPMENT AGREEMENT (WOODS OF BALD EAGLE)
Mr. Marcel Eibensteiner of Royal Oaks Realty, Inc., requested that the Development Agreement for
the Woods of Bald Eagle subdivision be amended to allow assigning the maintenance responsibility
for the divider monument on Europa Trail be placed on Lot 2, Block 2 of the development by deed.
This will replace the requirement in the D.A. that he establish a homeowners' association to ensure
the maintenance of the monument.
Leroux made motion, Goiffon seconded, to deny the request of Marcel Eibensteiner to amend the
Development Agreement to allow assigning the maintenance responsibility for the divider monument
on Europa Trail be placed on Lot 2, Block 2 of the development by deed.
All aye. Motion Carried.
PROFESSIONAL SERVICES AGREEMENT (PARKS RECREATION & OPEN SPACE)
The Council received a letter from the City's Park, Recreation, and Open Space Commission
City Council meeting of November 16, 1998
Page 6
requesting the City enter into an Agreement with OSM for the services of Laurie McRostie to assist
the Commission in the performance of their duties. The proposed 1999 budget includes a $12,000 for
professional services in the Commission's budget.
Barnes made motion, Goiffon seconded, to negotiate a Professional Services Agreement between the
City and Lauri McRostie of OSM to assist the Parks Commission with their duties.
All aye. Motion Carried.
PROPOSED FENWAY AVENUE ALIGNMENT
On November 2, 1998, the Council received a feasibility report from the City Engineer regarding the
extension of Fenway Avenue, from 142nd Street to 145th Street. The Council took no formal action
on the report. Since the meeting, the major property owner affected by the proposed project, has
requested the City determine the future alignment for the roadway so that he and his family may plan
for use of their property.
Moon made motion, Leroux seconded, to discuss this matter at the special Council meeting of
November 30, 1998.
All aye. Motion Carried.
Miron made motion, Goiffon seconded, to recess tonight's meeting at 11:00 p.m. until November 30,
1998, 7:30 p.m.
All aye. Motion Carried.
MaryCreager
City Clerk