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HomeMy WebLinkAbout1994.05.16 CC MinutesM.T.NIJT'ES FOR THE HUGO CITY COUNCIL._. MEETING OF MAY 1.6 1994 The meeting was called to order by Mayor Stolt man at 7:00 PM. PRESENT: Barnes, Brunotte, Leroux. Stolt man City Administrator, Robert Museus City Attorney, Greg Galler City Engineer, Joel Dresel City Clerk, Mary Ann Creager Councilman Miron arrived at 7:15 PM. Barnes made motion, Stoltzman seconded, to approve the minutes for the Board of Review of May 2, 1994, as submitted. All aye. Motion Carried. Barnes made motion, Leroux seconded, to table approval of the minutes for May 2, 1994, until the meeting of June b, 1994. All aye. Motion Carried. Leroux: made motion, Brunotte seconded, to approve the claims for May 2, 1994, in the amount of $65,175.88. All aye. Motion Carried. PUBLIC HEARING (FARNHAM AVENUE IMPROVEMENT PETITION) A public hearing was scheduled to consider a petition for the improvement of Farnham Avenue, north of 10th Street, for a distance of approximately 900 ft. A petition by 100 of the property to be benefited by the improvement was received by the City. The Council considered the following options: 1. Deny the petition. 2. Approve the project with the intent of assessing 100 of the project cost against the benefited property. This would require a resolution ordering the project. It is the staff's recommendation to also require an Agreement of Assessment and waiver of any irregularities and appeal. 3. Approve the project and assess for improvements according to City policy. This would require a resolution of the City Council ordering the project, and adjacent property could be assessed up to the in value to their property from the improvement. If option two or three was chosen by the Council, the City would be required to finance the improvement, probably through issuance of a bond, and taxpayers of the City would ultimately be responsible for the bond's repayment. This would amount to a risk of approximately $30,000 per year for ten years. Though assessments are generally a sure means of recovering the City's costs for a project, there could be periods of time when property owners default on these payments. Benefit to the City would be the extension of Farnham Avenue, and its related utilities, to serve the industrial -zoned property to the north 137th Street, with a potential growth in tax: base. The public hearing was called to order, and there were no oral or written comments regarding this matter. (COUNCILMAN MIRON ARRIVED AT 7:15 PM.) City Council meeting of May ib, 1994 Page 2 Leroux; made motion, Miron seconded, to deny the petition for improvement to Farnham Avenue based on the potential for limited public use, and unresolved issues regarding the petitioners' participation in paying for the project. All aye. Motion Carried. PUBLIC HEARING (EGG LAME ROAD PUBLIC IMPROVEMENTS) The City received a petition for the extension of municipal sewer and water services on Egg Lake Road from the east lot line of 6211 Egg Labe Road to west line of Goodview Avenue. The petition was signed by the owners of 34% of the front footage of the land that would benefit from the improvement. Total project cost is estimated at $47,150.00. The public hearing was called to order and residents' comments were as follows: 1. Improvements were not needed. 2. Increase in home value would not equal assessment costs. 3. As long as road is being improved, good time to construct improvements. Barnes made motion, Miron seconded, to table this petition until the Council meeting of June 6, 1994, in order to obtain valuation figures from the City's assessor, and estimate of oversizing costs to the City. All aye. Motion Carried. VARIANCE REQUEST (LANDE) Jonathan Lande, 16040 Jeffrey Avenue, requested a variance to construct a post-framed building in front of the principal dwelling. Given the large lot size, 1,100' setback from the public road, and the topographic limitations on the site, staff recommended approval of the variance. Miron made motion, Leroux seconded, to approve the variance request of Jonathan Lande, 16040 Jeffrey Avenue, for construction of a 1,200 square foot, post-framed building close to the road than the principal building. All aye. Motion Carried. REZONING (WOODS OF BALD EAGLE) Grace Development Corporation has made application to rezone 46 acres, located in the NW 1/4 of the NE 1/4 of Section 31, from SFE and RRl to SFU. The Planning Commission took action on this request on April 27, 1994, and sent the request to the City Council without recommendation. The developer's engineer, Jim Merila, made a presentation to the Council as to his reasons why the property should be rezoned: land located in MUSA, water and sewer availability, benefit to the City, same density could be obtained in SFE zone by Special Use Permit. Adjoining residents opposed to the rezoning, stated the following: high-density development, drainage problems, value of proposed homes too low, potential abandonment of horse area, need for traffic system, lowering of property values. The Council addressed the matter of no written, technical comments provided by other regulatory agencies, and lack of a storm water management plan. City Council meeting of May 16, 1994 Page 3 Miron made motion, Stoltzman seconded, to Grace Development Corporation to rezone 46 the NE 1/4 of Section 31, T31N, R21W, from the Findings of Fact, to be drafted by the All aye. Motion Carried. DEVELOPMENT AGREEMENT (DUCK; PASS) deny the rezoning request of acres, located in the NW 1/4 of SFE and RR1 to SFU, based on City Attorney. The Council considered a Development Agreement between the City of Hugo, Dan Dolan Development, Inc., and Jeffrey H. Barbour, for the proposed Duck Pass subdivision located in the S 1/2 of the NW 1/4 of the N 1/2 of the SW 1/4 of Section 26. Leroux made motion, Miron seconded, to approve the Development Agreement, as amended, between the City of Hugo, Dan Dolan Development, Inc., and Jeffrey Barbour, for the DUCK PASS subdivision, and authorize the Mayor and Clerk to sign said Agreement on behalf of the City. All aye. Motion Carried. FINAL PLAT APPROVAL (DUCK PASS) The Council considered the final plat for the proposed DUCK PASS subdivision. Miron made motion, Brunotte seconded, to approve the final plat for the DUCK PASS subdivision, with the understanding that an easement will be provided for the cul-de-sac on 132nd Street North. All aye. Motion Carried. LETTER OF CREDIT REDUCTION (RICE LAKE MEADOWS PHASE 1) On March 7, 1994, the City Council received a request to reduce the letter of credit for Rice Lake Meadows, Phase 1, from $141,000 to $65,475. The City Engineer, Howard kuusisto, recommended approval of the reduction. The Council determined to retain the full amount of the letter of credit until after the spring thaw to determine the acceptability of Geneva Avenue, south of 147th Street. Staff review indicates Geneva Avenue has not suffered any unusual deterioration, and recommended approving the reduction in the letter of credit, as requested. Leroux, made motion, Brunotte seconded, to reduce the letter of credit for Rice Lake Meadows, Phase 1, from $141,000 to $65,475. All aye. Motion Carried. FINAL PLAT APPROVAL (RICE LAME MEADOWS PHASE 3) Pursuant to a Special Use Permit for Planned Unit Development issued by the Council on September 16, 1991, and a preliminary plat approval on September 16, 1991, Kenco requested final plat approval for Rice Lake Meadows, Phase 3. The City Engineer's report is on file. I City Council meeting of May 16, 1994 Page 4 Miron made motion. Brunotte seconded, to approve the final plat for RICE LAKE MEADOWS, PHASE 3. All aye. Motion Carried. FEASIBILITY REPORT (COST ESTIMATE - CLEARWATER CREEK TO TRUNK HIGHWAY 61 TRANSPORTATION STUDY At the Council meeting of May 2, 1994, the Council made a motion to have the City Engineer review the transportation needs of the developing area between 130th Street to the south, to County Road 8 in the north, from T.H. 61 in the east, to Clearwater Creek in the west. The Council reviewed a work program developed by the City Engineer outlining the tasks to be performed in the study. Barnes made motion, Miron seconded, authorizing the City Administrator to enter into an agreement with OSM for development of a Clearwater Creek to T.H. 61 transportation study, not to exceed $13,440.00. All aye. Motion Carried. WHITE BEAR MEADOWS Council action on May 2, 1994 required the developer of the proposed Whit Bear Meadows subdivision to determine the boundary between the developmen and the property to the north. Mr. Jack Kornovich stated that he had obtained emergency access for White Dear Meadows via the Molitor/Linden property to the south. The survey work was completed, and there was a question as to whether a control structure could be constructed on an easement. White Dear Meadows should be ready for preliminary plat approval on June 6, 1994, subject to the following items be addressed: 1. Proof of right-of-way for provision of a second road access to the development. 2. Proof of legal ability to drain storm water from the development into a judicial on the north edge of the property. 126TH STREET STOP SIGN On November 1, 1993, the Council considered a request for installation of a stop sign on 126th Street and Exhall Avenue. At that time, the Council denied the request, but determined to review the matter in six months. Since the time of last Council action, there has not been a change in the situation leading the staff to reconsider the request. A traffic analysis of the area, prepared by Benshoof and Associates, Inc., for the proposed development known as Woods of Bald Eagle, was provided to the Council for their review. A number of residents were present stating that because of excessive speed, and the large of number children in the area, a stop sig was needed. Miron made motion, Barnes seconded, to extend the meeting past 11:00 PM. All aye. Motion Carried. City Council meeting of May .16, 1994 Rage Brunotte made motion, Leroux; seconded, authorizing installation of a stop sign on 126th Street and Exchall Avenue. VOTING AYE: Brunotte and Leroux; VOTING NAY: Barnes, Miron, Stolt man Motion Failed. CITY ATTORNEY, GREG CALLER Under the DWI laws in Minnesota, the City has a right to claim a $6,000 motorcycle. Miron made motion, Brunotte seconded, authorizing the City Attorney to determine the amount of liens against a Harley Davidson motorcycle owned by Steve Houle. All aye. Motion Carried. Mr. Galler will report on the Walker/Brisson cemetery at the next meeting. MISCELLANEOUS The Mayor received a letter from a resident stating his concern with the use of herbicides in his neighborhood and their effect on his vineyard. Barnes cited new legislation that cities with population over 5,000 would be required to have 100 trash pickup. Administrator Museus will be attending a League meeting, and will find the particulars on the new legislation. Brian McGoldrick addressed the Council regarding his need to construct a j building to conduct his Dyna Glass business. He was informed to provide a drainage plan to the City Engineer. Miron made motion, Leroux seconded, to adjourn at 11:30 PM. All aye. Motion Carried. ee�-W- d4-�� Mary n Creager City erk