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HomeMy WebLinkAbout1994.09.06 CC MinutesMINUTES FOR THE CITY COUNCIL MEETING OF' SEPTEMBER 6 1994 The meeting was called to order by Mayor Stoltzman at 7:00 PM. PRESENT: Barnes, Brunotte, Miron, Stoltzman LerOUX arrived at 7:10 PM. Administrator, Robert Museus City Attorney, Greg Galler City Engineer, Urian Bourassa City Clerk, Mary Ann Creager Miron made motion, Brunotte seconded, to approve the minutes for August 15, 1994, as submitted. AYE: Brunotte, Miron, Stoltzman ABSTAINED: Barnes Motion Carried. Brunotte made motion, Stoltzman seconded, to approve the minutes for the special meeting of August 22, 1994, as submitted. AYE: Brunotte, Miron, Stoltzman ABSTAINED: Barnes Motion Carried. Miron made motion, Stoltzman seconded, to approve the minutes for the special meeting of August 29, 1994, as submitted. AYE: Brunotte, Miron, Stoltzman ABSTAINED: Barnes Motion Carried. Miron made motion, Brunotte seconded, to approve the claims for September 6, 1994, in the amount of $59,817.49. (LEROUX ARRIVED AT 7:10 PM). All aye. Motion Carried. Miron made motion, Leroux: seconded, to change the order of agenda business by addressing Item 7 then 5 at this time. All aye. Motion Carried. COMMERCIAL SITE FLAN AP'P'ROVALS During the Planning Commission meeting of August 24, 1994, the PC discussed the City's method of reviewing commercial site plans. Hugo City Code, Chapter 3.20-4, Subd. J and K, states that the City Council may refer site plans to the PC, the City Engineer, or City Planner for recommendations. If referred to the PC, that body may hold a public hearing on the site plan, and make a recommendation to the City Council within 90 days after the referral. Failure of the PC to submit a recommendation within the prescribed time would be considered a recommendation of approval. Jim Kellison, Planning Commissioner, stated that they would like to use the expertise available on the Commission, and review commercial and industrial site plans. There was discussion about City Council meeting of September b, 1994 Page 2 possible site plans that would meet all city codes and not need to be reviewed by the Planning Commission. Leroux made motion, Miron seconded, directing the City Administrator to develop a suggested policy for review of commercial and industrial site plans. All aye. Motion Carried. REZONING/MINOR SUBDIVISION/VARIANCE (YOUNG) Terrance and Josephine Young, 17396 Ingersoll Avenue, have applied for rezoning, subdivision, and variance pertaining to the property located at the south west quadrant of Ingersoll Avenue and 175th Street. The property consists of 20 acres currently zoned conservancy. The Youngs received a permit from the RCWD, as well as statements of suitability for septic sites on each lot from Washington County. The Youngs requested a variance to lot size for Parcel A in order to align the property description with the north quarter section line. The Planning Commission conducted a public hearing on the Young's request on August 24, 1994, and a motion to recommend approval of the rezoning to agriculture to allow for the subdivision failed. No recommendation was made on the subdivision or variance. The Council discussed the Young's property, and determined that it was too wet to allow for adequate sites for two residences. Miron made motion, Barnes seconded, to deny the rezoning request of Terrance and Josephine Young to rezone 20 acres from conservancy to agriculture. The City Attorney is directed to draft a Findings of Fact outlining the Council's position for denial of the rezoning request. AYE: Barnes, Brunotte, Leroux, Miron NAY: Stoltzman Motion Carried. MINOR SUBDIVISION (STRANDBERG) Ruby and Delmer Strandberg, 7018 Wyoming Trail, Wyoming, MN., and Alton and Anna Schoch, 340 Ninth Street W., Dickinson, North Dakota, have requested a minor subdivision, with a variance for road frontage, for property they own in the NW 1/4 of the NW 1/4 of Section 7, T31N, R21W, Washington, County. The property in question consists of 21.8 acres and is zoned agriculture. The applicants have requested subdivision of the property into one 10.8 acre parcel and one 11 acre parcel. Due to previous subdivision of the property, the applicants cannot provide the 300' of road frontage required for each parcel, and have requested a variance to the Hugo City Code, Chapter 320-4, Subd. O, to allow the subdivision. There is an existing home on Parcel A, and a perc test has been performed on Parcel B, but no approval has been received for septic system construction from Washington County. The Hugo Planning Commission conducted a public hearing on the proposed subdivision and variance on August 24, 1994, and recommended approval of the minor subdivision and variance, subject to special conditions. The Council discussed the property and the its ability to accommodate building sites': City Council meeting of September b, 1994 Page Stolt man made motion, Barnes seconded, to approve the minor subdivision for Ruby and Delmer Strandberg, to subdivide 21.8 acres into one 10.8 acre parcel and one 11 acre parcel, with a variance to the 3,00' road frontage requirement. Approval is subject to the following conditions: I . Submission of an approved septic system approval from Washington County for Parcel B. 2. Approval from the RCWD, if necessary, be provided. Any type of permanent crossing of Hardwood Creek: must be approved be the Rice Creek Watershed District. AYE: Barnes, Leroux:, Stoltzman NAY: Brunotte, Miron Motion Carried. SITE PLAN APPROVAL (GRANGER) Granger, Inc., 14797 Forest Blvd., has requested site plan approval for replacement of their auto -service building on the above lot, as well as the addition of a fast-food restaurant and car wash. The site plan was reviewed by the City Engineer, and his recommendation .is on file. Councilman Miron felt that the plan should be reviewed by the Planning Commission and forwarded to the Council with their recommendation. Mark Granger stated that they are phase developing their site, and are looking for approval of the auto -service building located at 14797 Forest only. The matter of the restaurant would be handled by the Council at a later, after review by the Planning Commission. Miron made motion, Leroux; seconded, to approve the site plan for Granger's Inc., for construction of an auto -service building and car wash at 14797 Forest Blvd. Approval is subject to the following conditions: 1. Recommendations of the City Engineer, as outlined in letter dated 09/02/94. 2. Submission of permits from MNDOT and the Rice Creek Watershed District, where necessary. 3. Submission of easement from adjacent property owner to the south for improvements to the storm sewer system. All aye. Motion Carried. FIRE DEPARTMENT TRAINING PLAN (WALLICK) Mr. Dean Wallick, under contract with the City of Hugo through the Minnesota Technical Institute System, was present to explain his plan for assisting the Hugo Volunteer Fire Department in meeting its training needs. Mr. Wallick will provide a quarterly report to the Council. BROWN'S CREEK WMO APPOINTMENT Mr. Dave Truax's appointment to the Brown's Creek WMO expired on July 31, 1994, and he has expressed interest in continuing to serve the community on the Board of the WMO for another three year term, which -•would run August 1, 1994 to July 31, 1997. City Council meeting of September b, 1994 Page 4 Stoltzman made motion, Miron seconded, to appoint Dave Truax to the Brown's Creek WMO for a three-year term to expire on July 31, 1997. All aye. Motion Carried. LAME AIR -ESTATES DRAINAGE REPORT No action was taken on this matter. meeting of September 19, 1994. TRAFFIC STUDY It will be discussed at the Council Charles Rickart, Traffic Engineer from OSM, reviewed with the Council results of a traffic study commissioned by the City for the area bounded by Trunk Highway 61, Clearwater Creek, 120th Street, and County Road 8. An amended study will be prepared, and will be sent to Washington County and MNDOT for their review. HOME JOINT POWERS AGREEMENT The Washington County HRA requested that the City of Hugo enter into a Joint Powers Agreement in order for the County to qualify for HOME funds, which provide tenant -based, rental assistant, home ownership, rehabilitation, new construction, rental rehabilitation, and homeowner assistance for residents of the County, who are at, or below, 8(--)% of its median income. Last year, the City of Hugo entered into a Cooperative Agreement with Washington County for the same purpose. The Joint Powers Agreement creates a permanent, administrative method for qualifying for HOME funds. The Agreement and Resolution proposed by Washington County was reviewed by the City Attorney. Nathan Marsten, representative of the Washington County HRA, was present at the meeting to discuss the request, as well as answer any questions of the Council. Leroux made motion, Miron seconded, to adopt RESOLUTION 94-17, RESOLUTION APPROVING A JOINT POWER AGREEMENT BETWEEN THE CITY OF HUGO AND THE DAKOTA COUNTY CONSORTIUM FOR THE PROCUREMENT AND MANAGEMENT OF LOW-INCOME HOUSING FUNDS. All aye. Motion Carried. KUUSISTO INDEMNITY RELEASE At the Council meeting of August 15, 1994, the Council considered a Release and Indemnity Agreement between the City of Hugo and Howard A. Kuusisto Consulting Engineers regarding the release of electronic files by Kuusisto the City. The Council approved the Agreement subject to approval by the City Attorney. Based on the recommendation of the City Administrator, notwithstanding the negative recommendation of the City Attorney, the following motion was made: Miron made motion, Leroux seconded, to approve the Release and Indemnity Agreement between the City of Hugo and Howard A. Kuusisto Consulting Engineers, regarding the release of electronic files to th6 City. All aye. Motion Carried. City Council meeting of September 6, 1994 Page 5 WATER TOWER AND WELL PAYMENTS The Council considered staff recommendations for payments to be made for work completed on the City's new water tower and well. Stoltzman made motion to approve payments for the water tower and well project, as recommended by the City Administrator. Motion died for lack of second. There was further discussion regarding the project and costs incurred and charged to the City by the contractors. Miron made motion, Barnes seconded, to accept the staff's recommendation for payment of the final bills on the City's new water tower and well project as follows: CEI Na -Con ($6,061.50), Municipal Builders ($2,104,67), M;uusisto Engineering ($2,696.33), and Erickson Ellison & Associates ($3,444.40). Payment of the CBI Na -Con's invoice is to be held until the Minnesota State Board of Electricity certifies the cathodic protection control unit. All aye. Motion Carried. REQUEST FOR SPEED LIMIT ADJUSTMENT Ms. Pam Oman, owner of the Twin Pine Trailer Court, has requested that the City Council consider petitioning MNDOT for reduction of speed limit on Trunk Highway 61, near the trailer park. She has indicated that there is difficulty in vehicles exiting the park onto the highway, and seeks to have the speed limit reduced to 35mph. The City Administrator will discuss this request with MNDOT during times of other discussions on Highway 61 projects. SPECIAL MEETING SEPTEMBER 12, 1994 Due to the statutory deadline of September 15, 1994 for certifying the City's maximum 1995 tax levy to Washington County, and the fact that the City has not receive its tax capacity estimate from the County, staff recommended that a special City Council meeting be held on September 12, 1994 to review the proposed budget impact on the City's property tax rate, and approve the maximum 1995 levy to the County Auditor. During the special meeting of August 29, 1994, a motion was made and adopted to conduct such a special meeting at 7:30 PM, on September 12, 1994. MISCELLANEOUS Staff requested Council direction regarding possible forfeiture actions the City may pursue on a 1984 Blazer that was impounded due to a DWI offense. Under State law, the City may claim the vehicle and use the vehicle, or any proceeds of its sale, for law enforcement activities. The fundamental purpose of this law is to get drunk drivers off the road. In this case, it is unlikely that the proceeds from the sale of the vehicle will cover the City's expense in obtaining its forfeiture.• City Council meeting of September 6, 1994 Page 6 Leroux made motion, Miron seconded, authorizing the City Attorney to proceed with legal work to obtain a 1984 Blazer by forfeiture. All aye. Motion Carried. The Council again discussed the need for the City to participate in the relocation process for the Post Office, if they desire to keep the building in the City. Miron made motion, Brunotte seconded, to schedule a Council workshop for September 21, 1994, at 7:30 PM, for the purpose of discussion of a location for the new Post Office. All aye. Motion Carried. FIRE DEPARTMENT DISCIPLINARY HEARING (CONTINUED) On Monday, July 119 1994, the Hugo City Council conducted a hearing to determine if discipline of any nature was warranted against a member of the Hugo Volunteer Fire Dept. The Findings of Fact and recommendations of the Administrative Law Judge presiding at the hearing have been provided to the Council separately. The individual involved has been notified of the Council's continuation of the hearing, and as that individual has requested a closed hearing, further discussion should be made in executive session. Miron made motion, Brunotte seconded, that pursuant to Minnesota Statutes 471.705, Subd. 1D(c), we close the public portion of this meeting and adjourn into a closed session for further consideration of allegations or charges against an individual subject to our authority. All aye. Motion Carried. PRESENT: Barnes, Brunotte, Leroux, Miron, Stoltzman City Administrator, Robert Museus City Attorney, Greg Galler City Clerk, Mary Ann Creager Stoltzman made motion, Miron seconded, to table this matter until the meeting of September 19, 1994. All aye. Motion Carried. Stoltzman made motion, Miron seconded, to close the executive session and return to the open meeting . All aye. Motion Carried. Stoltzman made motion, Brunotte seconded, to adjourn at 10:59 PM. All aye. Motion Carried. Mar nn Creager Ci y Clerk