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HomeMy WebLinkAbout1994.10.17 CC MinutesaA I NUTES FEW-; TIDE HUGO CITY C:OUNC:I L MEETING OF OCTOBER 17. 19 '4 The meeting was called to order by Mayor Stoltzman at 7:00 PM. PRESENT: Barnes. Brunot.t.e. Miron, Stoltzman City Administrator, Robert MUseUS City Attorney, Greg Galler City Engineer-, Joel Dresel City Clerk. Mary Ann Creayer ABSENT: James LeroUX Barnes made motion, Stoltzman seconded, to approve the minutes for the special meeting of September 29, 1994, as submitted. VOTING AYE: Barnes, Brunotte, Stoltzman ABSTAINED: Miron Motion Carried. Brunotte made motion, Mir -on seconded, to approve the m.inUtes for the City Council meeting of October 39 1994, as submitted. All aye. Motion Carried. Miron made motion, Brunotte seconded, to approve the claims for October 17, 1994, in the amount of $25,792.69. All aye. Motion Carried. LAKE AIF ESTATES DRAINAGE A public hearing was held to consider- drainage improvement=_ .in the Lake Air Estates subdivision. City staff conducted an informational meeting on October 13th to update area residents of the options available. to the City to correct and .identify problems. The City Engineer's feasibility study is on file. The public hearing was opened, and a number of residents addressed the Council regarding the proposal: who would pay for improvements, safety of children, the different options available to accomplish the improvements, and other areas in need of repair. The Council wanted to emphasize to residents that the ditch cleaning option would not create dry ditches. Stoltzman made motion, Barnes seconded, directing the City Engineer to begin the ditch cleaning improvement process by obtaining cost estimates for the project. All aye. Motion Carried. REQUEST TO ENCROACH ON CIT" Y UTILITY EASEMENT Darrell Granger, 14830 Flay Avenue, requested permission to encroach on a City sanitary sewer easement in order to expand office space for Granger's Body Shop located at 5725 148th Street. This request was reviewed by the City Engineer for possible impacts on the City's utility system, and his comments are on file. Staff recommended denial of the request based on the findings and recommendations found in the City Engineer's report. City Council meeting_ of October- 17. 1994 Page 2 Subsequent to his written report, the City Engineer inspected the Granger property, and suggested that additional easement be acquired to the west. and any subsequent costs for liability be the responsibility of the property owner. Miron made motion, Brunotte seconded, to table the Granger request until the City Attorney drafts an agreement for review by the Council at the meeting of November 7, 1994. All aye. Motion Carried. REQUEST TO MAINTAIN SNOWMOBILE TRAIL ($NRR RIGHT-OF-WAYS. The Washington County Star Trail Association has made a request to Washington County for use of the abandoned railroad bed, from County Road 8 to the Chisago County line, for use as a snowmobile trail. This property was recently acquired by Washington County for use as a biking and hiking trail. The County has requested the opinion of the City on the appropriateness of using this right -of --way for use by snowmobiles. There are no known plans for public use of the trail during the 1994-95 winter season. The trail runs parallel and close to T.H. bl. The use of the trail will impact residential properties from the general locations of 150th Street to County Road 8, 165th Street to 170th Street, and other scattered locations. The operation of snowmobiles within the limits of the City of Hugo is regulated by Chapter 181 of the City code. Miron made motion, Stoltzman seconded, finds the use of the abandoned railroad bed in the City of Hugo acceptable as a snowmobile trail by the Washington County Star Trail Association for a one-year period, subject to the following conditions: 1. All local ordinances and regulations shall be followed by the Star Trail Association and users of the trail. 2. Within the City of Hugo, 15 mph speed limit signs shall be posted within 100' of all inhabited dwellings. 3. Signs should be posted at the entrance of all trails leading into Hugo stating that it is unlawful to operate a snowmobile within City limits during the following times: a. Sunday through Thursday, 11:00 PM to 6:30 AM. b. Fridays and Saturdays, 1:00 AM to 6:.30 AM. 4. The Star Trail Association shall be encouraged to self -patrol themselves in an effort to comply with City regulations. VOTING AYE: Brunotte, Miron, Stoltzman VOTING NAY: Barnes Motion Carried. The City Administrator is to draft a letter to the Washington County Board of Commissioners stating the City's concerns with use of the trail by snowmobiles, and submit to the Council for their review. CURBSIDE RECYCLING/MANDATORY GARBAGE COLLECTION The Council reviewed a report and recommendation submitted by Intern, Laurie Kerr, regarding establishment of an ordinance requiring and City Council meeting of October 17, 1994 Page _ controlling garbage collection and curbside recycling activities in the community. Miron made motion, Barnes seconded, to accept the recommendation of Laurie Kerr that the City require curbside recycling by ordinance and license haulers to ensure compliance, and begin preparation of said draft ordinance. All aye. Motion Carried. FARM WASTE DISPOSAL_ Relating to the adoption of a City ordinance requiring garbage collection and curbside recycling, there is an issue as to whether these requirements currently apply to farm operations in the City of Hugo. State law currently exempts farms from the requirement of having garbage collection services unless the County Board of Commissioners adopts a resolution stating that solid waste pickup is reasonably available to all farms in the County. The City Attorney's drafted an opinion on this matter. Whether the City is to require farmers to contract for garbage is solely dependent upon the action of the County Commissioners. This issue needs to be resolved before the City can proceed and adopt a solid waste management ordinance. Miron made motion, Brunotte seconded, directing City staff to draft a letter to the Washington County Board of Commissioners to address this issue. All aye. Motion Carried. FIRE DEPARTMENT (EXPENDITURE REQUEST) Chief Wisner requested authority to purchase ten sets of turn out gear- as replacements for current unserviceable equipment. Chief Wisner wishes to purchase five sets from the 1994 budget and five sets from the 1995 budget, at a cost of X1,0(--)0 per set. Brunotte made motion, Miron seconded, authorizing the Fire Chief to purchase the sets of turn out get, five sets to be charged to the 1994 budget and five sets to be charged to the 1995 budget, after obtaining three price quotes. All aye. Motion Carried. FIRE SUPPRESSION PERMITS Minnesota Rule 7512.1100 requires fire protection contractors to obtain a permit for fire protection related work prior to the installation of any sprinkler system or related equipment. State law provides that the City may exercise authority over these permits or opt to allow the State Fire Marshal's office permitting authority within the City. For the City to issue the permits, the City's building official, or other staff member, would be required to attend training to become certified with the City Council meeting of October 17, 1994 Page 4 protection equipment, and also attend recurring training programs to maintain qualification in this area. Given the low numbers of such permits currently being issued in the City, staff believes that providing authority for these permits to the State Fire Marshal's office makes sense to avoid unreasonably high overhead costs. Miron made motion, Stoltzman seconded, to adopt RESOLUTION 94-21. RESOLUTION PERTAINING TO THE PERMITTING OF FIRE PROTECTION SYSTEMS IN 'THE CITY OF HUGO. VOTING AYE: Barnes. Brunotte, Miron. Stoltzman Motion Carried. JUDICIAL DITCH #2 (HARDWOOD CREEK) MAINTENANCE The City received notice from the Rice Creek. Watershed District that it intends to conduct maintenance work on Hardwood Creek within the City of Hugo, and that funding has been committed to the project. The City has an option of either performing the maintenance work itself, or by default, allowing the Watershed District to perform the work.. As the proposed work extends beyond the boundaries of the City of Hugo, to include Forest Lake Township and the City of Lino Lakes, staff stated that it would be more efficient to allow the Watershed District to let one contract for the entire project, with the City reserving the right to review, and comment upon, the conditions and standards of the work. performed. Barnes made motion, Miron seconded, authorizing the City Administrator to send a letter to Kate Drewry at RCWD, stating that the City designates the RCWD to act as the contractor for judicial ditch #2 maintenance project. All aye. Motion Carried. RCWD BOARD OF MANAGER VACANCY The City received notice from the RCWD that the term of office for Roger Oberg, as a manager of the RCWD, will expire on January 17, 1995. The County Board appoints district managers from a list of nominees submitted by the municipalities that are wholly or partially in the watershed district. Given the City's close relationship with the RCWD, and the importance of the District's activities in the City of Hugo, it would be appropriate for the City to nominate a candidate to fill the candidacy. Barnes made motion, Miran seconded, the appointment of David Schumann to Commissioners. All aye. Motion Carried. 1994-95 SNOWPLOWING CONTRACT that the City recommend to the RCWD serve as a manager on their Board of The City of Hugo contracts with a priva+e individual to remove snow from the parking lot by City Hall, accesses to lift stations, and other facilities not serviced under contract by Washington County. Mr. Keith Cit/ Council meeting of October 17, 1994 Page 5 Greenwaldt has been performing this service for the Cit/ for a number of /ears, and has done a good job. He has submitted a proposal to continue providing this service at a rate of $42.50 an hour, up from $42.00 from the previous year. Stolt man made motion, Brunotte seconded, to contract with Keith Greenwaldt for 1994-95 snowplowing services at a rate of $42.50/hr. All aye. Motion Carried. COUNTY ROAD COST SHARING POLICY The Council previously received a copy of the proposed road cast-sharinq policy prepared by Washington County. The Council received changes to that policy. No action was required for this matter. NEW POST OFFICE UPDATE The U.S. Postal Service received proposals for a site to 'locate the new Post Office in the area until October 7, 1994. The Postal Service will be reviewing and prioritizing these proposals on October 25, 1994, and the City should receive a response from them the second weed:. of November. No action was needed for this matter. SPECIAL CENSUS UPDATE The special census commissioned by the City to qualify for State Aid street funding is in progress, and should take approximately two weeks to complete. The City should receive an initial census count by the end of the month. No action was needed for this matter. AL"MINISTRATOR'S PERFORMANCE REVIEW At the last Council meeting, the City Council determined to conduct a review of the performance of the City Administrator during a special meeting on October 24, 1994, and requested that staff prepare a format with background information for use during the review. The Council determined that October 24th did not allow adequate time in which to complete the review. Attorney Galler will compile results of the Council review. Miron made motion, Efrunotte seconded, to reschedule the City Administrator's performance review for November 29, 1994, following 'rr-utti in Taxation. Performance evaluations are to be pro-,,ided to the City Attorney by 11/11/94, with results returned to the Council on 11/18/94. All <<ye. Motion Carried. SPECIAL MEETING (WOODS OF BALD EAGLE LITIGATION) The Council meeting of October 3. 1994 was recessed until the meetinq of October 5, 1994 in order to allow discussion regarding issues surrounding the current litigation between the City of Hugo and Grace Development. This meeting did not occur as the attorney representing the City's insurance carrier was not available. City Council meeting of October 17, 1994 Page 6 Stolt man made motion, Barnes seconded, to schedule an executive session of the Hugo City Council for November 9, 1994, following the Board of Canvass, to allow discussion regarding issues surrounding the current litigation between the City of Hugo and Grace Development. All aye. Motion Carried. SPECIAL MEETING (CANVASS ELECTION RESULTS) In accordance with Minnesota Statutes, Chapter 205.185. Subdivision 3, the Hugo City Council is required to meet within two days following a municipal election to canvass the returns and declare the results of the election. Stolt man made motion, Barnes seconded, to schedule the Board of Canvass for the City's municipal election for November 9. 1994, at 7:00 PM. ORDINANCE VIOLATION The City received a complaint regarding a possible violation of City ordinance at 5941 Oneka Lake blvd: specifically, the accumulation of junk on the property. The City's building official investigated the complaint, and a letter was sent to the property owner on April 7, 1993 explaining the violations found, and requesting the site be brought into compliance with City code. A follow up letter was sent on August 15, 1994 directing that the property be brought into compliance by September 15, 1994. 'This matter was turned over the City Attorney on September 20, 1994, as no visible effort has been made to comply with the City's ordinances. Staff requests authorization to initiate court action against the owners of 5941 Oneka Lake blvd., to bring the property/ into compliance with City code. It was determined that some progress has been made to clean the property. Miron made motion, Stolt man seconded, directing the City staff to notify the property owner that they have been given an extension of time, until the Council meeting of November 7, 1994, to show substantial effort to comply with City ordinances. All aye. Motion Carried. MISCELLANEOUS An on-site inspection of the River City Asphalt mining operation will take place on 10/19/94. Councilman Miron asked if they had an inspection fee on deposit to cover City costs. Staff will review and respond. JOINT MEETING WITH LINO LAMES Miron made motion, Barnes seconded, to schedule a joint meeting with the City of Lino Lakes for November 16, 1994, 7:30 PM, at a place yet to be determined, for the purpose of discussion of shared concerns. All aye. Motion Carried. City Council meeting of October 17, 1994 Page 7 BALD EAGLE LAKE ACCESS The City has discussed closing the 121st Street Bald Eagle Lake access and movinq the access to the location of Bobber's Boats and Baits located on the north west side of the lake. Mr. McElmury stated that he would consider granting the City an easement in exchange of two changes to his existing Special Use Permit: 1. Allow winter operation of his business. 2. Removal of the sunset clause from his SUP. The City Administrator recommended that the City offer him cash rather than alterinq his Permit. Councilman Brunotte indicated an interest in allowing winter operation of the business, but not removal of the sunset Clause on the SUP. Miron made motion, Stoltzman seconded, directing the City Administrator to start preliminary neqotiations with Robert McElmury in an effort to obtain an easement for access to Bald Eagle Lake. All aye. Motion Carried. CITY ATTORNEY The City Attorney reported that the City can forfeit on a 1986 Merri.iry Lynx because of the owner's DWI offenses. Miron made motion, Barnes seconded, directing the City Attorney take the necessary legal steps to obtain mentioned vehicle. All aye. Motion Carried. CITY ENGINEER The City Engineer discussed the possibility of requiring bonds for installation of gas mains within the City. Stoltzman made motion, Barnes seconded, to adjourn at 9:45 PM. All aye. Motion Carried. Gov c%���i Mary n Creager Cit% lerk v