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