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HomeMy WebLinkAbout1993.04.05 CC MinutesThe meeting was called to order by Mayor Stoltzman at 7:00 PM. PRESENT: Barnes, Brunotte, Leroux, Miron, Stoltzman City Administrator, Robert Museus City Attorney, Grey Galler City Clerk, Mary Ann Creager Leroux made motion, Brunotte seconded, to approve the minutes for the regular City Council meeting of March 15, 1993, as amended. All aye. Motion Carried. Miron made motion, Brunotte seconded, to approve the minutes for the Special Council meeting of March 20, 1993, as submitted' All aye. Motion Carried. Miron made motion, Barnes seconded, to approve the claims for April 5, 1993, in the amount of $76,687'17' All aye. Motion Carried. Alan and Barbara Pauling applied for a Special Use Permit to construct an accessory building on their property located at 4948 124th Street North. The purpose of the SUP would be to allow an accessory bqilding of 840 square feet, which exceeds the 640 square feet allowed in the SFE district' Chapter 320-4, Subd. G(3), allows accessory storage in excess of 640 square feet as a special use when constructed with similar siding as used on the residence. The Planning Commission conducted a hearing on the SUP on March 24, 1993, and recommended approval the SUP conditioned that the exterior of the building be sided to match the existing home on the site. Miron made motion, Brunotte seconded, to approve the request of Alan and Barbara Pauling of 4948 124th Street North to construct a 24' x 36' accessory building, which exceeds the 640 square feet allowed in the SFE district. The building is to be constructed so that the exterior of the building be sided to match the existing home on the site, and is to be used for residential purposes only. All aye. Motion Carried. Darrell Tavernier and Robert McElmury have applied for a SUP to operate a boat rental establishment on property owned by Tavernier on the north end of Bald Eagle Lake' This facility has been in existence for over 30 years at its present site. The purpose of the SUP is to clarify property status, and the operations permitted on the site, prior to sale of the property by Darrell Tavernier to Robert McElmury' The Planning Commission conducted a public hearing on this request on March 24, 1993, and recommended denial of the SUP based on safety and environmental concerns, City Council meeting of April 5, 1993 Page 2 potential for expansion of a nonconforming use, parking and litter problems present at the site, and that the business does not conform with the characteristics of the residential neighborhood in which it is located. Because the business has been in existence for a long period of time, and the City could establish some guidelines as to what does/will exist at the site, the following motion was made: Miron made motion, Leroux seconded, to table this matter until the meeting of April 19, 1993, to allow the City Administrator and City Attorney to establish guidelines for the operation of the boat -rental business' All aye, Motion Carried. The Hugo Lion's Club has applied for a one -day, off-site lawful gambling permit to conduct lawful gambling activities at the Hugo City Park on June 5, 19935 as part of the Good Neighbor Days annual celebration' The Lions have conducted similar activities in the past, and presented no problems for the City. Staff recommends approval of the permit. Miron made motion, Leroux seconded, the Hugo Lions Club to operate pull annual Good Neighbor Days. All aye. Motion Carried' to approve the Gambling License for tabs on June 5r 1993, during the The City of Hugo received bids for construction of a pump house as part of the City's 1993 Water System Improvement Project' A total of nine bids was received, the lowest bidder being J & B Contractors, Inc., of Anoka, MN, in the amount of $132,600.00. The City Engineer reviewed the qualifications of J & B Contractors, and recommends award of the project to J & B Contractors in the amount specified. Stoltzman made motion, Brunotte seconded, to accept the recommendation of the City Engineer, and award the bid for construction of the pump house as part of the City's 1993 Water System Improvement Project to J & B Contractors, Inc., in the amount of $132,600.00. All aye' Motion Carried. The City Administrator canvassed owners of property located in the Bald Eagle Industrial Park to determine the interest of extending municipal water through the Park as part of the City's 1993 Water System Improvement Project' The proposed construction of the well and water tower in the Park provides the first opportunity for property located in the Park to be served by municipal water. In response, the Administrator obtained a petition signed by owners of 50% in frontage of the real estate located in City Council meeting of April 5, 199=; Page _ the area proposed to be serviced requesting the extension of municipal water to the area. Staff recommends the Council adopt the resolutions directing a feasibility study of the project from the City Engineer-, and the resolution establishing a date for public hearing on the project for the Council meeting of April 19, 1993. Stolt man made motion, Leroux seconded, to adopt RESOLUTION 9.3-2. RESOLUTION DECLARING THE ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT FOR IMPROVEMENTS IN THE BALD EAGLE INDUSTRIAL PARK. VOTING AYE: Barnes, Brunotto, Leroux, Miron, Stoltzman Motion Carried. Stol.tzman made motion, Miron seconded, to adopt RESOLUTION 93-3, RESOLUTION RECEIVING REPORT AND CALLING A PUBLIC HEARING FOR PROPERTY ABUTTING ON 130TH STREET" AND FARNHAM AVENUE IN THE BALD EAGLE INDUSTRIAL PARK. VOTING AYE: Barnes, Brunotte, Leroux, Miron, Stolt: man Motion Carried. Fi I [ E LAKE_ MEADOWS..._._ _" ND__ REDI,_f l_ I !;_y 2 - The City received a letter from James Merila, representing Kenco Construction, requesting a reduction .in the performance bond for the Rice Lake Meadows project, to an arr,ount. of $115,094.00. The request was reviewed by Howard Kuusisto, City Engineer, who recommended a reduction .in the amount of the financial security to $240,000.00. The reason for the difference between the requested amount, and the recommended amount, is due to concerns for the construction technique used on the Geneva Avenue wetland crossing, and the potent.i.al for necessary street repair during final construction of Rice Lake Meadows. It way=_• the recommendation of the City Administrator that the financial guarantee be reduced to $141,000, based on the following: 1. $75,000 .is security for work yet to be performed. 2. $40,000 for potential repairs to roadway. 3. $26,000 for potential repair to sewer and water- utilities. Leroux made motion, Barney:. seconded, that the financial guarantee for Rice Lake Meadows be reduced to $141,000, as recommended by th••,c: City Administrator. All aye. Motion Carried. COUNTRY FONDS L...E.TTER The City received a request from Richard Sagstetter, representing Arlington Properties, the developer of the proposed Country Ponds subdivision, that Arlington Properties be relieved of the requirement to obtain drainage -area easements from properties located to the north of the proposed subdivision. Mr. Sagstetter and Mr. Richard Schreier appeared before the Council stating that Arlington Properties has attempted to City Council meeting of April 5, 1993 Page 4 obtain these easements, and has been only been partially successful. The Hugo City Council approved a preliminary plat of the Country Fonds subdivision on August 5, 1991. Condition #23 of the preliminary plat approval stated, "An agreement of easement shall be secured for ditch maintenance to accommodate surface --water drainage to the east (Parcels #93029--650 and 91029-2900)." Information received from the City Attorney, the City Engineer, and the RCWD indicate that these easements are not necessary for the project to proceed, and it may be questionable, legally, for the City to require a developer to obtain drainage easements across the property of a third party. Staff recommends the Council relieve Arlington Properties of the requirement to obtain the easements stated under Condition #2.3 of the preliminary plat approval, and allow Arlington Properties to submit a final plat without the specified easements. After a lengthy discussion about drainage ditches and easements, the following motion was made: Leroux made motion, Mi.ron seconded, to postpone action on this request until the meeting of April 19, 1993, to allow time for the Cit;. Attorney to review easement requirements for this project, and further engineering review of the proposal. All aye. Notion Carried. FIRE DE:eQRTPIEN _,Q MPL I: N l' The City received a. rer.'ort-. from Gloria K. Olsen, of the law firm Knutson, Flynn, Hetland, Deans, & Olsen, regarding her investigation of a sexual harassment complaint filed against certain members of the Hugo Volunteer Fire Dept. Staff recommends acceptance of her report, and implementation of her recommendations as follows: 1. The Council direct the City Administrator to develop a sexual Miron made motion, Stolt man seconded, to accept the report of Gloria 8. Olsen regarding her investigation of a sexual harassment complaint filed against certain members of the Hugo Volunteer Fire Dept., and implementation of her recommendations. All aye. Motion Carried. harassment policy for the City of Hugo. 2. The City should provide sexual harassment and human relations training to all its employees, including members of the Hugo Volunteer FD. 3. The City Administrator forward a letter to the complainant advising her that the investigation has been completed, and the timely and appropriate action has been taken regarding her complaint. 4. The City Administrator should be directed to write a letter to those members of the Hugo 'Volunteer FD accused of the sexual harassment notifying them of the status of their complaint. 5. The City Administrator meet with the two members of the Department mentioned in the report, who may have additional complaints against the Department in order to resolve a_.hesc_ issues. b. The City Administrator should inform all members of the Department of the need to maintain a. safe working environment. Miron made motion, Stolt man seconded, to accept the report of Gloria 8. Olsen regarding her investigation of a sexual harassment complaint filed against certain members of the Hugo Volunteer Fire Dept., and implementation of her recommendations. All aye. Motion Carried. City Council meeting of April 5, 1993 Page 5 WOIEE.B_ _I h1PROV MENT (C[lUhJl_Y-F,_C1Ar�_ BAS The Council requested the City Engineer provide a letter of recommendations for improvement of the watermains located along County Road 8A, between Highway 61 and Goodview Avenue. The Engineer has indicated the potential for the need of extending a 12" watermain along the entire stretch of roadway. At this time, he is recommending expansion of the watermain from Highway 61 to a point just west of Hugo Meadows, and that the City contact Washington County Public Works to insure that right-of-way is made available to the City, outside of the improved roadway, for future expansion of the watermain to Goodview Avenue. Leroux made motion, Miron seconded, that the City improve County Road BA a distance of 1,500 fleet east of Highway 61 by installation of a 12'' watermain, and the City work with Washington County to insure that the right-of-way is available for future expansion of the watermain to Goodview Avenue. All aye. Motion Carried. 1923,C t I S - S.T. TE HClI.JRS Staff has reviewed compost site hours for 1993, and recommends that the City's compost site be opened as follows: 1. Every Saturday in May, from 9:00 AN until 4:00 PM. :.'•_. The 1st Saturday of the month in June, July, August, and September, from 10:00 AM until 2:00 PM. 3. Every 'Saturday in October from 9:00 AM until 4:00 PM. 4. The Ist. two Saturdays in November from 9:00 AM until 4:+.=0 PM. The hours indicated are equivalent to 100 hours, or the amount budgeted for compost site operation during 1993. It weights the City's efforts in the Spring and Fall of the year when most of the deposits are made at the site, and allows for disposal of grass clippings and similar matter on a regular basis t_hrc.:ughout the summer. Stol tzman made motion, Brunot.te seconded, to accept the s.taf f s recommendation for compost -site hours as listed above. All aye. Motion Carried. L.. I rJDPERC E"1649 6I`JAT I QN The City received a letter from John D. Lindberg stating his resignation from the H►_►oo Volunteer FD on March 24, 1993. Stolt man made motion, Barnes. seconded, to accept the resignation of John Lindberg from the Hugo Volunteer Fire Department, effective March 24, 1993. All aye. Motion Carried. Cite Council meeting of April 4, 1.993 Page b JAMES__WEBER _SVARIAgjj).. James and Diane Weber, 16140 Harrow Avenue, have applied for a variance to construct a 36' „ 50' pole building closer to the road that, the principal building. Mr. Weber was present stating that he would be removing two other outbuildings located on the property. Miron made motion, Leroux; seconded, to approve the variance request of James Weber, 16140 Harrow Avenue, to construct a =6' x 50' pole building closer to Harrow Avenue than the principal building. Approval is subject to the building being used for residential purposes only, and removal of the 8' x 40' barn and 25' x 16' shed by May ll 1994. All aye. Motion Carried. MISCELLANEOUS The Council reviewed City Attorney valler`s report on the Open Meeting Law Issue. Leroux; made motion, r•iron seconded, directing the City Attorney to proceed with the final draft of his Findings regarding repayment of 'legal fees to the City Council incurred during Sell Publishing vs.. Hugo City Council. Such Findings are to provide for f►_►11 reimbursement to the Council or legal fees incurred during this litigation, and if reimbursement to all Council members is not possible, Council member Barnes should be considered separately since she was not found in violation in this matter. All aye. Motion Carried. The City received a letter from former City Attorney, Sarah Mardell, thanking the Council members for their support through the years. The City received a letter from Patrick: Miller requesting that the City of Hugo appoint him to represent Hugo on the Ramsey Action Programs, Target Area Advisory Council for Washington County. The City (administrator was directed to find out how this Hoard impacted on the City. The Council was reminded of the Hoard of Review on April 12, 1990. The Council was reminded of a meeting on April 6, 1991, at. the Forest. Lake Town Hall to discuss further the Lease Agreement between the District Memorial Hospital and Healthspan. The Administrator will have fence quotes for City hal.lf.i.eld improvement=_ ready for the Council meeting of April 19, 1993. Leroux: made motion, Barnes seconded, to recess the Council meeting until 7:00 PM, April 6, 1993, at the Forest Lake Town Hall. All aye. Motion Carried. 21, Mary n Creager, C�!Clerk