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HomeMy WebLinkAbout1991.05.20 CC MinutesMINUTES FOR THE REGULAR CITY COUNCIL MEETING OF MAY - , ].99_1 The meeting was called to order by Mayor Stoltzman at 7:00 PM. PRESENT: Brunotte, Jesinski, McAllister, Miron, Stoltzman City Administrator, Ken Huber City Attorney, Charles Johnson City Engineer, Howard Kuusisto City Clerk, Mary Ann Creager Miron made motion, McAllister seconded, to approve the minutes for May 6, 1991 as submitted. All aye. Motion Carried. McAllister made motion, Miron seconded, to approve the claims for May 20, 1991 in the amount of $60,113.44. All aye. Motion Carried. AWARD OF BIDS FOR CIF' PROJECT, PHASE 2 Pursuant to Chapter 429 of the Public Improvement Code, the City has proceeded with the securing of bids for the City's CIP road project, Phase 2. Bid specifications were prepared so as to show both bids for the CIF and bids for the road improvements for Round Latae Addition. The City received bids from Valley Paving, Inc., Tower Asphalt, Inc., Alexander Construction Company, Inc., and Hardrives, Inc. The bids ranged from $851,761.06 to $1,051,517.54 for the CIP and from $53,679.80 to $59,979.08 for the Round Lake Addition subdivision improvements. The recommendations involves only that portion of the bids dealing with the City's CIP project. The City Council authorized the financing of this project in the amount of $1,210,000. The initial financing did not include that portion of 132nd Street from Goodview Avenue east to Homestead Avenue. In that the bids have come in under the projected costs, the funding is available for they making of improvements originally authorized for all of 132nd Street from County Road 8A west to Goodview Avenue. Howard k;uusisto submitted a report regarding the cost of that portion of IZ2nd Street from Goadview Avenue to Henna Avenue, and from Goodview Avenue to Homestead Avenue. If the City Council opts to delete a portion of the 132nd project, the low bid will be reduced by the amount identified in the City Engineer's letter. The City will not proceed with construction until the appropriate DNR permits have been secured. The starting date for the project will be based on the City's Notice to Proceed. The City Engineer is recommending approval of the project as bid, and award of the contract to the low bidder, Valley Paving, Shakopee, MN. The roads to be improved are as follows: 130th Street from County State Aid Highway #8A west to Irish Avenue, Irish Avenue from 130th Street south to County State Aid Highway #7, 125th Street from Goodview Avenue east to Homestead Drive, 132nd Street from Goodview Avenue east to County Road #8A, Homestead Avenue from 132nd Street north to 147th Street, Henna Avenue (aka 128th Street) from 132nd Street south to Hilo Avenue, and Hilo Avenue from Henna Avenue (aka 128th Street) south to 125th Street. The proposed resolution provides for the awarding of the low bid, and authorizes the administrator to make individual Change Orders up to $5,000 during the course of project construction. The resolution also authorizes the engineer- to proceed with the necessary staking and additional inspection during project. construction. City Council meeting of May 20, 1991 Page 2 Residents opposed to the improving of 132nd Street from Goodview Avenue to Homestead Avenue gave the following reasons: increased speed and traffic, and too costly. Residents in favor stated the following: road too dusty, not good planning to leave a small stretch of gravel road amongst blacktop roads, and road construction will be too costly when the road eventually does get paved. Councilman Miron stated that even though it didn't make good sense to leave that stretch of road gravel because the difficulty in maintenance, he couldn't vote to include because of the residential opposition. Councilman McAllister stated that "politically" it would be wise to vote against that part of the improvement, but good, long-range planning should prompt the Council to approve it. Jesinski made motion, McAllister seconded, to adopt RESOLUTION 1991-7, RESOLUTION ACCEPTING BID FOR THE CITY'S CIF' PROJECT, PHASE 2, INCLUDING THE IMPROVEMENT OF 132ND STREET FROM GOODVIEW AVENUE EAST TO COUNTY ROAD SA. VOTING AYE: Jesinsk:i and McAllister VOTING NAY: Hrunotte, Miron, Stoltzman Motion Failed. Stoltzman made motion, Miron seconded, to adopt RESOLUTION 1991-7, RESOLUTION ACCEPTING BID FOR THE CITY'S CIP PROJECT, PHASE 2, INCLUDING THE IMPROVEMENT OF 132ND STREET, FROM HENNA AVENUE EAST TO COUNTY ROAD 8A. VOTING AYE: Brunotte, JesinsE::i, McAllister, Miran, Stoltzman Motion Carried. It was noted that the low bid of Valley Paving would be reduced by the amount identified in the City Engineer's letter to cover the deletion of 132nd Street (Goodview to Henna) from the project. AMERICAN LEGION FUNDING REQUEST This matter was tabled from the May 6, 1991 regular meeting of the HUgo City Council pending a clarification on conflicting legal opinions. The City Attorney was present to respond to this request. City Attorney, Charles Johnson, submitted a revised legal opinion based on more information provided by Ms. Nadeau and the League of Cities. Miron made motion, McAllister seconded, to approve the payment of $170.00 to the American Legion Post #620 to pay for school patrol training, based on Minnesota Statute Chapter 465.69 authorization. All aye. Motion Carried. FIRE FIGHTER RESIGNATION This matter was tabled from the May 6, 1991 regular meetinq of the Hugo City Council so as to discuss the resignation of Mr. Brett i:ostikch as 2nd Assistant Chief in the volunteer Fire Dept. City Council meeting of May 20, 1991 Page Miron made motion, Jesinsk:i seconded, to accept the resignation of Brett Kostuch as 2nd Assistant Fire Chief in the Fire Dept., effective 5/20/91. All aye. Motion Carried. A committee will be formed to interview applicants for Mr. Kostuch's position. The Mayor will contact the Fire Department membership to solicit applications for the position. McAllister made motion, Miron seconded, authorizing the City Administrator and two former fire chiefs, or assistant chiefs, to serve on an interview committee to fill the vacant 2nd Assistant Fire Chief position, and make a recommendation to the City Council. All aye. Motion Carried. PARK USE REQUEST (J. MAFIER) Mr. Jim Marier has made application to the City of Hugo for use of the City's softball diamonds during the week end of June 22 and 23 for the purpose of hosting a softball tournament. The City fields are open on the dates requested, and it is recommended that Council approval be subject to compliance with all conditions outlined in the Park -Use Policy letter. Miron made motion, Jesinsl:i seconded, to approve the request of Jim Marier for use of the City's softball diamonds during the week end of June 22-2.3, 1991, for the purpose of hosting a softball tournament. Approval is subject to compliance with all conditions outlined the Park. -Use Policy letter. All aye. Motion Carried. GARAGE VARIANCE REQUEST (C. HAAS) Mr. Charles Haas has made application to the City of Hugo for a variance to construct a 640 square foot attached garage to his home at 1550Cf Keystone Avenue, Hugo, MN (aka E 1/2 of the NE 1/4 of Section 13, T31N, R21W). The property in question is zoned conservancy, and consists of approximately eo acres. It is the intent to use the garage for residential purposes only. The request is consistent with the Council policy regarding granting of variances for oversized garages. McAllister made motion, Miron seconded, Haas for a variance to construct an 847 home at 15500 keystone Avenue (aka E 1/2 T31N, R21W). Approval is subject to the purposes only. All aye. Motion Carried. CITY PERSONNEL POLICY AMENDMENT to approve the request of Charles square foot attached garage to his of the NE 1/4 of Section 1=, garage being used for residential The staff is recommending an addition to the City's basic personnel providing for jury -duty leave. Currently, the City has no policy regarding jury duty, and City personnel have been notified that they be called to jury duty later this summer. policy may City Council meeting of May 20. 1991 Page 4 Miron made motion, McAllister seconded, to adopt RESOLUTION 1991-8, RESOLUTION AMENDING BASIC PERSONNEL POLICY OF THE CITY OF HUGO AS ESTABLISHED BY RESOLUTION 1988--17. VOTING AYE: Brunotte, Jesinski, McAllister, Miron, Stoltman Motion Carried. ORDINANCE AMENDING HUGO CITY CODE, CHAPTER 40, ARTICLE I These ordinance revisions are basically a housekeeping item in that the changes proposed herein have been made by the adoption of other City ordinances. The City now has an individual sewage septic system ordinance, and an ordinance requiring that all City permit fees be set by Council resolution. The State mandates enforcement of the State Building Code and UBC 1988. Chapter 40, Article I has never been amended to reflect these previous changes. McAllister made motion, Jesinski seconded, to adopt ORDINANCE 1991-271, AN ORDINANCE AMENDING CHAPTER 40 OF THE HUGO CITY CODE ENTITLED "BUILDING AND CONSTRUCTION", ARTICLE I -BUILDING CODES. VOTING AYE: Brunotte, Jesinski, McAllister, Miron, Stoltzman Motion Carried. MINOR SUBDIVISION - PRELIMINARY APPROVAL (W. ERICk:SON) Mr. Walter Erickson of 4551 165th St., Hugo, Minnesota has made application to the City of Hugo for a minor subdivision and waiver of the formal platting requirements. The property in question involves a 33 acre tract of land which is to be subdivided into three lots, a minimum of 10 acres each. The property in question is zoned agricultural and is located approximately 440 ft, south of 165th St. on the east side of Elmcrest Ave. The property is adjacent to a wetland and is subject to review by the Rice Creek Watershed District. The property is generally described as that part of the NW 1/4 of the SW 1/4 of Section 7, T31N, R21W, Washington County, Minnesota, lying southerly, easterly, and southeasterly of the north 440 ft. of the west 1,000 ft. thereof. All lots appear to meet dimension requirements and have frontage on a public roadway. This matter was reviewed by the Hugo Planning Commission at their March 27, 1991 meeting, at which time said Commission unanimously recommended approval of the minor subdivision subject to special conditions. Property owners adjacent to, or near the site, indicated their concerns that additional groundwater would be directed on to their property. It should be noted that the perc tests for the site showed mottling of the soil 14" below the surface of the ground reflecting the highwater mare of the groundwater. Compliance with the City's individual septic system ordinance for the construction of a mound system, and special condition #11 reflected herein, may be costly to comply with. The applicant is aware of this situation. McAllister made motion, Jesinski seconded, to grant preliminary approval of the minor subdivision for Walter Erickson to divide •_,? acres, generally City Council meeting of May 20, 1991 F'age 5 described as that part of the NW 1/4 of the SW 1/4 of Section 7, T31N, R21W, into three lots. Preliminary approval is subject to the following special conditions: 1. The City's individual on-site sewage ordinance be complied with fully with regard to the installation of a mound septic system on Parcels & and C. 2. Final survey approval shall be contingent upon compliance with the survey conditions, as well as the grading and stormwater drainage plans. 3. All conditions of final survey approval must be met prior to the stamping of any deeds for recording by the city clerk unless otherwise permitted by council action. 4. The property lines on site must be identified by the applicants to assure proper setbacks when buildings are to be constructed if required by the building inspector. All lots must be properly stat::ed when surveyed. 5. Proposed driveways or drainage areas within the development must include installation of a minimum 15" diameter corrugated metal culvert in a manner acceptable to the city. 6. No building permits shall be issued until the final survey has been approved and recorded with Washington County. 7. The securing of the required permits from the Rice Creek Watershed District prior to final survey approval. S. All fees relating to this subdivision shall be paid by the applicant including the cost of recording documents with Washington County. 9. Percolation tests for each buildable site must be submitted to the city prior to final survey approval. 10. Payment of fee in lieu of parkland dedication shall be made to the city at the time of final survey approval. 11. The lowest floor elevation of any structure in this subdivision shall be two ft. above the 100 year high water mart: and four feet above highest ground water elevation, whichever is greater. 12. No improvements, landscaping, or grading shall be permitted in the identified drainage areas without the express written authorization of the City and the appropriate watershed districts. 13. All property owners shall be responsible for maintenance of drainage areas within easements on their property. 14. Developer shall comply with all requirements and restrictions applicable to identified wetlands. 15. The developer shall permit access to the referenced site for periodic inspections to assure conformance with the special conditions. 16. Legal descriptions of all parcels to be subdivided shall be included. 17. All wetlands and drainage easements shall be shown on the certificate of survey. 1.8. The area described as the private ditch be redesignated as an easement. 19. The final survey shall not be considered approved until signed by a reqistered land surveyor and the Mayor and City Clerk. The applicant/owner has 60 days from this preliminary approval to get the lots surveyed and staked, as well as easements dedicated,_ or this approval shall be null and void. All aye. Motion Carried. City Council meeting of May 20, 1991 Page b SITE PLAN APPROVAL - INDUSTRIAL (T. WAGENER) Mr. Terry Wagener has made application to the City of Hugo for a site plar approval to construct a 40' x 40' addition to his building in Husni4;'s Industrial Park, identified as Lots 1, 2, and 3 of Block 1. The property is currently zoned industrial, and consists of approximately 1/2 an acre. The addition will be used for the cold storage of plastic materials and equipment. The addition will be located 10' from the east property line and 35' from the south property line. The building addition will not encroach into the drainage area identified on the original drainage and grading plan for Husnik's Industrial Park. McAllister made motion, Miron seconded, to approve the request of Mr. Terry Wagener for site plan approval to construct a 40' x 40' addition to his building in Husnik's Industrial Park, identified as Lots 1, 2, and 4 of Block 1. The proposed addition to be used for the cold storage of plastic materials and equipment. All aye. Motion Carried. SITE PLAN APPROVAL - INDUSTRIAL (J. JACk::SON) Mr. Judd Jackson of 5118 130th Street, Hugo, MN., has made application to the City for industrial site plan approval to construct 24' x, 56' building in the Bald Eagle Industrial Park. The property in question is zoned industrial and consists of approximately 3.72 acres. The site plan submitted indicates there is currently a 52' x 305' building on the site. The building in question is be located ._+i>' from the rear property line ani 169' from the east property line. In his letter to the City Council, Mr. Jackson states that the property in question is to be used for storage of a large sailboat, and that any other use of the building will be consistent with the City's codes and ordinances. Although Mr. Jackson has identified the site on his application as being in the City of White Bear Lake, the property is located in the City of HUgo. Pictures of Mr. Jackson's site, showing piles of debris scattered throughout the property, were reviewed by the Council and Mr. Jackson. Mr. Jackson stated that the photos were not of his property, but Harstad $4 Companies' property. Councilman McAllister stated that Mr. Jackson's property has a history of being "Untidy", and suggested that this application be forwarded to the Planning Commission for a public hearing to allow adjoining property owners an opportunity to comment on Mr. Jackson's property. Councilman Miron felt that there were two separate issues to be considered, and that they should be handled separately. City Administrator Huber stated that it is not unusual for a city to have a property owner clean his property at the time of site plan approval, rather than correcting the problem through the court system. Miron made motion, Brunotte seconded, to approve the site plan request of Judd Jackson to construct a 24' x 56' building in the Bald Eagle Industrial Park:. The proposed building is to be used for the storage of large sailboat, and any other use of the building will be consistent with the City's codes and ordinances. VOTING AYE: Brunotte, Jesinsk:i, Miron, Stoltzman VOTING NAY: McAllister Motion Carried. City Council meeting of May 20, 1991 Page 7 POLICY ON CHARITABLE GAMBLING LICENSE_SDISCUSSION) Council representative, Fran Miron, has requested that this matter be placed on the agenda for discussion at this meeting. Based on earlier discussions regarding this matter, it would appear that there is some concern and/or interest with regard to giving priority to the license applications of certain charitable organizations within the community, and requiring that a certain percentage of the gambling proceeds be used for the making of civic improvements within the City. Representatives from the Hugo Lions Club were present to discuss this matter. Lions' president, Mike Gallivan, will contact other communities to determine how this situation is handled. He will report to the Council at a later date. ESTABLISH MEETING DATE FOR COUNCIL PRIORITIES Mayor Stoltzman has requested the City Council give consideration to establishing a firm date for meeting to discuss City priorities. McAllister made motion, Brunotte seconded, to schedule a City priorities workshop for July 29, 1991 at 7:00 PM, Hugo City Hall. An alternate date of August 12, 1991 will be considered, if needed. All aye. Motion Carried. ORDINANCE VIOLATIONS COMMITTEE The City received a number of letters of complaint which will be addressed by either the Mayor personally, or by the Ordinance Violations Committee (OVC). Mayor Stoltzman stated that an unsigned letter will not be considered by the OVC. CITY ADMINISTRATOR The City has been contacted by the Lino Lakes Public Works Director, Don Volk, regarding a joint project for the placement of 4", Class 5 gravel on Elmcrest Avenue between County Road 8 and County Road 4. Hugo's portion of the cost would be $12,052.00. The City will also provide grader operator assistance. Miron made motion, McAllister seconded, to authorize 50-50 participation for the improvement of Elmcrest Avenue from County Road 8 and County Road 4, with the City of Lino Lakes, in the amount of approximately $12,052.00. All aye. Motion Carried. MISCELLANEOUS The City received a letter from residents asking that the City of Hugo have a "Clean Up Day". The City Administrator will contact surrounding communities for some background as to how they handle their "clean up" programs. This matter is to be addressed at the City Council meeting of July 29, 1991. City Council meeting of May 20, 1991 Page 8 Mr. Jim Lerou>: submitted a letter to the City Council, which was distributed by Mayor Walter Stoltzman, and read by Councilman Fran Miron. The letter dated May 15, 1991 was in response to the manner in which the City Council conducted the 1988 public hearing for the City's Phase 1 Capital Improvements Project. Mr. Leroux's letter stated that immediately after the close of the public hearing, the City Council went into session. Action to approve the proposed project was taken. Such action was unanimous, and consisted of a motion to approve, by reference, to a number of a pre -drafted resolution. He also suggested that the City Council subverts the public hearing process, as he has personally experienced and observed on other occasions. This consists of the practice, by the staff or Council members, to rephrase a legitimate statement or question from a citizen, making in sound preposterous. Mayor Stolt man reported that the Hoy Scout Recycling Center is continuing to be cleaned up, and should be finished in the very near future. It was decided to discuss the garbage service recycling program at the July 29, 1991 priorities workshop. Ms. Cheryl Johnson of 5863 Egg Lade Road appeared before the City Council, and stated she had been denied a building permit to repair her roof after the City Inspector had given her the Ok; to start work on May 17, 1991 at approximately 1:30 PM. The Council requested that the staff give this matter top priority, and meet with Ms. Johnson first thing in the morning (Tuesday, May 21st). The staff is to report to the Council on this matter. Carl Nordquist appeared before the City Council stating his displeasure with dirt bikes and atv's using the abandoned railroad tracks lying parallel with Highway 61. The dust created by their use is causing a problem for him. The City Administrator will contact the Burlington Northern Railroad regarding the installation of signs on railroad property prohibiting motorized vehicles from use of their property. Councilman Miron asked that the City Engineer check on the drainage system for the newly -constructed senior citizen housing project. Miron made motion, Jesinski seconded, to adjourn at 10:30 PM. All aye. Motion Carried. Mary Creager, City erE::