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HomeMy WebLinkAbout1988.08.15 CC MinutesMINUTES FOR THE CITY COUNCIL MEETINGOFAUGUST 15-,_ 1988 The meeting was called to order by Mayor Atkinson at 7:01 PM. PRESENT: Olson, Peltier, Vail,Atk.inson ABSENT: Potts City Administrator, k:en Huber City Engineer, Howard F;::uusisto City Clerk;, Mary Ann Creager Peltier made motion, Vail seconded, to approve the minutes of August 1, 1988 as amended. All aye. Motion Carried. Vail made motion, Peltier seconded, to approve the General Claims for August 15, 1988 in the amount of $15,765.623. All aye. Motion Carried. Vail made motion, Peltier seconded, to approve the Utility Claims for August 15, 1988 in the amount of $610.81. All aye. Motion Carried. ST. JOHN'S CHURCH (3.2 BEEF: LICENSE) Vail made motion, Peltier seconded, to approve the issuance of an on sale 3.2 beer license to the Church of St. John's for August 28, 1988, to be used in conjunction with their annual Fall Festival. All aye. Motion Carried. REVOCATION OF AUTO DISMANTLING LICENSE (R. DUPAUL) At the August 1, 1988 regular meeting of the Hugo City Council, a public hearing was held to consider the issuance of an Auto Dismantlinq License to Modern Auto Parts of Hugo, Minnesota. At said meeting, the City Council directed the city attorney to prepare a resolution denying the issuance of an Auto Dismantling License for Council consideration Monday evening. Althouqh the staff has received a draft of the resolution prepared by the city attorney, we have not had an opportunity to discus=- it iscussit with him as he is currently on vacation. We would recommend that the City Council table action on this matter until the September 19, 1988 City Council meeting. Atkinson made motion, Peltier seconded, to table the matter of the revocation of the Auto Dismantling License for Roger Dupaul until the Council meeting of 9/19/88. All aye. Motion Carried. PUBLIC NUISANCE NOTICE On July 8, 1988, the city clerk: sent a notice to Ms. Tara Arhip, 5:61 165th Street, regarding the a fire -damaged structure on her property. Both city ordinances and the Uniform building code require that hazards of /00 City Council meeting of 9/15/88 Page 2 this nature be repaired or replaced as quickly as possible so as not to endanger the health, safety, and general welfare of the community. The city has received numerous complaints regarding the condition of Tara Arhip's property with regard to both the burned out buildi.nq and the numerous automobiles stored on site. In November of 1985, the city cited Tara Arhip for violations of the city code, Section 200-6, and took Tara Arhip to court to get the automobiles removed from the site in question. The courts ordered the automobiles removed within a specified period of time. Washington County Sheriff's Office notified us that Tara Arhip was in compliance with the court order within the time period specified. Based on a visual inspection last week, it appears that there are a large number of abandoned automobiles on site as well as the burned out building_ in question. We would recommend that the City Council order the burned out buildinq removed, the site cleaned up, and the inoperable/unlicensed automobiles removed from the site within 30 days or this matter be turned over to the city prosecuting attorney for further legal action. We have requested that Tara Arhip appear before the City Council Monday evening to explain this nuisance and her plans for its abatement or removal. Ms. Arhip stated that she has been unable to have anything done to the destroyed building because of delays caused by her insurance company. She stated that within three weeks she would be having the building torn down and the area cleaned up. Ms. Arhip also stated that she has approximately 10 vehicles on her property, some of which may be unlicensed and inoperable. She stated that there are two licensed drivers residing at her residence. Atkinson made motion, Vail seconded, that the City of Hugo allow Ms. Tara Arhip 30 days in which to abate the nuisance of the fire -damaged building located on her property at 5261 165th Street. If said nuisance is not abated within the .30 days, this matter will be forwarded to the city's prosecuting attorney for further action. All aye. Motion Carried. FORECLOSURE ON LETTER OF CREDIT In conjunction with Council approval of Palme's Long LaF%e Estates subdivi- sion, a Development Agreement was signed providing assurances that the road serving this development would be improved with bituminous surfacing. A letter of credit, in the amount of approximately $50,000, was posted, and Mr. Palme was given two years to complete the road construction. Earlier this summer, we notified Mr. Palme of the August 18th deadline for completion of the roadway construction, and we have received no response from that notice. Earlier this month, we followed up with another letter to Mr. Palme indicating that the roadway must be constructed within the time period specififed. City staff is recommending to the City Council that if the streets in Palme's Long LaE::e Estates are not constructed according to city standards by 11:59 PM, on August 25th, that the city proceed immediately thereafter to foreclose on the letter of credit held by the State Bank of Lake Elmo. /0 Citi; Council meeting of 8:15/88 Page Atkinson made motion, Olson seconded, authorizing city staff to foreclose on the letter of credit for Palme's Lonq Lak:e Estates if the streets are not constructed according to city standards by 11:59 PM on August 25, 1988. All aye. Motion Carried. RESOLUTION APPOINTING ELECTION JUDGES As per Minnesota Statutes, the City Council must appoint its election judges for the primary election no later than the August 15, 1988 City Council meeting. Peltier made motion, Olson seconded, RESOLUTION APPOINTING ELECTION JUDGES FOR THE CITY OF HUGO IN 1988. All aye. Motion Carried. to adopt RESOLUTION 88-36 A FOR THE PRIMARY AND GENERAL ELECTION RESOLUTION ACCEPTING BIDS FOR INGERSOLL AVENUE P.I. PROJECT #5-2-88(A) As per Council direction, the city has received bids for the improvement of Ingersoll Avenue from County State Aid Highway #10 north approximately 3700 feet by the improvement of bituminous surfacing. The bids were received at 10:00 AM on August 15th by the city clerE:: and city engineer. The total estimated project cost for this improvement, including financing, legal, engineering, and administration is $55,000. The city received two bids for the Ingersoll Avenue P.I. project: Valley Paving, Inc. ($44,289) and Bituminous Materials, Inc. ($49,835). AtE::inson made motion, Olson seconded, to adopt RESOLUTION 88 -.?7 A RESOLUTION ACCEPTING BIDS FOR INGERSOLL AVENUE P.I. PROJECT #5-2-88(A). All aye. Motion Carried. RESOLUTION DECLARING COSTS TO BE ASSESSED FOR INGERSOLL AVENUE P.I. PROJECT #5-2-88(A) If the City Council wishes to proceed with the Ingersoll Avenue P.I. project for possible construction yet this fall, it would be necessary to declare the cost to be assessed and order the preparation of the required assessment rolls for the Inqersoll Avenue P.I. project. Olson made motion, Vail seconded, to adopt RESOLUTION 88-38 A RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING P'REP'ARATION OF P'ROP'OSED ASSESSMENT FOR INGERSOLL AVENUE P.I. PROJECT #5-2-88(A). All aye. Motion Carried. City Council meeting of 8/15/88 Page 4 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT OF INGERSOLL AVENUE P.I. PROJECT #5 -2 -88(A) -- If the City Council wishes to proceed and hold the required assessment hearing to allow for the construction of Ingersoll Avenue project yet this fall, the necessary action would be to set an assessment hearing date for Monday, September 19, 1988. Olson made motion, Vail seconded, to adopt RESOLUTION 88-39 A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT OF INGERSOLL AVENUE P.I. PROJECT #5-2-88 (A). All aye. Motion Carried. FINAL PLAT OF BALD EAGLE ESTATES SUBDIVISION On behalf of Birchwood Builders, Inc., Mr. Richard Granger is submitting his final plat of Bald Eagle Estates for City Council approval. The property in question consists of 43 acres, and is to be subdivided into 28 lots located west of Highway 61 and north of Lake Air Estates (the E 1/2 of the SW 1/4 of the NE 1/4 of Section L1, T31N, R21W, and the SE 1/4 of the NE 1/4 lying westerly of the railroad right-of-way in Section 31, T31N, R21W). In conjunction with the subdivision application, a request is also being made for a variance to allow for a cul-de-sac street e>:ceeding 600 feet in length. The applicant proposes to develop 27 one acre lots and one outlot within the subdivision. The primary access to Bald Eagle Estates will be from 126th Street North and Falcon Avenue extended. The developer intends to use the on-site wetlands for the surface water storage area required, and to service the lots in question with sanitary sewer and street curb and gutter. The preliminary plat was approved by the City Council at their July 5, 1988 regular meeting following a favorable recommendation from the Hugo Planning Commission. We have received approvals from MNDOT, NSP, the Rice Creek. Watershed District, MPCA, the DNR, and MWCC for this project. The Developer's Agreement has been prepared consistent with past city practice by the city engineer, city staff, and developer. .The Developer's Agreement is consistent with the conditions of preliminary plat approval and incorporates other language recommended by the city engineer and city attorney. City staff recommends approval of the final plat in question subject to compliance with the conditions of preliminary plat approval, and executing the Development Agreement. Vail made motion, Peltier seconded, to approve the final plat for Richard Granger's BALD EAGLE ESTATES, subject to compliance with the conditions of preliminary plat approval, and execution of the Development Agreement. The property is generally described as follows: The E 1/2 of the SW 1/4 of the NE 1/4 of Section 31, T7,1N, R21W, and the SE 1/4 of the NE 1/4 lying westerly of the railroad right-of-way in Section 31, T31N, R21W, Washington County, Minnesota). All aye. Motion Carried. 163 City Council meeting of 8/15/88 Page 5 AP'P'ROVAL OF' DEVELOPMENT AGFtEEMENT FOR BALD EAGLE ESTATES The City Council reviewed a previously submitted copy of the Development Agreement consistent with Council action on the final plat of Bald Eagle Estates. The amount of the letter of credit to be provided, as per the Development Agreement, page 3, shall be $.356,485.0) Olson made motion, Vail seconded, authorizinq the Mayor to sign the Development Agreement between Birchwood Builders and the City of Hugo for the BALD EAGLE ESTATES subdivision on behalf of the city. All aye. Motion Carried. SET SPECIAL COUNCIL MEETING DATE (8/22/88 Mayor Atkinson has requested a special Council meeting be called for August 22, 1988, at 7:i>i) PM in the City Hall to authorize the sale of bonds for financing the 1988 Capital Improvements Program Phase 1, and the Ingersoll Avenue P.I. project. Also on the agenda will be presentation of the proposed 1989 general fund budget for the City of Hugo. Atkinson made motion, Olson seconded, to schedule a special meeting of the Hugo City Council for August 22, 1988 at 7:00 PM, Hugo City Hall, to authorize the sale of bonds for financing the 1988 C.I.P. Phase 1 and the Ingersoll Avenue P.I. project, as well as the presentation of the proposed 1989 general fund budget. VOTING AYE: Olson, Vail, Atkinson VOTING NAY: Peltier Motion Carried. MISCELLANEOUS Atkinson made motion, Olson seconded, to extend the employment of the summer intern, Tom Marshall, until September 30, 1988. All aye. Motion Carried. City Administrator, Igen Huber, asked that the Council thin[:: about the possibility of entering into an agreement with the Washington County Planning department to handle all inspections for septic systems installed in the City of Hugo. Mr. Huber was authorized to negotiate an agreement with the county, and at a later date return with a recommendation to the Council. The city administrator was directed to have a RECYCLING/COMPOST sign installed near railroad right-of-way at the intersection of 170th Street and Highway 61. Olson made motion, Vail seconded, to adjourn at 8:32 PM. Aaye, otion arried. Mary n Creager, Ci Clerk