HomeMy WebLinkAbout1994.05.02 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL._ MEETING OF MAY, 1994
The meeting was called to order by Mayor Stoltzman at 7:00 PM.
PRESENT: Barnes, Brunotte, LeroUX, Miron, Stoltzman
City Administrator, Robert Museus
City Attorney, Greg Galler
City Engineer-, Joe Dresel
City Clerk, Mary Ann Creager
Barnes made motion, Brunotte seconded, to approve the minutes for the City
Council meeting of April 18, 1994, as submitted.
All aye. Motion Carried.
Miron made motion, Leroux seconded, to approve the claims for May 2, 1994,
in the amount of $12,136.28.
All aye. Motion Carried.
ON -SALE 3.2 BEER LICENSE (HUGO LIONS CLUB)
The Hugo Lions Club has made application for the sale of 3.2 beer during
Good Neighbor Days on.June 3, 4, and 5, 1994, at the Hugo City Park.
Stoltzman made motion, Miron seconded, to issue an ON SALE 3.2 BEER
LICENSE to the Hugo Lions Club during Good Neighbor Days, June -5, 1994,
at the Hugo City Park, subject to applicant providing adequate proof of.
insurance.
All aye. Motion Carried.
PARK; USE REQUEST (HUGO LIONS CLUB)
The Hugo Lions Club has requested permission to use the Hugo City Park on
August 4, 1994 for the purpose of sponsoring a circus at the site.
Miron made motion, Brunotte seconded, to approve the request of the Hugo
Lions Club to use the Hugo City Park on August 4, 1994, for the purpose of
sponsoring a circus, subject to the following conditions:
I . Proof of adequate insurance to protect the City from liability for the
event, to include a hold harmless clause, and the City being named as
an additional insured.
2. The Hugo Lions Club provide the City with a site plan for approval at
least two weeks prior to the event.
3. The Hugo Lions Club will pay for any additional costs, if any,
associated with crowd control.
4. The Hugo Lions Club will be responsible to restore the park to its
original condition immediately following the circus, to include repair
of any damages on the site.
All aye. Motion Carried.
'VARIANCE REQUEST (WURZER)
Brian and Mary Jo Wurzer, 8126 165th Street, requested a variance to place
a 30' x 48' post -frame building in front of the principal structure 15'
City Council meeting of May 2, 1994
Page 2
from the property line. This application was considered by the Board of
Adjustments on April 27, 1994, and the Board recommended approval.
Leroux made motion, Miron seconded, to approve the request of Brian
Wurzer. 8126 165th Street, for a variance to construct a 30' x 48'
post -frame building in front of the principal structure, 15' from the
property line.
All aye. Motion Carried.
VARIANCE REQUEST (URBAN)
Jay Urban, 14197 Forest Boulevard, requested a variance to construct a 20'
x 24' garage 12' from the front property line, where 40' is required. The
Board of Adjustments considered Mr. Urban's request on April 27, 1994, and
recommended approval.
Leroux made motion, Stoltzman seconded, to approve the request of Jay
Urban, 14197 Forest Blvd., for a variance to construct a 20' x 24' garage
12' from the front property line, where 40' is required.
All aye. Motion Carried.
REZONING REQUEST (HARRIS INVESTMENT)
Shirley Harris, 8845 Baltimore Street. Blaine. MN., requested a rezoning
of property located at 17255 Forest Blvd., from RB to Industrial to allow
use of the old Willy's 61 Club for the operation of a printing company.
The Hugo Planning Commission considered this request on April 27, 1994,
and recommended approval based on the adequate access to Trunk Highway 61,
and the compatibility of the use with the industrially zoned property to
the north.
Miron made motion, Barnes seconded, to adopt ORDINANCE 94-291, AN
ORDINANCE AMENDING CHAPTER 320 OF THE HUGO CITY CODE ENTITLED "ZONING" BY
AMENDING THE ZONING CLASSIFICATION OF THE DESCRIBED REAL PROPERTY.
Approval is subject to an agreement placing limitations on future use of
the property for heavy industrial.
VOTING AYE: Barnes, Brunotte, Lerous:, Miron, Stoltzman
Motion Carried.
MINOR SUBDIVISION (GERVAIS)
Patrick Gervais, P.O. Box 17830, St. Paul, MN., requested a minor
subdivision of his property described as part of the SE 1/4 of the NE 1/4
of Section 25, T31N, R21W. Washington County, MN., lying southerly of the
North 658.79' thereof, consisting of 20 acres. Mr. Gervais' request is
create two 10 acre parcels on the site. The Hugo PC considered this
request on April 27, 1994, and recommended approval of the subdivision.
City Council meeting of May 2. 1994
Page _
Miron made motion, Brunotte seconded, to approve the minor subdivision
request of Patrick. Gervais, to subdivide a 20 acre parcel into two 10 acre
parcels.
Leroux: made motion, Miron seconded, to postpone action on this matter
until later in the meeting to obtain answers regarding location of the
septic system.
All aye. Motion Carried.
Miron made motion, Brunotte seconded, to amend the original motion to
include, approval subject to staff review and acceptance of location of
the septic system.
AMENDMENT: All aye. Motion Carried.
ORIGINAL MOTION: 'All aye. Motion Carried.
SETTLEMENT AGREEMENT (RIVER CITY ASPHALT)
The Council reviewed a copy of the Settlement Agreement between City of
Hugo and River City Asphalt, regarding gravel mining and the operation of
an asphalt plant on the E 1/2 of the SE 1/4 of Section 22, T1N, R21W,
Washington County, MN. The Agreement has been signed by representatives
of River City Asphalt and Hugo 2440. Staff recommended approval of the
Agreement, as presented.
Leroux: made motion, Barnes seconded, to approve the Settle Agreement
between the City of Hugo and River City Asphalt, and authorize the Mayor
and Clerk to sign said Agreement on behalf of the City.
All aye. Motion Carried.
SPECIAL USE PERMIT (RIVER CITY ASPHALT)
L-6 Properties/Lametti & Sons, 16429 Forest Blvd., has made application to
the City for a SUP, on behalf of River City Asphalt, Inc., for the
temporary operation of a hot -mix; asphalt plant on their property from May
1, 1994 to October 15, 1994. The plant will be used for the overlay of
Trunk Highway 61 and Interstate 35E. The property is zoned industrial,
and use of the site for a bituminous plant is a special use in this
district. The Hugo PC considered the request on April 27, 1994, and
recommended approval of the SUP subject to conditions.
Miron made motion, Leroux seconded, to approve the SUP for L-6
Properties/Lametti & Sons, 16429 Forest Blvd., on behalf of River City
Asphalt,Inc., for the temporary operation of a hot -mix asphalt plant on
their property from May 1, 1994 to October 15, 1994. Approval is subject
to the following special conditions:
1. River City Asphalt provide the City with a site restoration plan for
approval, and post a bond or letter of credit as security sufficient
to cover the cost of restoring the site.
2. All permits required by regulatory agencies for operation of the plant
be filed with the City.
City Council meeting of May 2, .1994
Page 4
3. As long as River City Asphalt operates the bituminous miX plant on t
site subject to the SUP, they shall not operate any other bituminous_
plant within the City of Hugo.
4. This SUP shall be subject to the Settlement Agreement entered into by
River City Asphalt., the City of Hugo, and Hugo 2000.
5. Use of City roads as a haul road is prohibited unless already
designated by the Settlement Agreement.
6. The temporary asphalt plant to be located on property from May 1, 1994
until October 15, 1994.
All aye. Motion Carried.
AMENDED SUP (RIVER CITY ASPHALT)
River City Asphalt requested permission from the City to a>stend the hours
of operation for their asphalt plant located on County Road BA and Irish
Avenue, during the period May 4, 1994 through June 18, 1994. The
requested hours are Monday through Friday, 6:30 AM until 8:30 PM, and
Saturdays, 7:00 AM until 4:00 PM. The purpose of this request is to
service their contract with MNDOT for the overlay of Trunk Highway 61 and
Interstate 35E. It is staff's opinion that the hours of operation, as
outlined in the Settlement Agreement, between the.City of Hugo, River City
Asphalt, and Hugo 2000, should apply in this case. This Agreement
specifies that the hours of operation on the site shall be from 7:00 AM
6:00 PM, Monday through Friday, with occasional operations on the proper
on Saturdays from 7:00 AM to 3:00 PM. The term "occasionally" meaning r
more than twelve (12) Saturdays per year, and no more than three (L)
Saturdays per month.
Miron made motion, Leroux seconded, to open the public hearing and limit
time for debate to ten (10) minutes.
j All aye. Motion Carried.
Richard Carron, owner of River City Asphalt, stepped forward and verbally
withdrew request for the extended hours. The public hearing was closed.
Miron made motion, Barnes seconded, to adopt RESOLUTION 94-8, A RESOLUTION
STATING NO OBJECTION TO DETOURING OF TRAFFIC DURING THE OVERLAY PROJECT ON
HIGHWAY 61.
All aye. Motion Carried.
FINAL PLAT APPROVAL (COUNTRY PONDS)
The Council reviewed the proposed Development Agreement and final plat for
COUNTRY PONDS. Staff recommended approval subject to the addition of a
clause in the Development Agreement requiring the developer to install a
6" watermain connecting the development to the City's trunk line on the
west side of Trunk Highway 61. This is to insure adequate water pressur
for public safety purposes.
City Council meeting of May, 1994
Paqe 5
Leroux: made motion, Miron seconded, to approve the Development Agreement
between the City of Hugo and Arlington Properties, and authorize the Mayor
and Clerk to sign said Agreement on behalf of the City of Hugo.
VOTING AYE: Barnes, Brunotte, Leroux, Miron
VOTING NAY: Stoltzman
Motion Carried.
Brunotte made motion, Miron seconded, to approve the final plat for the
COUNTRY PONDS subdivision.
VOTING AYE: Barnes, Brunotte, Leroux, Miron
VOTING NAY: Stoltzman
Motion Carried.
Mr. Schreier addressed the Council with his concerns in the Development
Agreement, as previously approved. There is a provision in the Agreement
to loop the watermain to the west side of Highway 61. This would require
obtaining of an easement on private property. Administrator MUseUS stated
that he will discuss the matter further with the City Engineer. This
requirement was based on the original plat, which included more lots, not
the scaled down version, as previously approved. There was concern about
water pressure for the southern lots, but now that they no longer exist,
the loop may not be required.
Leroux made motion, Miron seconded, that the developer be allowed to
construct sig: (6) model homes in the Country Ponds development with the
understanding that no certificate of occupancy be issued until public
improvements are approved and accepted by the City.
VOTING AYE: Barnes, Brunotte, Leroux, Miron
VOTING NAY: Stoltzman
Motion Carried.
Miron made motion, Leroux seconded, that the
Country Ponds be amended by changing the park
lot to $175.00 per lot. This change was made
experienced by the developer, and dedication
purposes.
VOTING AYE: Brunotte, Lerou>:, Miron
VOTING NAY: Barnes and Stoltzman
Motion Carried.
SITE PLAN APPROVAL (LOWELL)
Development Agreement for
fee charge from $500.00 per
because of the many delays
of the outlot for public
The Council reviewed a site plan submitted by Charles W. Lowell for
construction of a commercial building on Lot 3, Block 2, Bald Eagle
Industrial Park. Joel Dresel reviewed the site plan and building plans
and stated that he had concerns with drainage.
Miron made motion, Leroux seconded, to table the request until an adequate
drainage plan is provided by the developer.
All aye. Motion Carried.
City Council meeting of May 2. 1994
Page 6
RESOLUTION (DISTRICT MEMORIAL HOSPITAL LITIGATION)
Based on Council direction given at the Council meeting of April 18, 1994,
a resolution was drafted by the City Attorney removing the City from
future participation in joint litigation with other communities regarding
the sale of District Memorial Hospital to HealthSpan, Inc.
Stoltzman made motion, Brunotte seconded, to adopt RESOLUTION 94-9, A
RESOLUTION FORMALIZING THE CITY'S WITHDRAWAL FROM THE MUNICIPAL LITIGATION
COMMITTEE AND JOINT POWERS AGREEMENT REGARDING THE FOREST LAKE DISTRICT
MEMORIAL HOSPITAL.
All aye. Motion Carried.
SIREN REQUEST (WITHROW SCHOOL
Ruth Ranum, principal at the Withrow Elementary School, has submitted a
letter to the City of Hugo requesting the installation of a emergency
warning siren in the vicinity of the Withrow School. Currently, a single
siren is present in the community, and does not service this school area.
The cost of a siren is approximately $18,000, which is not in the budget.
Attorney Galler suggested the City pursue the possibility of entering into
a joint power agreement with the Stillwater school district.
Miron made motion, Barnes seconded, directing staff to pursue a formal
contract with the principal of Withrow School for installation of an
emergency siren at the school.
All aye. Motion Carried.
PRELIMINARY PLAT APPROVAL (WHITE BEAR MEADOWS)
Basedon Council request, Council members Barnes and Miron, City Attorney
Galler, and Administrator Museus met with representatives of the proposed
White Bear Meadows subdivision on Monday, April 25, 1994, to discuss City
issues regarding the proposed development. The Council reviewed a list of
28 conditions recommended as part of the approval of the preliminary
plat. Marvin LaValle requested that the development be surveyed to
determine the property lines as it relates to access to the existing
drainage way.
Brunotte made motion, Leroux seconded, to add Condition #29: The
developer shall survey and stake the property lines of the development,
and provide proof that they have the legal right to discharge water into
the drainage ditch.
All aye. Motion Carried.
Starnes made motion, Miron seconded, to have the City Engineer prepare a
report on potential road alignments, functional classifications, and th -
traffic impact in the area bounded by County Road 8, 130th Street, Trunk
Highway 61, and Clearwater Creek.
All aye. Motion Carried.
City Council meeting of May 2. 1994
Page 7
Lerou.; made motion, Barnes seconded, to accept the 29 conditions for White
Bear Meadows, as presented.
VOTING AYE: NONE
VOTING NAY: Barnes, Brunotte, LerOUX, Miron, Stoltzman
Motion Failed.
There was further discussion about property lines and a second crossing
for the development.
Miron made motion, Stoltzman seconded, to table the preliminary plat for
White Bear Meadows to allow time to address concerns regarding property
lines and a second crossing.
All aye. Motion Carried.
MISCELLANEOUS
The City received a request from Dan Dolan to hold a special Council
meeting before the next regularly scheduled meeting of May 16, 1994.
Miron made motion, Stoltzman seconded, to deny the request of Dan Dolan
for a special City Council meeting to discuss the DUCK. PASS subdivision.
All aye. Motion Carried.
A resident of Mueller Manor has requested that the Hugo Fire Department
speak to residents regarding fire safety. Jim Wisner will be notified of
J the request.
There was general discussion regarding the status of the utility drainage
assessments and the Walker/Brisson cemetery.
Dave Schumann suggested the City meet with residents of the City who are
experiencing water problems.
Stoltzman made motion, Barnes seconded, to adjourn at 10:45 PM.
All aye. Motion Carried
i�'4-'C" `14
Mary Creager
City C erk