HomeMy WebLinkAbout2000.02.07 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF FEBRUARY 7, 2000
Mayor Walter Stoltzman called the meeting to order at 7:00 pm.
PRESENT: Barnes, Haas, Leroux, Petryk, Stoltzman
City Administrator, Robert Museus
City Attorney, Dave Snyder
City Engineer, Dave Mitchell
City Clerk, Mary Ann Creager
ADDITIONS TO AGENDA
Business Exchange
Planning Commission Alternates (Discussion)
Opinion Survey
CONSENT AGENDA
Leroux made motion, Stoltzman seconded, to approve the following Consent Agenda:
City Council minutes for January 24, 2000
General Claims for February 7, 2000
Property Line Adjustment (J.R. Johnson Wholesale & Supply)
Temporary Employment Agreement (Administrator)
All aye. Motion Carried.
Prior to approval of Council minutes for 1/18/00, Haas wanted the PC minutes to reflect that two
members of the PC are to be named to the zoning committee to consider slaughter operations in the
City.
Haas made motion, Barnes seconded, to approve the City Council minutes for January 18, 2000, as
submitted.
All aye. Motion Carried.
PROPERTY LINE ADJUSTMENT MR. JOHNSON WHOLESALE & SUPPLY)
J.R. Johnson Wholesale & Supply made application to adjust the property line between two lots the
business owns along Frenchman Road in Section 19 of the City. Hugo City Code, Chapter 320,
Section 7.19 allows the Council to administratively approve the adjustment of lot lines where
adjacent property owners desire to adjust their mutual lot lines without creating a new parcel or lot
of record, and where the adjustment of the property line between two properties retains or causes
both properties to be in conformance with the City's comprehensive land use regulations. The
parcels, as proposed by J.R. Johnson, will meet all the dimensional requirements found in Section 3
of Hugo City Code, Chapter 320. Staff recommended approval of the lot line adjustment.
Adoption of the Consent Agenda approved J.R. Johnson's request for a lot line adjustment.
City Council minutes for February 7, 2000
Page 2
TEMPORARY EMPLOYMENT AGREEMENT (ADMINISTRATOR)
At the Council's request, a Letter of Agreement was drafted, between the City of Hugo and the
current City Administrator, for continued temporary service with the City. Adoption of the Consent
Agenda approved the Letter of Agreement as presented.
VARIANCE (ARCAND)
Jeffrey and Bernadette Arcand, 13985 Ehncrest Avenue, requested a variance to build a 36' x 56'
pole barn on their 10 acres at the above address, which is located in the urban residential district.
They intend the use the building for the storage of tractors and farm equipment. The variance will
allow for an additional 1,132 sq ft, in addition to the 870 sq ft allowed in the urban residential
district on lots of one acre or more in size. This matter was considered by the Board of
Adjustments at their meeting of January 26, 2000, and they recommended approval of the variance
subject to the following conditions:
1. The two temporary storage sheds located near the south property line be allowed to remain so
long as they are not made permanent.
2. The proposed pole barn be constructed to resemble the principal building, in color and roofline.
3. Upon subdivision of the property, the pole building shall be removed unless approved by the
City Council.
The City's new zoning ordinance limits the size of accessory buildings in the Urban Residential
zoning district to 870 sq ft. The Council felt that parcels of l0A or more should be allowed larger
accessory buildings, comparable to those in the AG zone, as long as they meet the same setback
requirements of the AG zone. The City Administrator was directed to prepare a draft ordinance
increasing the size of accessory buildings in the UR zone, on lots of 10 acres or more. Jeff Arcand
verbally withdrew his application, and was informed that the PC will hold a public hearing to
consider the ordinance revision on 2/23/00, and the Council would reconsider their application on
3/6/00.
SITE PLAN APPROVAL (LAMETTI & SONS)
Lametti & Sons, Inc., 16028 Forest Blvd., requested site plan approval to add approximately 720 sq
ft of modular temporary office space to their business at the above address. This matter was
considered by the Planning Commission at their meeting of January 26, 2000, and recommended
approval of the site plan subject to five (5) conditions. The Council wanted confirmation that the
existing septic system was adequate to accommodate additional use.
Petryk made motion, Stoltzman seconded, to approve the Site Plan and amended CUP for Lametti
& Sons, Inc., 16028 Forest Blvd., to add approximately 720 sq ft of modular temporary office space
to their business, subject to the following conditions:
1. Colors of the building material are similar to the existing office addition.
2. The applicant is in compliance with existing conditions set forth in the CUP for Lametti &
Sons.
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Page 3
3. The proposed office addition is reviewed and approved by the City Building Inspector and City
Engineer.
4. The office addition be added as an amendment to the CUP for the property.
5. The use and conditions of the structure, if still in place, be reviewed by the City at the end of the
5`h year.
6. The temporary office structure shall only be allowed if the improvements do not exceed the
site's permitted SAC units under HSC 320, Section 3.11.
All aye. Motion Carried.
LETTER TO LMC REGARDING WETLAND 2000 LEGISLATION
The City Council received a letter from attorney, Paul Haik, expressing concerns over proposed
legislation being submitted to the state legislature amending the authority of the DNR and Board of
Soil and Water Resources to regulate work performed within judicial ditch systems. The letter
addressed to the League of Minnesota Cities requests they take an active role in opposing any bill
that requires wetland replacement plans or public water works permit for work in judicial ditches.
Haas made motion, Barnes seconded, to approve the letter to the LMC regarding wetland 2000
legislation, as drafted.
VOTING AYE: Barnes, Haas, Leroux, Stoltzman
VOTING NAY: Petryk
Motion Carried.
PUBLIC HEARING (MODIFICATION OF DEVELOPMENT DISTRICT NO. 1)
A public hearing was held to consider a resolution adopting the modification to the development
program for Development District No. 1, modifying TIF District No. 1.1 in adopting the
modification of the TIF Plan therefore. The intent of this modification is to include three
industrially zoned properties owned by the City into TIF District No. 1.1. The public hearing was
opened, and resident, Grace LaValle, questioned why the property had not been included in the
original district. There were no other written or oral comments.
Barnes made motion, Leroux seconded, to adopt RESOLUTION 2000-1, A RESOLUTION
ADOPTING THE MODIFICATION TO THE DEVELOPMENT PROGRAM FOR
DEVELOPMENT DISTRICT No. 1; MODIFYING TAX INCREMENT FINANCING DISTRICT
NO. 1-1; AND ADOPTING THE MODIFICATION OF THE TAX INCREMENT FINANCING
PLAN THEREFOR.
VOTING AYE: Barnes, Haas, Leroux, Petryk, Stoltzman
Motion Carred.
RESOLUTION CALLING FOR BUSINESS SUBSIDY HEARING
The Council considered two resolutions calling for business subsidy hearings for proposed TIF
Development Agreements with Como Lube and Supply, and Minnesota Union Builders/Hugo
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Landholding, Inc. Business subsidy hearings are required by state statute prior to the City
providing a subsidy to a business exceeding $100,000. The hearings are proposed for the regular
Council meeting of March 6, 2000.
Leroux made motion, Barnes seconded, to adopt RESOLUTION 2000-2, A RESOLUTION
CALLING FOR PUBLIC HEARING ON BUSINESS SUBSIDY AND SUBSIDY AGREEMENT
WITH COMO LUBE.
VOTING AYE: Barnes, Haas, Leroux, Petryk, Stoltzman
Motion Carried.
Stoltzman made motion, Barnes seconded, Leroux made motion, Barnes seconded, to adopt
RESOLUTION 2000-3, A RESOLUTION CALLING FOR PUBLIC HEARING ON BUSINESS
SUBSIDY AND SUBSIDY AGREEMENT WITH MINNESOTA UNION BUILDERS.
VOTING AYE: Barnes, Haas, Leroux, Petryk, Stoltzman
Motion Carried.
REQUEST FOR SNOWMOBILE TRAIL (HUGO SNOWMOBILE CLUB)
The Council considered a request from John Udstuen, representing the Hugo Snowmobile Club, to
extend a snowmobile trail from Egg Lake to CSAH8. The snowmobile club has provided copies of
easements signed by the owners of property on which the trail is to be located. It was the opinion
of the City Attorney that the information provided was inadequate, and did not meet ordinance
criteria. Mr. Udstuen was directed to obtain aerial photos indicating location of the trails, sign
placement, description of trail, permission slips, etc., making sure each point of the ordinance is
addressed.
Haas made motion, Leroux seconded, to table until requested information is provided.
All aye. Motion Carried.
LETTER REGARDING SNOWMOBILE TRAIL ON CR57
The Council considered a letter from Mr. Larry Ehret, 14604 Keystone Avenue, expressing
concerns that snowmobiles are trespassing on his property at the above address. The snowmobiles
are traveling within the ditch of CR57 in accordance with City ordinance. Since the County's right-
of-way does not extend entirely across the ditch, snowmobiles are riding on the outside bank and
trespassing on Mr. Ehret's property. There are two alternatives to resolve this issue: 1) prohibit
snowmobiles on this section of CR57; and, 2) post signs in the area identifying the legal trail
location. John Udstuen representing the Hugo Snowmobile Club, stated that he had resolved the
problems to Mr. Ehret's satisfaction.
JD2 LITIGATION (PAUL HAIK)
Stoltzman made motion, Barnes seconded, that the Council move into executive session at 9:00 pm
for further discussion of JD2 litigation. All aye. Motion Carried.
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At approximately 9:20 pm, the Council returned to open session.
BALD EAGLE INDUSTRIAL PARK WETLANDS MITIGATION PLAN
The Council considered a letter from Pete Willenbring and Andrea Moffatt, of WSB and
Associates, outlining requirements made by the RCWD, U.S. Army Corps of Engineers, and PCA
in order to obtain approval of the mitigation plan proposed for wetlands in the Bald Eagle Industrial
Park.
Haas made motion, Leroux seconded, to approve the Declaration of Restrictions and Covenants for
replacement wetlands, and authority to provide a cash surety or letter of credit, in the amount of
$80,000 to the RCWD upon approval of the City's wetland mitigation plan. In addition, WSB and
Associates is to prepare a preliminary plat of the easements to be dedicated over those wetlands to
remain in the Industrial Park.
All aye. Motion Carried.
WILDLAND-URBAN INTERFACE PROJECT
The Council considered a memorandum from the DNR outlining an opportunity to collaborate with
the DNR on wildland-urban interface projects. The DNR proposed to work with one or two local
units of government in Anoka County or northern Washington County to evaluate the local unit's
policies, plans, etc., on natural resources to complete a GIS -based inventory and develop
recommendations on how to improve natural resource -related smart growth management. Peggy
Sand of the DNR addressed the Council outlining the proposal. The Council endorsed the proposal,
but felt that a formal agreement would clarify both parties involvement in the program. A
committee was formed to develop a Memorandum of Agreement: Jim Leroux, Becky Petryk, Bob
Museus, and Peggy Sand.
DRAFT LIQUOR LICENSE VIOLATION ORDINANCE
Barnes made motion, Haas seconded, to hold a public hearing on March 6, 2000, to consider a
proposed liquor license penalty ordinance.
All aye. Motion Carried.
MN DEPT OF PUBLIC SAFETY LETTER (RE: CARPENTER'S)
The City received a letter from the MN Department of Public Safety outlining the requirements for
the Commissioner of Public Safety or the liquor license issuing authority to impose a civil penalty
of not more than $2,000 or license suspension or revocation against a liquor licensee for the sale of
alcohol to a minor individual. The letter specifically pertains to Carpenter's, which sold alcohol to
a minor on October 20, 1999. The letter further states that if the City does not impose a penalty
within 90 days of the date of the letter, the MN Dept of Public Safety will automatically assess a
$500 civil penalty against Carpenter's.
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Leroux made motion, Haas seconded, to fine Carpenter's $750 for the sale alcohol to a minor,
second offense.
All aye. Motion Carried.
PROFESSIONAL SERVICES AGREEMENT (WELL & TOWER #3)
The Council considered a Professional Services Agreement, between the City of Hugo and SEH, for
the design and construction and engineering services for municipal well and tower #3. Approval of
the Professional Services Agreement will initiate work on the water system improvements
proposed.
Barnes made motion, Haas seconded, to approve the Professional Services Agreement, between the
City of Hugo and SEH, for the design, construction, and engineering service for well/tower No. 3.
All aye. Motion Carried.
ENGINEER'S REPORT ON WAC AND REC CHARGES
Dave Mitchell provided the Council with a report on his findings on the WAC and REC charges
made by communities in the metro area, and recommended that no change be made in the current
City policy. Mr. Kellison again stated his concerns with City charges.
Barnes made motion, Petryk seconded, to accept the City Engineer's report that no change be made
to the City's current policy for charging REC and WAC charges.
All aye. Motion Carried.
Barnes made motion, Leroux seconded, to recess tonight's meeting at 11:00 pm until February 16,
2000, at 7:00 pm, Hugo Fire Hall, to allow Council attendance at the Everton Avenue planning
workshop.
All aye. Motion Carried.
Mary Ann Creager, City Clerk