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HomeMy WebLinkAbout2000.03.06 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF MARCH 6,200 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 City Administrator Search Resolution abating assessments for Fenway Blvd. Letter from the RCWD Reschedule Council Workshop for March 25, 2000 Reschedule Executive Session with Paul Hail — March 29, 2000 CONSENT AGENDA Leroux made motion, Haas seconded, to approve the following Consent Agenda: General Claims for March 6, 2000 SEH Professional Services Agreement (Parks) Letter of Credit Reduction (Creekview Preserve 2"d Addition) All aye. Motion Carried. Barnes made motion, Leroux seconded, to approve the minutes for February 22, 2000, as amended. All aye. Motion Carried. SEH PROFESSIONAL SERVICES (PARKS) The Council considered a proposed Agreement between SEH and the City of Hugo for the provision of park planning and technical assistance to the Parks Commission by Laurie McRostie. The Agreement proposes a maximum of 15 hours per month of support services to the Parks Commission, at a rate of $75.00 per hour, resulting in a total contract cost of $13,500. Adoption of the Consent Agenda approved the Agreement, as proposed. LETTER OF CREDIT REDUCTION (CREEKVIEW PRESERVE 2ND ADDITION) The Council considered a letter from the City Engineer recommending that the letter of credit requirement for Creekview Preserve 2nd Addition be reduced to $147,850. Adoption of the Consent Agenda approved the letter of credit reduction, as approved by the City Engineer. EAW (WENZEL FARMS) The Council considered an Environmental Assessment Worksheet, prepared for the Wenzel Farms subdivision. The City of Hugo is the responsible governmental unit for the preparation and City Council meeting of March 6, 2000 Page 2 dissemination of the EAW. The document has been revised in accordance with the recommendation prepared by WSB and Associates. Barnes made motion, Stoltzman seconded, that a notice of the EAW be published in the EAQ Monitor, and copies of the EAW be provided to the specified agencies for review and comment. LAWFUL GAMBLING LICENSE (THE END ZONE) The Council considered an application by the Minnesota Junior Hockey League for a permit to install a pull tab dispensing device in the End Zone bar at 13891 Forest Blvd. This is the first application from the League for a gambling license in the City of Hugo. Their organization supports youth hockey activities in the metro area. Because the application lists the legal owner of the premises as Antonia Pachtchenko, and the City Attorney stated that there is no such person: Haas made motion, Stoltzman seconded, to deny the request of the Minnesota Junior Hockey League for a charitable gambling license to operate at the End Zone bar, 13891 Forest Blvd. All aye. Motion Carried. STREET MAINTENANCE PROGRAM Don Wisniewski and Doug Fischer, of Washington County's Department of Public Works, were present at the Council meeting to discuss the phasing out of the Street Maintenance Agreement between Washington County and the City of Hugo. Mr. Wisniewski stated that the County would terminate the snow and ice control portion of the Agreement after the winter of 2001-2002. Grader and gravel maintenance may be continued. Washington County Commissioner, Dennis Hegberg, discussed five-year capital improvements for northern Washington County, including a library and service center. Doug Fischer updated the Council on federal funding for the CR8 project, and suggested that MNDOT does not have TH61 improvements on any priority list for the near future. Mr. Wisniewski will coordinate a County/City and MnDOT in an effort to get needed improvements accomplished. He also stated that he will organize a meeting within the next six months to further discuss the Street Maintenance Agreement. PUBLIC HEARING (ZONING ORDINANCE AMENDMENT) A public hearing was held to consider adoption of a proposed ordinance amending Chapter 320, by increasing the size of accessory buildings permitted on lots of ten acres or more in the urban residential zoning district. There were no oral or written comments. Council discussion included reasons why such an ordinance was needed: allow residents opportunity to continue their present life style. Councilman Haas discussed the potential for conflict with large buildings/ag use adjacent to developed land. The Council agreed that some kind of landscape screening would soften the visual impact on adjoining property owners. The Administrator was directed to amend the proposed ordinance to include vegetation buffering. Barnes made motion, Petryk seconded, to adopt ORDINANCE 2000-336, AN ORDINANCE City Council meeting of March 6, 2000 Page 3 AMENDING CHAPTER 320 BY INCREASING THE SIZE OF ACCESSORY BUILDINGS PERMITTED ON LOTS OF TEN ACRES OR MORE LOCATED IN THE UR ZONING DIST. VOTING AYE: Barnes, Haas, Leroux, Petryk, Stoltzman Motion Carried. PUBLIC HEARING (LIQUOR PENALTY ORDINANCE) A public hearing was held to consider adoption of an ordinance establishing a schedule of penalties for the violation of the City's liquor license ordinance. The public hearing was opened and there were no oral or written comments. Council discussion was opened with Barnes suggesting that the proposed ordinance elaborate on the definition of "employee" by including officer or agent of licensee. The City Attorney was also directed to rewrite the first sentence in Section 148.03 to make it more clear to the layman. Leroux made motion, Barnes seconded, to adopt ORDINANCE 2000-337, AN ORDINANCE ESTABLISHING CHAPTER 148 PERTAINING TO VIOLATIONS OF LIQUOR LAWS IN LICENSED LIQUOR PREMISES; THE RESPONSIBILITY OF LICENSE HOLDERS FOR ILLEGAL ACTIVITY; AND DIRECTING THE ESTABLISHMENT OF A SCHEDULE OF ADMINISTRATIVE OFFENSES AND PENALTIES TO BE SET BY CITY COUNCIL RESOLUTION. VOTING AYE: Barnes, Haas, Leroux, Petryk, Stoltzman Motion Carried. Barnes made motion, Petryk seconded, to adopt RESOLUTION, 20004, A RESOLUTION SPECIFYING RECOMMENDED CIVIL PENALTIES FOR LIQUOR LAW VIOLATIONS. VOTING AYE: Barnes, Haas, Leroux, Petryk, Stoltzman Motion Carried. PUBLIC HEARING (BUSINESS SUBSIDY AGREEMENT — COMO LUBE) A public hearing was held to consider proposed business subsidy to Como Lube and Supply, Inc., as part of the development of the City's Bald Eagle Industrial Park. The Council considered a resolution outlining the extent of the business subsidy and conditions for its reward. The public hearing was called to order with no oral or written comments. The Council then discussed the issue, with Councilman Haas again expressing concern that this business might not be the best deal for the City as their building did not cover enough of the land for tax purposes. Jim Kellison, representing Como Lube, stated that the business would likely be expanding. Barnes made motion, Leroux seconded, to adopt RESOLUTION 2000-5, A RESOLUTION ADOPTING BUSINESS SUBSIDY AGREEMENT FOR COMO LUBE AND SUPPLY, INC. VOTING AYE: Barnes, Haas, Leroux, Petryk, Stoltzman Motion Carried. City Council meeting of March 6, 2000 Page 4 PURCHASE AGREEMENT (COMO LUBE & SUPPLY) The Council considered a Purchase Agreement for the City to sell Como Lube & Supply Lot 2, Block 3, BEEP P Addition for the construction of a 10,000 sq ft light manufacturing building. Barnes made motion, Leroux seconded, to approve the Purchase Agreement, between the City of Hugo and Como Lube, for the City to sell Lot 2, Block 3, BEIP P Addition to Como Lube. All aye. Motion Carried. REZONING (BERNTSON) Burdette Berntson, 12686 Ethan Avenue, and Gabrielle Berntson, 672 West Burwood Avenue, requested to rezone their property located at 13845 Forest Blvd., from residential to residential service to allow the present residential structure to be used as a small office building. The property is generally on the east side of TH61, south of CSAH8. The PC conducted a public hearing on the proposed rezoning at their meeting of February 23, 2000, and recommended approval of the rezoning to residential service. The Administrator that the proposed use of the building, attorney and carpenter office, would not require a Conditional Use Permit. The Council felt that because of the proximity of the End Zone, and their residential service zone, that rezoning of the property would be the best of the property. Barnes made motion, Stoltzman seconded, to adopt ORDINANCE 2000-338, AN ORDINANCE CHAPTER 320 ENTITLED "ZONING" BY AMENDING THE ZONING CLASSIFICATION OF THE DESCRIBED REAL PROPERTY. VOTING AYE: Barnes, Haas, Leroux, Petryk, Stoltzman Motion Carried. PRELIMINARY PLAT APPROVAL (BEIP 4TH ADDITION) Thomas Jackson, and Judy Marier, 12126 Floral Bay North, Forest Lake, MN., requested to subdivide Outlot A, Woods of Bald Eagle, into four (4) lots. The property is zoned industrial, and consists of 35.9 acres generally located on the west side of TH61, north of 130`h Street. The PC conducted a public hearing on this request at their meeting of February 23, 2000, and recommended approval of the preliminary plat. The Administrator stated that a draft Development Agreement is being processed. Barnes made motion, Stoltzman seconded, to approve the preliminary plat for the Bald Eagle Industrial Park 4`h Addition, to subdivide Outlot A. Woods of Bald Eagle, into four lots. All aye. Motion Carred. SITE PLAN APPROVAL (AMCON CONSTRUCTION) Amcon Construction Company, LLC., 200 West Highway 13, Burnsville, MN., applied for site City Council meeting of March 6, 2000 Page 5 plan approval to construct a 90,000 sq ft industrial building on property owned by the Jackson family in the Bald Eagle Industrial Park, referred to as Lot 2, Block 1, BEIP 4`h Addition. The PC reviewed the site plan at their meeting of February 23, 2000, and recommended approved of the site plan subject to the following ten conditions: 1. Colors of the building exterior material are to be neutral or earth tone. 2. As determined necessary, parapet walls will be placed to screen rooftop equipment from ground and street views. 3. All trash handling materials and loading areas shall be fenced with materials consistent with exterior facing materials of the principal building. 4. Ground level mechanical units must be low in profile and located to side or rear of the building. S. All utilities must be constructed underground. Utility meters must be screened and/or integrated into the building structure. 6. The applicant provides the recommended changes and/or additions to the site's landscaping plan recommended by the City's landscape architect. 7. The applicant shall provide the recommended changes and/or additions made by the City Engineer outlined in the SEH memorandum. 8. All signs proposed for the site must be in accordance with Hugo City Code, Chapter 320, Section 6.61. 9. Exterior lighting must be directed away from adjacent properties and roadways. 10. Grading and utility plans are to be reviewed and approved by the Rice Creek Watershed District. Staff also recommended that the temporary houses on the site be disallowed, as they do not comply with the building setback requirements, and their number is in excess of the one accessory building allowed in the general industrial zoning district. Don Conexson, of Amcon Construction, was not able to answer all Council questions relative to the type of operation that will be conducted on site. Petryk made motion, Haas seconded, to table discussion of this matter until the meeting of 3/20/00. All aye. Motion Carried. PUBLIC HEARING (BUSINESS SUBSIDY AGREEMENT — MN UNION BLDRS) A public hearing was held to consider proposed business subsidy to Minnesota Union Builders, as part of the development of the City's Bald Eagle Industrial Park. There were no oral or written comments. Barnes made motion, Stoltzman seconded, to table discussion of this matter until the Council meeting of March 20, 2000. All aye. Motion Carried. FINAL PLAT APPROVAL (CREEKVIEW PRESERVE 3RD ADDITION) The Council considered a copy of the final plat for Creekview Preserve 3`d Addition, as well as the City Council meeting of March 6, 2000 Page 6 City Engineer's recommendation to approve the plat. Mayor Stoltzman questioned the proximity of certain lots to the creek. Jeff Shopek, engineer for the project, stated that the plat will reflect the 50' easement from the centerline of the ditch. Barnes made motion, Leroux seconded, to approve the final plat for CREEKVIEW PRESERVE 3RD ADDITION. All aye. Motion Carried. DEVELOPMENT AGREEMENT (CREEKVIEW PRESERVE 3RD ADDITION) The Council considered a copy of a Development Agreement between the City of Hugo and Backes Companies for the development of Creekview Preserve 3rd Addition. Council member Barnes questioned reference to the bike path. The City Engineer stated that the bike path was a part of the construction plans. The Development Agreement will be amended to reflect the change in Fenway Court to Fenway Circle to avoid possible confusion with Fenway Boulevard Court in the BEIP. Stoltzman made motion, Leroux seconded, to approve the Development Agreement, between the City of Hugo and Backes Companies, for the Creekview Preserve 3rd Addition development. All aye. Motion Carried. FINAL PLAT (SWEET GRASS MEADOWS 3" ADDITION The Council considered the final plat for Sweet Grass Meadows 3rd Addition, as well as the City Engineer's letter recommending approval of the final plat. Mayor Stoltzman felt that future homeowners would be bothered by noise from the Peloquin Industrial Park, and that the City would be drawn into the problem. The Council discussed possible ways to minimize the noise pollution, including construction of a wood wall, and raising of the berm. Developer, Rocky Goertz, stated that he could require central air conditioning, and new energy code regulations, effective April 15`h, would minimize interior sound. It was his opinion that walls do not abate noise, and after a number of years, would need maintenance. Mr. Goertz also stated that the new owners would be well aware of the proximity of the industrial park, and that prices of the lot reflect their location, and a clause could be added to the deed putting owners on notice of possible noise problems. Leroux made motion, Barnes seconded, to approve the final plat for SWEET GRASS MEADOWS 3RD ADDITION, SUBJECT TO NOISE ABATEMENT STANDARDS FOR LOTS 5,6,7,8,9. AND 10, INCLUSION OF THE DOCUMENT NUMBER FOR THE NSP EASEMENT THAT LIES ON THE EASTERN PORTION OF THE PLAT. VOTING AYE: Barnes, Haas, Leroux, Petryk VOTING NAY: Walter Stoltzman Motion Carried. City Council meeting of March 6, 2000 Page 7 DEVELOPMENT AGREEMENT (SWEET GRASS MEADOWS 3" ADDITION) The Council considered the Development Agreement, between the City of Hugo and KG Development, for the Sweet Grass Meadows 3`d Addition. Leroux made motion, Barnes seconded, to approve the Development Agreement, between the City of Hugo and KG Development, for the SWEET GRASS MEADOWS 3RDADDITION. VOTING AYE: Barnes, Haas, Leroux, Petryk VOTING NAY: Walter Stoltzman Motion Carried. BEIP WETLAND MITIGATION PROJECT (REHBEIN PURCHASE AGREEMENT) Stoltzman made motion, Petryk seconded, to table until meeting of March 20, 2000. All aye. Motion Carried. RESOLUTION FOR FENWAY BLVD ASSESSMENT ABATEMENT Stoltzman made motion, Leroux seconded, to adopt RESOLUTION 2000-6, A RESOLUTION ABATING FENWAY BOULEVARD ASSESSMENTS. VOTING AYE: Barnes, Haas, Leroux, Petryk, Stoltzman Motion Carried. Leroux made motion, Stoltzman seconded, to adjourn at 11:00 pm. All aye. Motion Carried. 711 Mary Creager, Clerk City of ugo