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HomeMy WebLinkAbout2000.07.03 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF JULY 3.2000 Mayor Walter Stoltzman called the meeting to order at 7:00 pm. PRESENT: Barnes, Haas, Leroux, Petryk, Stoltzman City Administrator, Michael Ericson City Attorney, Greg Galler City Clerk, Mary Ann Creager Leroux made motion, Barnes seconded, to approve the minutes for the City Council meeting of June 19, 2000, as submitted. All aye. Motion Carried. CONSENT AGENDA Stoltzman made motion, Leroux seconded, to approve the following Consent Agenda: 1. Approval of Charitable Gambling License Request from National MS Society @ The End Zone 2. Approval of Application for Cigarette License by Marty Weber dba Bald Eagle Boat Rental (formerly Bobber's Boat and Bait) All aye. Motion Carried. APPROVAL OF CHARITABLE GAMBLING LICENSE REQUEST FROM NATIONAL MS SOCIETY a►, THE END ZONE Sharon Dezeil, area manager for the National Multiple Sclerosis, has made application to the City of Hugo for a charitable gambling license to sell pull tabs at the End Zone Bar and Grill, 13891 Forest Blvd. Adoption of the Consent Agenda approved the National MS's application for a charitable gambling license to sell pull tabs at the End Zone Bar and Grill located at 13891 Forest Blvd., in the City of Hugo. REQUEST FOR CIGARETTE LICENSE BALD EAGLE BOAT RENTAL) Mr. Marty Weber, proprietor of Bald Eagle Boat Rental (formerly Bobber's), located at 4444 120h Street, made application to the City of Hugo for a cigarette license. Adoption of the Consent Agenda approved issuance of a cigarette license to Bald Eagle Boat Rental, 4444 120h Street, as requested. APPROVAL OF CLAIMS Petryk made motion, Barnes seconded, to approve the claims for July 3, 2000 as submitted. All aye. Motion Carried. Council member Petryk asked the Administrator to determine if the payment to Ro-So for worked performed at Rick's Liquor would be paid for with TIF funds. City Council meeting of July 3, 2000 Page 2 Construction of public improvements within Sweet Grass Meadows 3'd Addition have been reviewed by the City Engineer, and are substantially completed through the first lift of bituminous on the streets. Based on review of this project, the City Engineer recommended that the City, in accordance with the Development Agreement, certify the project as substantially completed. This would allow release of building permits and certificates of occupancy. Because of a number of outstanding problems outlined in the City Administrator's memo of 7/3/00: Stoltzman made motion, Petryk seconded, to table this matter until the Council meeting of July 17, 2000. All aye. Motion Carried. BUSINESS SUBSIDY AGREEMENT WITH DEKEL #1 LLC In accordance with the City's tax increment financing policy, a public hearing was held to consider the business subsidy and subsidy agreement for DeKel #I LLC, seeking City approval to construct a 30,000 sq ft facility on a 4.2 acre parcel of land in the Bald Eagle Industrial Park. The purpose of this public hearing is take public testimony regarding the use of tax increment financing and the awarding of a business subsidy to, and the approval of a business subsidy agreement with DeKel #I LLC, pursuant to Minnesota Statutes Section 116J.994, Subd. 5. The public hearing was opened for public comment, with no oral or written comments. The Council then entertained comments from the developer, Jim Kellison, regarding the proposed business, and the various chemicals used in the operation. Fire Chief, Joe McMahon, stated that he and other City officials toured the facility that would be locating in the industrial park, known as Protective Coatings Technology. Because he did not have a completed set of plans for the business, and had not yet met with the St. Paul Fire Department to discuss the proposed business, he requested that the matter be tabled until a later date. Developer Kellison and business owner, Ted DeZureck, answered Council questions regarding chemicals that would be used in the business. The Mayor then closed the public hearing. There were a number of outstanding issues that the Council needed answers to: 1) architect/engineer plans not yet provided; 2) bond counsel review not completed; 3) address Fire Chief's concerns; and 4) ground water and wellhead protection from contamination. Petryk made motion, Barnes seconded, to table this matter until July 17, 2000. All aye. Motion Carried. APPROVAL OF SITE PLAN FOR PROTECTIVE COATINGS TECHNOLOGY, INC. At its June 28, 2000 meeting, the Planning Commission considered the application from Protective Coatings Technology, Inc., to site a 30,000 sq ft building on the 4.2 -acre parcel of land in the Bald Eagle Industrial Park, and recommended to the Council approval of the site plan. City Council meeting of July 3, 2000 Page 3 Petryk made motion, Barnes seconded, to table this matter until July 17, 2000. All aye. Motion Carried. APPROVAL OF A VARIANCE REQUEST FROM AL AND LINDA MARCU FOR CONSTRUCTION OF A DECK At its June 28, 2000 meeting, the Planning Commission considered a variance request from Al and Linda Marcu to construct a deck closer to their property line than current City building code allows. The PC recommended to the City Council approval of the variance for Al and Linda Marcu, 15350 Everton Avenue, to construct a deck on the south of their home 2 ft from the property line, where a 40 ft setback is required. The Marcus must meet a number of conditions for approval. Linda Marcu addressed the Council stating that because the cost to have their property was too expensive, they would revise their request and construct a 12' deck, 10' from the property line. City staff suggested to the Council that the Marcus' indeed from the property stakes to eliminate future problems that most assuredly would arise. Barnes made motion, Stoltzman seconded, to approve the variance request of Al and Linda Marcu, 153 50 Everton Avenue, to construct a deck on the south side of their home two feet from the property line, where a 40 ft setback is required. Approval is subject to the following conditions being met: 1. The deck not be converted to a 3 -season porch. 2. The deck be constructed no closer than six (6) feet of the south property line. 3. The deck be stepped down, so that the lower portion nearest the south property line has a minimum north -south dimension of four (4) feet depth. 4. A survey be carried out by a Register Land Survey that establishes the south property line, and that a copy of this survey be provided to the City Building Official prior to issuance of the variance. All aye. Motion Carried. REQUEST FROM DON & PAULINE RICE a, 9497140TH STREET FOR CITY ASSISTANCE FOR MNDNR FLOOD DAMAGE REDUCTION FUNDING Don and Pauline Rice, 9497 14CP Street, have had problems with rising water from Lake Plaisted encroaching on their property for the past six years. They are no longer able to use their septic system, and have had to haul drinking water into their home for personal use. The Rices have presented their issue to the Brown's Creek Watershed District, and have sought assistance from county and state officials. They have finally come to the City of Hugo seeking assistance as they make application to the state for funding the purchase of their house and property. State regulations do not allow private individuals to make application for state funding. Rather, state law says they must seek assistance from the respective county and/or city they reside in. City staff met with Don and Pauline Rice and Mark Doneux recently to discuss this application process. Mr. City Council meeting of July 3, 2000 Page 4 Doneux works for the Washington County Soil and Water Conservation District, and he suggested the Flood Damage Reduction (FDR) Grant as the best avenue for them to obtain assistance. The issue primary to the City Council is to understand that the rising level of Lake Plaisted has impacted Mr. and Mrs. Rice, but more importantly, there is a larger issue that potentially there could be other property owners who have been impacted as well. Mr. Doneux states that the Rices would likely be a candidate to receive funding, but that the 50% match would have to come from another agency such as the City of Hugo, Washington County, or the Brown's Creek Watershed District. City staff recommended that the City Council carefully consider this request for City assistance in making application to the MnDNR FDR funding program. Mr. Rice addressed the Council outlining the history of the flooding situation relative to his property. Mr. Rice's preflood value was $240,000 to $250,000, and the Brown's Creek Watershed District offered them $190,000 for the property, which was declined by the Rices'. City Attorney Galler questioned who would own the property after its sale, and suggested the City contact the other agencies to determine if they are willing to contribute to the balance of money ($120,000) not covered by the state ($120,000). Haas made motion, Leroux seconded, directing the City Administrator to contact the BCWD and the DNR to assist in the completion of this grant request for Mr. and Mrs. Rice. All aye. Motion Carried. RECOMMENDATION FROM PLANNING COMMISSION FOR APPROVAL OF A CUP FOR KIEGER ENTERPRISES, INC. At its June 28, 2000 meeting, the Planning Commission considered a request from Kieger Enterprises for a Conditional Use Permit (CUP) in the Restricted Industrial District to continue his business at 5885 165x' Street as an operational base for an environmental cleanup business, vehicle repair facility, cold storage, exterior storage of vehicles and equipment, and company offices. On May 24, 2000, the Planning Commission considered a staff report, and held a public hearing on this matter. There appeared to be several unresolved issues: number of accessory buildings, operational issues, and required permits. On June 13, 2000, Ed Kieger held a meeting at the Kieger Enterprises office with many of his neighbors and the City Plan Reviewer, Dan Cornejo. Mr. Kieger pointed out that many more plans had been added to extend the screening of his operation. He said he would submit a revised landscape plan that incorporated these additional plans. He said he would send a letter outlining these revisions, as well as addressing noise problems, including specific regular hours for winter and summer usage. On June 19, 2000, Kieger Enterprises submitted a letter and a revised site plan to the City that addressed property screening issues, lighting, and noise. The letter also proposed summer hours of operation for certain types of equipment, but it did not state any winter hours because the noise did not seem to be an issue during the winter months when the neighbors' windows are closed and not using their yards. The revised site plan indicates the location of the new plantings around the area southeast of the wetland pond. The PC recommended the City Council approve the CUP for Kieger Enterprises. Mr. Kieger appeared before the Council to answer questions regarding his operation. City Council meeting of July 3, 2000 Page 5 The Council felt that the drafted conditions for CUP approval were too vague, as they did not address, in enough detail, the vehicle repair business and storage of vehicles, and access route for emergency vehicles. Haas made motion, Leroux seconded, to table this matter until the meeting of July 17, 2000. All aye. Motion Carried. FUNDING OF MNDNR (WILDLAND URBAN INTERFACE PROJECT) At its June 14, 2000 meeting, the Hugo Parks Commission considered an opportunity to obtain grant funds to work with the DNR to complete the wildland-urban interface project. Money to complete the total wildland-urban interface project would come from a variety of sources, and include grant and non -state in kind matches. The Commission recommended that the City Council commit $12,000 of park dedication funds for the project, and an additional $9,560 is required to complete the MLCCS project. Other funding is as follows: $1,440 from the Brown's Creek Natural Resource Inventory from the DNR; $6,000 from the USDAFS; $2,000 from the RCWD; and $6,400 from the MNRL. Peggy Sand, from the DNR, presented this issue to the City Council, The benefits of this inventory will be that the GIS -based map will identify, classify, and map vegetative -cover types for all the 36 square miles of the City. This information will, in turn, be made available to the City as it plans for its future open space needs and parks development projects. One of the sole purposes of this inventory would be for the City use this information, and acquire available properties that maintain respective native vegetation throughout the City. The Council discussed the financial history of this project, and determined that that the request for Hugo financial contribution has increased from $6,000 to $28,000. The City Administrator will contact the Met Council to clarify if the City's matching grant is applicable with respect to this wildlife grant contribution. Stoltzman made motion, Haas seconded, to table this matter until the meeting of July 17, 2000. All aye. Motion Carried. CONSTRUCTION OF TEMPORARY OFFICE FOR NEW COMMUNITY DEVELOPMENT DIRECTOR City staff requested Council approval for construction of a 12' x 24' temporary office for John Rask, the new community development director. The structure will be wood -framed with fire - rated sheet rock, taped, and painted, at a cost not to exceed $4,000. The proposed structure will be located in the first bay of the old fire hall addition, and should be completed prior to Mr. Rack's start of employment on July 10, 2000. Haas made motion, Petryk seconded, to approve construction of the temporary office space for the new Community Development Director, at a cost not to exceed $4,000. All aye. Motion Carried. City Council meeting of July 3, 2000 Page 6 APPROVAL OF FINAL PLAT FOR ONEKA LAKE VIEW NORTH TOWNHOMES A preliminary plat for Oneka Lake View North Townhomes had been approved by the City Council late last year. Mr. Ken Gust, engineer for the project, worked with the City Engineer to finalize his development plans for this project. City Engineer recommended approval of the final plat for Oneka Lake View North Townhomes. The Council discuss the Christianson house located on the property prior to development, and questioned whether a driveway permit should be granted for the residence as it is not included in the homeowner's association. Because of outstanding issues related to this development: Barnes made motion, Haas seconded, to table this matter until the meeting of July 17, 2000. All aye. Motion Carried. APPROVAL OF WENZEL FARMS CONCEPT PLAN At its June 28, 2000, the Planning Commission listened to a presentation from Len Pratt, Pratt Homes, and Homer Tompkins, developer for Liberty on the Lake in Stillwater. A number of issues were raised and questions asked, and subsequently, the PC approved the concept plan authorizing City staff to work with Mr. Pratt and Mr. Tompkins to finalize their concept plan and planned unit development (PUD) amendment. Mr. Pratt, and development designer, Mark presented the Council with a revised PUD, and requested a grading permit to start construction of their north/south road. Leroux made motion, Haas seconded, to amend the concept plan for Wenzel Farms, and accept the new road location. City staff will work with the developer to work out details of the revised plan, PUD amendment Development Agreement, and required financial guarantees. Voting AYE: Barnes, Haas, Leroux, Petryk Voting NAY: Stoltzman Motion Carried. FLAG PRESENTATION Councilman Leroux presented the Mayor with a MIA flag that was presented to him by Vietnam veterans. The flag will fly at City Hall. WATER TOWER SITE Council members Barnes and Leroux, and City Engineer, Dave Mitchell, met in an effort to make a site selection for the City's new water tower. Councilman Leroux stated that they are recommending the northeast comer of the Martha Peltier property. Stoltzman made motion, Haas seconded, that the City continues negotiations with Martha Peltier in City Council meeting of July 3, 2000 Page 7 SIDEWALK REPAIR CR8/GOODVIEW The sidewalk on the south side of CR8, just west of Goodview Avenue, is in need of repair as the result of connection to City sewer. The City will take care of repairs. ADJOURNMENT Leroux made motion, Petryk seconded, to recess tonight's meeting at 11:00 pm until 9:00 am, Saturday, July 8, 2000, at the Lino Lakes City Hall. All aye. Motion Carried. Mary Creager, City Clerk