HomeMy WebLinkAbout2000.08.07 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF AUGUST 7.2000
Mayor Walter Stoltzman called the Council meeting to order at 7:00 pm.
PRESENT: Haas, Leroux, Petryk, Stoltzman
City Administrator, Michael Ericson
City Attorney, Dave Snyder
City Engineer, Dave Mitchell
City Community Development Director, John Rask
City Clerk, Mary Ann Creager
ABSENT: Debra Barnes
APPROVAL OF MINUTES (JULY 17, 2000
Leroux made motion, Petryk seconded, to approve the minutes for the Council meeting of July 17,
2000, as amended.
All aye. Motion Carried.
APPROVAL OF TOWN MEETING (JULY 20, 2000)
Stoltzman made motion, Petryk seconded, to approve the minutes for the Council meeting of July
20, 2000, as submitted.
All aye. Motion Carried.
CONSENT AGENDA
Petryk made motion, Haas seconded, to approve the following Consent Agenda:
Amendment to City's Personnel Policy
Approval of Cost Share Participation for ECI Building Contractor
All aye. Motion Carried.
AMENDMENT TO CITY'S PERSONNEL POLICY
In accordance with established City policy, City staff requested that the City Council amend the
City's Personnel Policy to include the President's Day, traditionally the second Monday in
February, as an additional holiday for City employees. In reviewing this additional holiday request
with the League of Minnesota Cities, City staff found that it is consistent with the majority of other
city holiday standard policies. Adoption of the Consent Agenda amended the City's Personnel
Policy to include President's Day, as recommended by City staff.
APPROVAL OF COST SHARE PARTICIPATION FOR ECI BLDG CONTRACTOR
City staff met with representatives from Rick's Liquor at the time they submitted an application to
the City for approval of a site plan for their new building. ECI Building Contractor constructed the
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Page 2
building for Rick's Liquor, and suggested that the City may be interested in a cost sharing for the
construction of a shared driveway between Rick's Liquor and a vacant lot owned by the City. The
City previously approved this design. The previous City Engineer, Tom Angus, outlined estimated
cost for the City to be $17,571 for its half of the driveway. ECI had an amount to $18,021,
primarily due to an increase cost in asphalt materials. There was a second invoice for $2,769 for
the additional cost incurred during the connection to the sanitary sewer service and construction of
the driveway. SEH inspectors and City staff were involved in discussions during this work, and
observed the contractor as he proceeded to completion. Adoption of the Consent Agenda approved
both invoices, totaling $20, 790, contingent on the execution of the attached Driveway Easement
and Maintenance Agreement, as recommended by City staff.
APPROVAL OF CLAIMS
Council member Petryk questioned the claim from Attorney Paul Haik.
Petryk made motion, Haas seconded, to approve the claims for August 7, 2000, as submitted.
All aye. Motion Carried.
CITY REQUEST FOR 60 -DAY EXTENSION FOR DEKEL PROPERTIES PROJECT
Mr. Kellison contacted the City on Wednesday, August 2, 2000 to request that the City remove the
site plan application for DeKel Properties from the August 7I' Council agenda. Since the 60 -day
review period for the DeKel Properties site plan application expires on August 13, 2000, the City is
exercising its authority to extend the review period for an additional 60 days; therefore, the review
period for the application will end on October 12, 2000. Mr. Kellison expects to bring this issue
back to the City Council to discuss the ventilation system.
Haas made motion, Petryk seconded, to table this matter until the meeting of August 21, 2000.
All aye. Motion Carried.
APPROVAL OF FINDINGS OF FACT FOR AL & LINDA MARCU VARIANCE
This issue was discussed by the City Council at its July 3, 2000 meeting. The applicant has a home
located at 15350 Everton Avenue, and requested a variance from the setback from the side yard.
The ordinance requires a 40' setback, whereas the applicant sought a 2' setback. The Board of
Adjustments met on June 28, 2000, and recommended approval of the variance request. The
applicants have met their burden of demonstrating a hardship, and were granted a variance subject
to the following four conditions:
1. The deck not be converted to 3 -season porch;
2. The deck be constructed no closer than 6' to 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 4' depth;
4. A survey be filed with the City, as prepared by a registered land surveyor, establishing the
south property line. A copy of the survey must be provided to the City Building Official prior
to the approval of this variance.
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Page 3
Councilman Haas stated that the Subd. D on Page 2, should state that survey must be provided to
the City Building Official prior to issuance of a building permit.
Haas made motion, Stoltzman seconded, to approve the Findings of Fact as amended.
VOTING AYE: Haas, Leroux, Stoltzman
VOTING NAY: Becky Petryk
Motion Carried.
ONEKA LAKE VIEW NORTH TOWNHOMES (FINAL PLATT
At its July 17, 2000 meeting, the City Council tabled action for approval of the final plat for Oneka
Lake View North Townhomes due to the unfinished work of the landscaping that was necessary to
provide the installation of sod in the first phase of the project. City staff met with the developer,
Bruce Kerber of North Suburban Development, Inc., and also the builder, Bill Gleason of Eagle
Crest Builders, regarding completion of these outstanding issues. The City was assured that they
would be completed prior to Friday, August 4, 2000. City staff made a site inspection visit on
Wednesday, August 2, 2000, and observed the landscaping company completing the installation of
landscaping and sodding of the properties. The developer and the builder have also worked to
make the water system connection with installation of a 2" water meter. After a lengthy discussion
continued with Ken Gust, engineer for the project, and John Gleason, development builder:
Petryk made motion, Haas seconded, to table this matter until the meeting of August 21, 2000, at
which time following issues are to be resolved: draft of Development Agreement, if needed;
presentation of landscape plan; and calculations proving of 15% of development is reserved for
open space.
VOTING AYE: Haas, Petryk, Stoltzman
VOTING NAY: Leroux
Motion Carried.
Haas made motion, Petryk seconded, to grant an additional 60 days for the Council to take action
on final plat for Oneka View North Townhomes.
All aye. Motion Carried.
DAN RAMBERG (PRINCIPAL/ACCESSORY USE DETERMINATION)
On June 5, 2000, the City Council approved a CUP for a rodeo and tack shop at the Daniel and
Elaine Ramberg property located at 5676 170' Street. The applicant also operates a horse training
and boarding facility at this location. At its July 26, 2000 meeting, the PC reviewed the status of
the horse training and boarding facility, and found that these uses represent an accessory use to the
primary use of agriculture. The Council reviewed criteria in determining principal and accessory
use. Mr. Ramberg was interested in having a footprint of what activities exist presently to protect
his future interests.
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Page 4
Stoltzman made motion, Leroux seconded, that the Council find that the Daniel Ramberg horse
training and boarding facility are accessory to the principal agricultural use of the property, as
recommended by the PC.
VOTING AYE: Leroux, Petryk, Stoltzman
ABSTAINED: Haas
Motion Carried.
The Council wanted to know what City funds have been expended in this matter.
SCHEDULE JD2 MEETING WITH ATTORNEY PAUL HAIK
Councilman Chuck Haas requested that the Council schedule an executive session to meet with
JD2 attorney, Paul Haik, along with Water Resource Engineer, Pete Willenbring, from WSB, and
City Attorney, Greg Galler, in order to share the most recent ruling from Judge Stephen Muehlberg
and discuss related issues.
Stoltzman made motion, Petryk seconded, to schedule an executive session to discuss JD2
litigation for August 22, 2000, at 7:00 pm.
All aye. Motion Carried.
PETITION TO STOP IMPROVEMENT PROJECT FOR 132ND STREET
On Monday, July 31, 2000, City staff was presented with a petition by residents living on 132nd
Street; specifically, the petition requests that the Council place on hold, stop, cancel, the proposed
improvements to 132nd Street as outlined by City Engineer at a public information meeting held on
July 18, 2000, at the Hugo Fire Hall. Finance Director, Ron Otkin, prepared a matrix clearly
showing who signed the original petition dated February 1, 2000, and the second petition, dated
July 24, 2000. According to the second petition, property owners representing 79% of the street
footage, are opposed to the project. Engineer Dave Mitchell stated that front footage cost would be
approximately $90 per foot, exceeding cost benefit to the properties. The Council discussed other
methods to assist homeowners with the assessment, and agreed that the appraisal process should
continue.
Petryk made motion, Stoltzman seconded, to table discussion of this issue until the Council
meeting of September 5, 2000.
All aye. Motion Carried.
MNDOT INSTALLATION OF CONCRETE BARRIERS ON 1407H STREET
City staff requested direction from the City Council regarding 140'h Street east of CR8 at Lake
Plaisted. The road has been flooded and closed for some time. Although the water has receded to
a point where vehicles have used the road again, it has caused problems like parking in NO
PARKING areas, and launching boats from the roadside. Both the County Sheriff and the County
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Page 5
Engineer would like to have something permanent done. City staff provided a short-term solution
to the problem by placing two jersey barriers after the last driveway for traffic traveling from the
east or CR57. Two jersey barriers have also been installed to prohibit traffic from passing from the
west or CR8. To insure the safety of motorists, ROAD CLOSED signs have been installed on
140'b Street off CR8 and CR57. Type III barricades in front of the jersey barriers have been
installed to warn motorists that the road is closed, and additional NO PARKING signs and NO
BOAT LAUNCHING signs on 14& Street have been installed. The Council concurred with staff
actions, and requested that the City Engineer provide a cost estimate to have guard rails installed.
APPROVAL OF FINAL PAY REQUEST FOR LANDSCAPING WORK ON NEW FIRE
HALL
Trossen Wright has reviewed the outstanding landscape issues with Fire Chief, Joe McMahon, and
authorizes the final payment of $3,000 to Loeffel Engstrand Corporation for final work completed
on the construction of the new Fire Hall.
Leroux made motion, Petryk seconded, to approve final payment of $3,000 to Loeffel Engstrand
for work completed on the construction of the new Fire Hall.
All aye. Motion Carried.
APPROVAL OF RESOLUTION APPROVING ELECTION JUDGES
Leroux made motion, Haas seconded, to adopt RESOLUTION 2000-22, A RESOLUTION
DESIGNATING ELECTION JUDGES FOR THE PRIMARY AND GENERAL ELECTIONS IN
THE YEAR 2000.
VOTING AYE: Haas, Leroux, Petryk, Stoltzman
Motion Carried.
APPL FROM WOODY'S BAR AND GRILL FOR ON-SALE/OFF-SALE LIQUOR
LICENSES
Bradley Stuart Smith dbaWoody's Bar and Grill, Inc., has made application to the City of Hugo for
on -and off -sale liquor licenses. As per City ordinance, the Washington County Sheriff s
Department provided a complete a background investigation into Mr. Smith. While Mr. Smith has
no alcohol violations files with the Minnesota Liquor Control Board, and Woody's Bar and Grill
has passed the most recent alcohol compliance check conducted by the Bayport Police Department,
he does have a number of violations of State law, which upon review of the data, may appear to
call into question his moral character, under MS 340A.402, sub (3), "Persons Eligible". Sergeant
Timothy Tuthill states that he has found no specific violation in itself that would disqualify the
applicant, Mr. Smith, from being eligible for the liquor license requested. City staff made no
recommendation regarding the approval of the application from Mr. Smith dbaWoody's Bar and
Grill, and requested that the Council thoroughly review the information received from the
applicant. Mr. Smith appeared before the Council and addressed each item on Sergeant Tuthill's
report.
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Page 6
Leroux made motion, Stoltzman seconded, to approve issuance of an on -sale and off -sale liquor
license to Bradley Stuart Smith dba Woody's Bar and Grill to operate a bar and restaurant at 12010
Keystone Avenue (Keystone Lounge).
VOTING AYE: Leroux and Stoltzman
VOTING NAY: Haas and Petryk
Motion Failed.
Only absent Council member Debra Barnes or one of the opposing voters could bring this matter
up for reconsideration.
BROWN'S CREEK WATERSHED DISTRICT APPOINTMENT
Washington County requested that the City of Hugo submit a list of nominees for consideration or
reappointment to the BCWD, since the terms of the current two commissioners expire on 10/21/00.
Mayor Stoltzman suggested that Dave Truax's name be placed for consideration.
RESCHEDULE SEPTEMBER 4TH COUNCIL MEETING DATE
In accordance with City policy, City staff recommended that the Council approve the change of the
regularly scheduled September 4, 2000 Council to Tuesday, September 5'" due to the Labor Day
holiday.
Stoltzman made motion, Petryk seconded, to change the regularly scheduled meeting of September
4'' to September 5�" because of the Labor Day holiday.
All aye. Motion Carried.
ADMINISTRATIVE REMOVAL OF PARCEL FROM TIP DISTRICT 1-1
There is a parcel of land located in TIF District 14 originally part of Outlot A (Jackson property),
but was later sold to Ken Tschida and attached to Outlot B. Outlot B was later platted as the
Townhomes of Bald Eagle Lake, and now that this parcel is now part of a residential development,
it needs to be eliminated from the TIF district. TIF law allows for the elimination of this parcel by
Council resolution without the need for a public hearing. City staff recommended adoption of a
resolution eliminating Parcel #30.031.21.41.0005 from TIF District 1-1.
Leroux made motion, Haas seconded, to adopt RESOLUTION 2000-23, A RESOLUTION
ELIMINATING PARCEL #30.031.21.41.0005 FROM TIF DISTRICT NO. 1-1.
VOTING AYE: Haas, Leroux, Petryk, Stoltzman
Motion Carried.
INITIATION OF AMENDMENT TO CITY'S DRIVEWAY ORDINANCE
The City received a petition from eight contractors requesting that the City amend the zoning
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Page 7
ordinance to increase the maximum permitted driveway width from the current allowance of 16' to
28'. Additionally, the City has a pending variance request for a 28' driveway. The Board of
Zoning Adjustments tabled the variance request to allow the PC and Council an opportunity to
consider a possible zoning ordinance text amendment. On July 26, 2000, the PC reviewed the
request, and recommended by a 6 to 1 vote to leave the driveway width standard of 16'. The PC
found that the current 16' driveway width standard was appropriate for a number of reasons. The
PC noted that the driveway width only applies to the portion of the driveway located on the City
right-of-way, and that property owners may extend the width of the driveway once it is on private
property. Staff notes that the current zoning ordinance limits the total amount of impervious
surface to 50% of the total lot. The PC's consideration of the zoning ordinance text amendment
was not noticed as a public hearing. Staff surveyed adjacent communities to determine driveway
widths, and found that driveway widths standards ranged from 16' to 36'. The City's Building
Official recommended that the ordinance be amended to allow maximum driveway width of 28'.
This recommendation is based on the survey, as well as the need to provide sufficient driveway
space for the parking of boats, trailers, etc., without having to significantly reduce the driveway
width at the property line.
Leroux made motion, Stoltzman seconded, that the Council finds that an amendment is warranted,
and directs the Planning Commission to hold a public hearing regarding the proposed amendment.
All aye. Motion Carried.
MORATORIUM ORDINANCE
Because of the late time of the meeting, and the time necessary to discuss this matter:
Haas made motion, Petryk seconded, to table this matter until the special Council meeting of
August 10, 2000, at 7:00 pm.
All aye. Motion Carried.
EXECUTIVE SESSION
Haas made motion, Leroux seconded, to go into executive session to discuss JD2 litigation.
All aye. Motion Carried.
Haas made motion, Leroux seconded, to recess tonight's meeting at 11:00 pm until August 10,
2000, to complete this evening's agenda.
All aye. Motion Carried.
Mary reager, City Clerk��