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HomeMy WebLinkAbout1999.04.05 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF APRIL 5, 1999 The meeting was called to order by Mayor Walter Stoltzman at 7:00 p.m. PRESENT: Haas, Petryk, Stoltzman City Administrator, Robert Museus City Attorney, Greg Galler City Engineer, Tom Angus City Clerk, Mary Ann Creager ABSENT: Debra Barnes and Jim Leroux ADDITIONS TO AGENDA Discussion of JD2 CONSENT AGENDA Stoltzman made motion, Petryk seconded, to adopt the following Consent Agenda: Minutes for the Council meeting of March 15, 1999 Minutes for the Council meeting of March 17, 1999 Minutes for the Council meeting of March 22, 1999 Minutes for the Council meeting of March 29, 1999 Variance (Jorgenson) Special Use Permit (Cain) Findings of Fact (End Zone) All aye. Motion Carried. VARIANCE (JORGENSON) Charles and Cynthia Jorgenson, 2632 Bloom Road, WBL, MN, requested a variance to construct a pole barn closer to the road than the principal structure on the property located a 13660 Keystone Avenue No. The property is legally described as N658.79 ft of the SE 1/4 of the NE 1/4, Section 25, T3 IN, R21 W. The Board of Zoning Adjustments conducted a public hearing on this request at their meeting of March 24, 1999, and recommended granting the variance as requested, in accordance with the site plan presented by the Jorgensons, and provided the applicants adequately screen the pole building to conceal it from view from the road. Adoption of the Consent Agenda approved the variance as requested, subject to the screening requirement recommended by the Board. SPECIAL USE PERMIT (CAIN) Mark and Sally Cain, 4777 320th Street, Stacy, MN, applied for a SUP to construct an apartment as part of their dwelling being constructed at 13133 Hadley Circle No. The Cains are requesting to build a guest suite including a separate entrance, full bath and kitchen, as part of the home they are building on Lot 5, Block 1, White Oak Heights subdivision. The property is located in the City's agricultural zoning district where two family residences may be allowed by special use permit. Mr. Cain stated that City Council meeting of April 5, .1999 they intend to use the guest suite as a residence for Mr. Cain's aging father. This SUP was the subject of a public hearing before the PC at their meeting of March 24, 1999, at which time they recommended approval of the SUP subject to the condition that the apartment shall be occupied by a family member only. Adoption of the Consent Agenda approved the SUP as conditioned. FINDINGS OF FACT (END ZONE) At the City Council meeting of March 15, 1999, the Council conducted a hearing to consider allegations that Mr. Adrian Paul Kramarczuk, part owner and operator of Classic Holdings, Inc., DBA the End Zone Bar and Grill, did unlawfully sell alcohol without a license on February 3, 1999, and other times prior thereto. The Council determined that Mr. Kramarczuk did indeed violate the City's liquor license ordinance, and revoked his license. The Council reviewed Findings of Fact, prepared by the City Attorney, recording the Council's actions. Adoption of the Consent Agenda approved the 1uidit►gs'`of Fact as presented. After staff answered questions regarding the general claims: Haas made motion, Petryk seconded, to approve the general claims for April 5, 1999 as submitted. All aye. Motion Carried. SPECIAL USE PERMIT (WURZER) Brian and Mary Jo Wurzer, 8126 165th Street North, requested a SUP to construct an 80 ft windmill for electrical -power generation on their property at the above address. The property lies within the City's agricultural zoning district. The Wurzers' request was the subject of a public hearing by the PC at their meeting of March 24, 1999, at which time the PC adopted Findings and Recommendation to deny the SUP. Following the PC action, the Wurzers provided the City with an appeal to the PC's decision. The City also received additional information from adjacent property owners. The Council received testimony from Mr. Wurzer stating that he was willing to reduce the tower height from 80 ft to 65'. Shawn Otto, a resident of May Township, stated that he had a similar windmill on his property with no adverse affects to him or his neighbors. He stated that the windmill did not allow for easy access to climb, and did not create a noise problem for his neighbors. Neighbors of Mr. Wurzer again expressed concerns regarding noise pollution, devaluation of property, and negative effect on horses. Stoltzman made motion, Haas seconded, to deny the request of Brian and Mary Jo Wurzer to construct a 65' windmill on their property at 8126 165th Street, because if fallen, the windmill would cross adjacent property lines, and construction of the structure would deny adjacent property owners'rights to construct on their own property. All aye. Motion Carried. PRELIMINARY PLAT (WHISPERING PINES) Morris and Jean Jerpersen, 651 LaBore Road, Little Canada, MN, has applied to subdivide by PUD, City Council meeting of April 5, 1999 Page 3 11.14 acres into 32 single level townhomes to be known as the Whispering Pines subdivision. The property is generally located on the northeast corner of 125th Street and Highway 61. The PC conducted a public hearing at their meeting of March 24, 1999, at which time the Commission adopted Findings and Recommendations to approve the subdivision with conditions. The PC had previously recommended rezoning the property from agriculture to SFU. Charlie Melcher, engineer for the project, reviewed the proposal for 32 townhomes on the 11.14 acre parcel. The Council discussed trees, drainage, and street design. Mr. Melcher stated that they would be constructing 125th Street, from TH61 to the Hauble property, to a 32' urban section road. Stotlzman made motion, Haas seconded, to approve the preliminary plat for the Whispering Pines subdivision, subject to the amended Findings and Recommendations. All aye. Motion Carried. Stotlzman made motion, Haas seconded, to adopt ORDINANCE 1999-331, AN ORDINANCE AMENDING THE ZONING DISTRICT OF THE PROPERTY FOR WHISPERING PINES FROM AG TO SFU. VOTING AYE: Haas, Petryk, Stoltzman Motion Carried. PRELEMOWARY PLAT (ONEKA LAKE VIEW SOUTH) North Suburban Development, Inc., 1333 Osborne Road., Spring Lake Park, MN, applied to subdivide by PUD approximately six acres of property along the south side on Oneka Lake Blvd., into six townhome sites. The property is currently zoned SFU, and is located within the lakeshore district of Egg Lake, and had previously received preliminary plat approval as part of the Oneka Lake View subdivision. This application was subject to a public hearing before the PC at their meeting of March 24, 1999, at which time the PC adopted Findings and Recommendations to approve the proposed the PUD subject to conditions. Haas referenced the Engineer's report regarding this plat, and because of unanswered questions: Haas made motion, Petryk seconded, to table preliminary plat approval for Oneka Lake View South to allow time to answer engineering concerns. All aye. Motion Carried. DEVELOPMENT AGREEMENT (FRANCINE'S MEADOWS) In conjunction with final plat approval, the Council considered the proposed Development Agreement between the City of Hugo and the developer for the proposed Francine's Meadows subdivision. Mayor Stoltzman felt that the minor subdivision process for the Charpentier and Stewart property should be handled prior to discussion of this matter. The City Attorney stated that this issue had been resolved in the Development Agreement. City Council meeting of April 5, 1999 Page 4 Stoltzman made motion, Petryk seconded, to approve the Development Agreement between the City of Hugo, and Robert and Mary Ann Stewart, and Bruce and Jeanette Charpentier, and Joseph and Pamela Monno, and Land Holding Group, Inc., for the subdivision known at Francine's Meadows. All aye. Motion Carried. FINAL PLAT (FRANCEWS MEADOWS) The Council reviewed the proposed final plat for Francine's Meadows subdivision, as well as the City Engineer's recommendation to approve the final plat. Stoltzman made motion, Haas seconded, to table final plat approval for Francine's Meadows until all required permits are obtained. All aye. Motion Carried. PRESENTATION (JEANNE WALZ) Jeanne Walz, executive director of the Forest Lake Youth Service Bureau, as well as Dick Gross and Brooke Ellman, made a presentation to the City Council on the services provided by the agency. PUBLIC HEARING (130TH STREET IMPROVEMENT) A public hearing was held to consider the making of an improvement to the railroad crossing at 130th Street pursuant to MS 429.011 to 429.111. The proposed project includes reconstruction 130th Street from the west line of Forest Boulevard to a point approximately 300 ft west of Forest Blvd., and lowering the grade of the Burlington Northern/Santa Fe railroad tracks crossing 130th Street to match the new street grade. Reconstruction of the area will include curb, gutter, bituminous paving, and an improved rail crossing. The Engineer's estimate for cost of improvements is $93,000. No assessments are proposed for this project. The City Engineer reviewed the project stating that improvements were necessary to improve transportation and a safety issue. The Mayor opened the public hearing and there were no oral or written comments. Stoltzman made motion, Haas seconded, to accept the feasibility report from the City Engineer for the improvement to the railroad crossing at 130th Street, and direct the Engineer to prepare plans and specs for the project. All aye. Motion Carried. PUBLIC HEARING (140TH STREET IMPROVEMENT) A public hearing has been scheduled to consider making improvements to the railroad crossing at 140th Street, pursuant of MS 429.011 to 429.111. The proposed project includes reconstructing 140th Street from the east line of Finale Avenue to the west line of Forest Boulevard, lowering the grade of the Burlington Northern/Santa Fe railroad tracks crossing 140th Street to match the new grade increasing City Council meeting of April 5, 1999 Page 5 the roadway width of this area to 60 ft, and constructing storm sewer improvements. The disturbed area is planned to be reconstructed with curb, gutter, and bituminous paving, as well as an improved rail crossing. A 10 ft bituminous bike trail is proposed along the south side of 140th Street from Fenway Boulevard to Forest Boulevard. The estimated cost of this project is $157,000. The area proposed to be assessed for this project are those properties benefiting from the project and fronting 140th Street between Finale Avenue and Forest Blvd. Because of an error by the White Bear Press, the hearing notice for the proposed public improvement was not published twice as required by statute. The Mayor opened the public hearing, including the following comments: Arnie Triemert felt that a bike trail would allow for rollerblades; Rich Ober opted for the sidewalk; Mike Fleischhacker was concerned with drainage and questioned the assessment process; Galen Carlson was opposed to the trail for safety reasons; Peter Pedersen was concerned with the lack of traffic lights. The hearing was closed, and Council member Petryk stated that she wanted a concrete sidewalk installed instead of the bike trail. After research of the ordinance, it was determined that a 10' path/sidewalk was required, and would be illustrated on development plans. Stoltzman made motion, Haas seconded, to accept the City Engineer's feasibility report for the improvement to the railroad crossing at 140th Street, and order plans and specs. To meet notice requirements, a public improvement hearing will be held on May 3, 1999 at 7:05 p.m., along with consideration of an assessment roll. All aye. Motion Carried. OAKSHORE PARK PUBLIC IMPROVEMENT PROJECT The Council continued discussion of the Oakshore Park public improvement project as well as a revised cost estimate for the project prepared by the City Engineer. Under law, it will require the affirmative vote of four Council members to order this project. Because two Council members were absent: Stoltzman made motion, Petryk seconded, to table this matter until the meeting of April 19, 1999. All aye. Motion Carried. REVISED COST ESTIMATE (PELOQUIN INDUSTRIAL PARK) The Council reviewed a revised cost estimate for the improvement of the Peloquin Industrial Park and adjacent areas along TH61. The City Engineer revised his concept for this project, and discussed proposed changes with the Council at the meeting. In addition, concerns have been raised regarding the connection of 152nd Street to residential property abutting the Industrial Park on its east side. The Council advised that this matter be placed on the agenda for the meeting of April 19, 1999. WATER TOWER AND WELL The Council considered a report from the City Engineer recommending the construction of new water tower and well to serve the community, as well as a letter from the Fire Chief requesting that these facilities be approved for construction. City Council .meeting of April 5, 1999 Stoltzman made motion, Haas seconded, to table this matter until the meeting of April 19, 1999. All aye. Motion Carried. SUPPLEMENTAL AGREEMENT NO.4 (FENWAY BOULEVARD) The Council considered a letter from the City Engineer requesting a Supplemental Agreement No. 4 between the City of Hugo and the contractor for Fenway Boulevard to include adding concrete aprons to the project for service to the new fire station. Stoltzman made motion, Petryk seconded, to approve Supplemental Agreement No. 4, to include adding concrete aprons for the new fire station. ►11 a�re.Motion Carred. CARNELIAN/bL4RINE WATERSHED DISTRICT BOARD VACANCY The City has received a letter from Washington County noting that there will be two vacancies in the near future on the Carnelian/Marine Watershed Board of Directors. A portion of Hugo abutting Keystone Avenue lies within this district. Names are to be submitted to staff for submission to Washington County. No formal action was required. CITY HALL ROOF Mayor Stoltzman received a quote from Berwald Roofing, Inc., for structural repairs to City Hall roof at an estimated cost of $13,517. Petryk made motion, Stoltzman seconded, to accept the bid from Berwald Roofing for structural repairs to the City Hall roof, as an estimated cost of $13,517. All aye. Motion Carried. ESPECIAL MEETING -(APRIL 12. 19991 Stoltzman made motion, Haas seconded, to hold a closed meeting with the City's legal counsel on April 12, 1999, at 7:00 p.m to discuss possible JD2 litigation. All aye. Motion Carried. Stoltzman made motion, Petryk seconded, to recess tonight's meeting at 11:00 p.m. until Monday, April 12, 1999, at 7:00 p.m. 1 aye. Motion Cam Mary Creager, City Cl