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HomeMy WebLinkAbout1999.05.10 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF MAY 3. 1999 The meeting was called to order by Mayor Walter Stoltzman at 7:00 p.m. PRESENT: Barnes, Haas, Leroux, Petryk, Stoltzman City Administrator, Robert Museus City Attorney, Greg Galler City Engineer, Tom Angus City Clerk, Mary Ann Creager Leroux made motion, Haas seconded, to approve the following Consent Agenda: Minutes for the City Council meeting of April 19, 1999 Variance (Scholz) Variance (Peloquin) Code Enforcement Officer Charitable Gambling License (American Legion) 3.2 Beer License (Bobber's Boats and Bait) Authorization to Advertise Position Vacancy All aye. Motion Carried. Haas made motion, Barnes seconded, to approve the general claims for May 4, 1999 as presented. All aye. Motion Carried. VARIANCE (SCHOLZ) David & LaVerna Scholz, 12962 Keller Ave., requested a 35' variance from the 200' required setback from the ordinary high water mark of School Section Lake. They also requested to construct a 1,500 square foot detached building for accessory storage. There is currently a 2,600 square foot building on the site, but no garage. The conservancy district ordinance allows 1,000 square feet for a detached garage and 3,600 square feet for accessory storage. The Board of Zoning Adjustments considered this request at their meeting of April 28, 1999, and recommended approval of a variance of 35' to the required setback from the ordinary high water mark of School Section Lake, and to allow the construction of 1,500 sq ft detached accessory building on the site. Adoption of the Consent Agenda approved the variances as recommended by the Board of Adjustments. VARIANCE (PELOQUIN) John Peloquin, 15175 Forest Boulevard, requested a variance of 150 square feet to enlarge his attached garage to 1150 square feet, where the maximum allowed by ordinance in the SFE district is 1000 square feet. This matter was considered by the Board of Zoning Adjustments at their meeting of April 28, 1999, and recommended approval of the 150 sq ft variance at the above address. Adoption of the Consent Agenda approve the construction of a 1,150 sq ft garage on the property. City Council meeting of May 3, 1999 Page 2 CODE ENFORCEMENT OFFICER Based on the evaluation of the experience, training, and skills of the applicants for the position of ..Field Inspector/Code Enforcement Officer for the City's building department, and the results of the interviews, staff recommended the Council hire Jason M. Harinen, 4520 Perry Avenue North, Robbinsdale, MN., for the position. Mr. Harinen is certified as a building official, has a certificate of building inspection technology from North Hennepin Community College, and a degree in carpentry from Eveleth Technical College. He is experienced as a carpenter, as well as a field supervisor for a siding crew. Adoption of the Consent Agenda approved forwarding Mr. Harinen an offer of employment. CHARITABLE GAMBLING LICENSE (AMERICAN LEGION POST 620) The American Legion Post 620 requested a one -day off site gambling permit to sell pulltabs during Good Neighbor Days on June 12, 1999. Adoption of the Consent Agenda approved the license as requested. 3.2 BEER/CIGARETTE LICENSES (BOBBER'S BOATS AND BAIT) Mr. Robert McElmury DBA Bobber's Boats and Bait, 4444 129th Street North, applied for a license to sell 3.2 beer and cigarettes at his business. Adoption of the Consent Agenda approved the requested permits subject to Mr. McElmury providing the City with a statement of sales under $10,000 or proof of adequate liability insurance. AUTHORIZATION TO ADVERTISE POSITION VACANCY Due to Mr. Kriz's resignation, staff requested approval to advertise the vacancy for the position, in accordance with the job description and notice of position vacancy. Adoption of the Consent Agenda approved publishing the notice. SUP (NORTH COUNTY AUTOBODY) Galen Carlson and Richard Ober DBA North County Autobody, 5451 140th Street North.. requested a SUP to establish the nonconforming rights of their business at the above address, as well as to allow exterior storage of automobiles for their business. The PC conducted a public hearing at their meeting of April 28, 1999, and recommended approval of the a draft SUP. Council member Barnes was concerned with the definition for "unlicensed" vehicles and the possibility of requiring an auto dismantling license. There was also discussion regarding installation of a fence for screening, and when the fence should be constructed. Barnes made motion, Leroux seconded, to table this matter until the meeting of May 17, 1999. All aye. Motion Carried. City Council meeting of May 3, 1999 Page 3 SUP (RIVER CITY ASPHALT) Tom and Judd Jackson, and Judy Marier, 5118 130th Street, and River City Asphalt, Inc., applied for a SUP to erect and maintain a hot -mix asphalt plant and recycling facility on Outlot A of the Woods of Bald Eagle subdivision. The property is located within the industrial zoning district of the City where City Code, Chapter 3204, Subd. L(3) allows blacktop plants and the stockpiling of materials for highway construction as a special use. The PC conducted a public hearing at their meeting of April 28, 1999, and recommended denial of the SUP based on the Findings found in their minutes. Barnes made motion, Haas seconded, to table until May 17, 1999 to allow review of a Findings of Fact. All aye. Motion Carried. AUTO DISMANTLING LICENSE (HUGO AUTO PARTS) Hugo Auto and Truck Parts, 16615 Forest Blvd., applied to renew their Auto Dismantling License for the above address. The property was subject to a site inspection by the City's building official July 27, 1999. The business currently has both a Hazardous Waste Generator's License and Industrial Stormwater Discharge Permit. The applicants have not constructed the 8' high steel fencing along the south property line as required under the license issued to them on May 4, 1998, and have instead requested to be allowed to place an 8' earth berm in lieu of the fencing. Staff recommended approval of the license subject to conditions. Mayor Stoltzman stated that the berm has already been placed along the south property line, which appeared to be adequate to him, and felt that a cash escrow was not necessary. Stoltzman made motion, Haas seconded, to renew the Auto Dismantling License for Hugo Auto and Truck Parks, 16615 Forest Boulevard, subject to the following conditions: 1. The applicants shall supply the City a revised site plat showing the location of the proposed berms and screening to be used on the site for review and approval by the City Council. 2. This license shall expire on May 4, 2000, at which time adequate vegetation on the berm is to be completed. All aye. Motion Carried. EMPLOYEE RESIGNATION (KRU) Mr. Mike Kriz, the City's Maintenance Supervisor, resigned his position with the City, effective May 7, 1999. Hugo resident, Pat Dunn, will fill in temporarily until a full-time replacement is found. Barnes made motion, Leroux seconded, to reluctantly accept the resignation of Mike Kriz. All aye. Motion Carried. City Council meeting of May 3, 1999 Page 4 PUBLIC HEARING (140TH STREET GRADING REALIGNMENT) A public hearing was held to consider the making of an improvement to the railroad crossing at 140th Street, pursuant to MS 429.011 to 429.111. The proposed project includes reconstructing 140th Street from the east line for Finale Avenue to the west line of Forest Boulevard, and lowering the grade by four (4') ft of the Burlington Northern/Santa Fe railroad tracks crossing 140th Street. The road would be widened to approximately 60 ft to allow turn lanes. Storm sewer improvements would be constructed, curb and gutter, and bituminous paving will be made. A 10 ft bituminous trail is proposed along the south side of 140th Street. The estimated cost of this project is $157,000. The area proposed to be assessed for the project are those properties benefiting from the project and fronting 140th Street between Finale Avenue and Forest Blvd. This project was discussed at the City Council meeting of April 19, 1999, but due to an error in noticing of the hearing, was rescheduled for this evening. The public hearing was opened and Mike Fleischhaker questioned if residents of Oneka Estates and future users of the road would also be assessed. He was also concerned that all necessary improvements be made now. Galen Carlson questioned the number of exiting lanes, and stated the present need of a traffic signal. The Council then discussed the trail/bike path, with Council member Barnes suggesting that a 5' trail be placed on both sides of the street rather than 10' on one side. Tom Angus, City Engineer, stated that there was insufficient right-of-way on the north side. An assessment resolution will be drafted for Council review at their meeting of May 17, 1999. PRELIMINARY PLAT BEAVER PONDS #3) Oakwood Land Development applied to subdivide part of Outlot A, Beaver Ponds 2nd Addition into 21 single family homes. The property is within the SFU zoning district, and generally lies in the southeast quadrant of TH61 and 130th Street. This matter was subject to a public hearing before the PC at their meeting of April 28, 1999, at which time the PC recommended approval of the preliminary plat subject to Findings of Facts and Conditions. Barnes made motion, Stoltzman seconded, to approve the preliminary plat for Beaver Ponds #3 to subdivide part of Outlot A 2nd Addition into 21 single family homes. All aye. Motion Carried. PRELE IINARY PLAT (BEAVER PONDS #4) Oakwood Land Development applied to subdivide 5.93 acres of Outlot A, Beaver Ponds 2nd Addition into 26 single family attached homes (13 twinhomes). The property is located in the SFU zoning district, and is part of a previously -approved PUD on the site. This application was subject to a public hearing by the PC at their meeting of April 28, 1999, at which time they recommended approval of the preliminary plat subject to the Findings of Facts and Conditions. Barnes made motion, Leroux seconded, to approve the preliminary plat for Beaver Ponds #4 to subdivide part of Outlot A 2nd Addition into 26 single family attached homes. All aye. Motion Carried. City Council meeting of May 3, 1999 Page 5 TOWNHOMES OF BALD EAGLE PUD (CONCEPT APPROVAL) Royal Oaks Realty, Inc., applied for a PUD consisting of 204 townhome units on 39.16 acres located north of 130th Street and west of Fenway Boulevard, under the City's south water tower. The applicants requested approval of preliminary development plans in accordance with City Code, Chapter 320-5, Subd. K(11). This plan was reviewed the PC at their meeting of April 28, 1999, and recommended approval of the concept subject to the conditions found in the staff report. Approval of the concept would provided guidance to the developer for preparation of the preliminary plat, which will be subject to a hearing before the PC. Mike Black, representing Royal Oaks Realty, discussed, at length, the scope of the project and type of structures. Council members Petryk and Haas felt the project too dense with the need of more open space. Barnes made motion, Haas seconded, to table this matter until the meeting of May 17, 1999. All aye. Motion Carried. MINNEGASGO FRANCHISE APPLICATION Reliant Energy/Minnegasco applied for a franchise to provide natural gas service within the City. The City currently has nonexclusive franchise issued to NSP service in the community. The Council considered a draft ordinance granting Minnegasco a franchise to service customers in the City. Leroux made motion, Barnes seconded, to schedule a public hearing for June 7, 1999, at 7:05 p.m. to consider adoption of a franchise ordinance for Reliant Energy/Minnegasco to provide natural gas service in the City. All aye. Motion Carried. SCHW IETERS LETTER Tom Junnila reviewed Schwieters Development Corporation request that the City reduce the cost of the property they are. purchasing in the Bald Eagle Industrial Park due to the fact that the City will not be mitigating approximately 9,452 sq ft of wetlands located in the southeast corner of the site, as originally agreed to. Based on the $$90,000/acre the City is charging Schwieters Development, the cost reduction amounts to $19,471.12. Leroux made motion, Barnes seconded, to reduce the price for property purchased by Schwieters Development in the Bald Eagle Industrial Park by $19,471.12. VOTING AYE: Barnes, Haas, Leroux, Stoltzman VOTING NAY: Becky Petryk Motion Carried. City Council meeting of May 3, 1999 Page 6 OAKSHORE PARK P.L PROJECT The Council tabled action on the proposed Oakshore Park P.I. Project pending review of the assessments by a committee comprised of the City Attorney and Engineer, and Julie Schwartz, an appraiser. The City Attorney reviewed the committee's findings with the Council. Because the six-month time deadline to act on this petition had expired: Barnes made motion, Leroux seconded, to adopt RESOLUTION 1999-9, A RESOLUTION VACATING THE SPECIAL ASSESSMENTS WHICH WERE APPROVED FOR THE OAKSHORE PARK PUBLIC IMPROVEMENT PROJECT. VOTING AYE: Barnes, Haas, Leroux, Stoltzman ABSTAINED: Petryk Motion Carried. ASSESSMENT APPEAL MEHBEIN) Mr. Glen Rehbein appealed his assessment for the 129th Street improvement project. Based on an appraisal performed for the City by Lake State Realty Services, Inc., it is evident that the property owned by Mr. Rehbein will not receive a benefit from the proposed improvements. The City Attorney requested authority to enter into a Stipulation Agreement with Mr. Rehbein to vacate the assessment. Stoltzman made motion, Barnes seconded, to remove the assessment for Glen Rehbein, in the amount of $24,135, from the 129th Street public improvement project. All aye. Motion Carried. City Attorney, Greg Galler, stated that the City has until March 8, 2000 in which to award this project. WATER TOWER AND WELL The City Engineer reviewed a previously -submitted report indicating a need for a new water tower and well in the community. A major fire in the community would put a serious drain on the City's system. There was also discussion about revisiting connection fees and doing a rate study on the utility billing. Barnes made motion, Leroux seconded, authorizing the City Engineer to proceed with a feasibility study for an additional water tower and well, not to exceed $5,000. VOTING AYE: Barnes, Haas, Leroux, Stoltzman ABSTAINED: Petryk Motion Carried. City Council meeting of May 3, 1999 Page 7 UTILITY ASSESSMENT (GRAY) Ronald and Brenda Gray signed an Agreement of Assessment and Waiver of Irregularity and Appeal for the City to extend sanitary sewer and water service to their property from the Oneka Lake View subdivisions' utility project. Under this Agreement, the City would pay for extension of the sewer and watermain, and be repaid through an assessment on the property tax over ten (10) years at a rate of 6.5%. The City entered into similar Agreements with property owners along CR8A during its recent improvement. Haas made motion, Petryk seconded, to approve the Agreement of Assessment and Waiver of Irregularity and Appeal for the City to extend sanitary sewer and water service to the Gray property. All aye. Motion Carried. REVISED STREET LIGHTING CONTRACT NSP submitted to the City a revised contract for the construction of street lights along Fenway Boulevard/Fenway Avenue, and on the site of the City's new Fire Hall, increasing the project cost to $37,835. Leroux made motion, Barnes seconded, to approve the revised street light contract between NSP and the City of Hugo, for the construction of Street lights along Fenway Boulevard/Avenue, increasing the project cost to $37,835. All aye. Motion Carried. Stoltzman made motion, Barnes seconded, to recess tonight's meeting at 11:00 p.m. until May 5, 1999, at 6:30 p.m., the Washington County Public Work building, to discuss possible improvements to CR8, west of TH61. All aye. Motion Carried. 4-,� &..-, Mary Creager City rk