HomeMy WebLinkAbout1999.06.07 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF JUNE 7. 1999
The meeting was called to order by Mayor Walter Stoltzman at 7:00 pm.
PRESENT: Barnes, Haas, Leroux, Petryk, Stoltzman
City Administrator, Robert Museus
City Attorney representative, David Snyder
City Engineer, Tom Angus
City Clerk, Mary Ann Creager
Stoltzman made motion, Haas seconded, to approve the following Consent Agenda:
City Council minutes for May 24, 1999
City Council minutes for closed session May 24, 1999
General Claims for June 7, 1999
Side Yard Variance (Fladeboe)
Charitable Gambling Permit (St. John's)
Contract for Sewer & Water Rate Study
Site Plan Approval (McGoldrick)
All aye. Motion Carried.
Barnes made motion, Haas seconded, to approve the minutes for the City Council meeting of May 17,
1999, as amended.
All aye. Motion Carried.
SIDE YARD VARIANCE (FLADEBOE)
Paul and Sandy Fladeboe, 5829 147th Street, requested a variance to construct a 1,200 sq ft garage
where 1,000 sq ft is allowed by variance. They are requesting to construct a 427 sq ft addition to the
south side of the existing 780 sq ft detached garage on their property. This matter was considered by the
Board of Zoning Adjustments at their meeting of May 26, 1999, at which time they recommended
approval of the variance. Adoption of the Consent Agenda approved a 200 sq ft variance to maximum
garage size at 5829 147th Street.
CHARITABLE GAMBLING LICENSE (ST. JOHN'S)
St. John the Baptist Church, 14383 Forest Boulevard, requested a MN Lawful Gambling Permit to
conduct bingo, raffles, and sell pulltabs on church property during the Fall Festival to be held August 22,
1999. Adoption of the Consent Agenda approved the Lawful Gambling Permit, as requested.
CONTRACT FOR SEWER AND WATER RATE STUDY
The Council considered a memorandum from the City's Finance Director recommending the City
contract with OSM to prepare a sewer and water rate study at a cost of $5,000. The purpose of the
study is to identify an appropriate user rate structure that will produce sufficient revenues to pay for
maintenance and operating expenses, and existing and future debt service. Adoption of the Consent
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Page 2
Agenda approved the City entering into a contract with OSM to prepare a sewer and water rate study for
a lump -sum fee of $5,000.
SITE PLAN APPROVAL (MCGOLDRICIG
Mr. Brian McGoldrick, 5110 130th Street, requested site plan approval to construct a paved parking lot
on his property at the above address. The PC reviewed Mr. McGoldrick's request at their meeting of
May 26, 1999, and recommended approval of the site plan subject to Mr. McGoldrick's providing the
City an approved landscaping plan, as well as a plan to drain the water from the area underneath his
loading dock. Adoption of the Consent Agenda approved site plan approval for the construction of a
parking lot at 5110 130th Street subject to Mr. McGoldrick providing a revised drainage and landscaping
plan for approval by the City Engineer.
FIRE HALL OFFICE FURNITURE
The Council reviewed a memorandum from Dean White, secretary of the Hugo FD, recommending that
the City purchase office furniture for the Fire Hall from Office Furniture Specialists, in the amount of
$9,062.77. The budget includes $10,000 as part of the Fire Hall construction project for office
furnishings. After review of the proposals, Councilman Haas made the following motion:
Haas made motion, Barnes seconded, that vendors be provided the same specifications in the bid process
for office furniture.
All aye. Motion Carried.
AUTO RECYCLING LICENSE (SCHUMANN)
David J. Schumann, DBA D.J.'s Auto, 7630 137th Street, applied for a license to conduct automobile
dismantling on his property at the above address. The property is subject to a SUP dated October 19,
1992, allowing an automobile dismantling and repair business on the property. The applicant was last
issued a license to operate an automobile dismantling facility of May 4, 1998. Staff recommended
approval of the license subject to the nine (9) conditions. Councilman Haas questioned the fact that Mr.
Schumann's license had expired, and had not renewed it in a timely manner. Mr. Schumann had been
notified six to eight weeks prior to expiration of his need to renew the license.
Haas made motion, Stoltzman seconded, to approved the Automobile Dismantling License for David
Schumann DBA D.J.'s Auto, 7630 137th Street, subject to special conditions.
All aye. Motion Carried.
SPECIAL USE PERMIT (HORTON)
The Council considered a SUP to be issued to Norman C. Horton, Sr., for operation of an automobile
dismantling facility at 16705 and 16813 Forest Boulevard. The permit was prepared by City staff in
negotiations with Mr Horton's attorney. Staff recommended that Mr. Horton post a bond in the amount
City Council meeting of June 7, 1999
Page 3
of $25,000, for a period of at least one year beyond the biannual review date of the permit, to guarantee
performance under the permit. Stoltzman requested that the following be added to Item 14: Treatment
to stormwater runoff shall comply with all applicable laws. Item #35 shall state the bond amount to be
$$25,000.
Leroux made motion, Barnes seconded, to approve the SUP for Norman C. Horton, Sr., for operation of
an automobile dismantling facility at 16705 and 16813 Forest Boulevard, subject to special conditions.
All aye. Motion Carried.
FINDINGS OF FACT (RIVER CITY ASPHALT)
The Council considered Findings of Fact, prepared by the David Snyder, regarding the City's denial of a
SUP for River City Asphalt and the Jackson family to operate a hot -mix asphalt plant on the Jacksons'
property. Council member Barnes requested that a change be made to Item #17, by changing "stock
piling" to facilities in the Findings.
Barnes made motion, Leroux seconded, to approve the Findings of Fact outlining denial of a SUP for
River City Asphalt, as amended.
All aye. Motion Carried.
PUBLIC EASEMENT ENCROACHMENT PERMIT (WANDSCHNEIDER)
The Council considered a request by Greg and Robin Wandschneider, 6201 Egg Lake Road, to allow
them to build a 3 -season porch that would encroach six feet into the drainage and utility easement located
on the south side of their property. This easement was provided to the City as part of the Hugo
Meadows subdivision as a buffer area between the residences and the DNR wetland located along the
south edge of the property. Given the slope of the property, and the distance from the established
wetlands, construction of the porch as proposed would not block the flow of stormwater or pose a flood
hazard. Staff recommended permitting the encroachment as requested.
Leroux made motion, Haas seconded, to approve a six-foot encroachment permit for 6201 Egg Lake
Road, to allow construction of a 3 -season porch.
All aye. Motion Carried.
SPECIAL USE PERMIT (THOMMES AND THOMAS)
Thommes and Thomas Landclearing, 5728 165th Street, requested renewal of their SUP to process,
store, and recycle tree waste on their property at the above address. The PC received a letter from the
DNR instructing the City not to issue large-scale burning permits in the community. Based on this
direction, the PC, at their meeting of May 26, 1999, recommended that Thommes and Thomas
Landclearing be allowed a 90 -day extension of the SUP to allow them time to determine a way to dispose
wood on the property. During the 90 -day period, Thommes and Thomas is not allowed to add to
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Page 4
stockpiles on the property or conduct burning not approved by the City's Fire Marshal.
Barnes made motion to add Item #20 to the existing SUP, as follows: The 19 previous conditions
notwithstanding, this SUP shall be extended until September 7, 1999, with the added stipulations that:
a) only recyclable materials be imported and allowed to accumulate on the site; b) all burning be with the
concurrence of the City's Fire Marshal and the DNR; and c) the applicant shall develop a plan for wood
disposal for the material presently stored on-site.
Motion failed for lack of second.
Stoltzman made motion, Leroux seconded, to grant a 90 -day extension of the Thommes and Thomas
Landclearing SUP subject to the following: no additional burning be allowed, and approval to bring in
recyclable materials only (no brush).
VOTING AYE: Haas, Leroux, Petryk, Stoltzman
VOTING NAY: Debra Barnes
Motion Carried.
SPECIAL USE PERMIT (OLSEN)
John Olsen, 14728 Irish Avenue, requested to renew his SUP to process and store firewood on his
property at the above address. The PC received a letter from the City's Fire Chief stating that the DNR
would allow Mr. Olsen to continue small-scale burning on the property for an additional year. The PC, at
their meeting of May 26, 1999, then recommended approval of the SUP for one year in accordance with
its existing standards and conditions.
Barnes made motion, Haas seconded, to approve renewal of the SUP for John Olsen, 147288 Irish
Avenue, to process and store firewood on his property, for a one-year period, in accordance with its
conditions.
All aye. Motion Carried.
SITE PLAN APPROVAL (MOGREN)
Chris Mogren, 7310 132nd Street, applied to construct a 152' x 60' pole building on his property at the
above address, to house landscaping equipment and farm supplies. Construction of the desired -sized
building is a permitted accessory use in an agricultural district when used to store farm supplies. The use
of the building for commercial and industrial purposes is prohibited. The PC considered Mr. Mogren's
request at their meeting of May 26, 1999, and recommended denial of the site plan approval as use of the
building for the storage of landscaping equipment used in the operation of Mr. Mogren's business is not a
permitted use in the City's agriculture zoning district.
Barnes made motion, Haas seconded, to deny the request of Chris Mogren, 7310 132nd Street, for site
plan approval to construct a 60' x 152' pole building to house landscaping equipment and farm supplies.
Denial is based on City ordinance prohibiting use of the building for commercial or industrial purposes.
All aye. Motion Carried.
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Page 5
MINOR SUBDIVISION (SPARROW CREST)
Mr. Dan Sparrow, 14600 Geneva Avenue, requested to subdivide 2.23 acres into three lots for single
family homes to be known as Sparrow Crest. The property is generally located on the northeast corner
of Egg Lake. The PC considered Mr. Sparrow's request at their meeting of May 26, 1999, and
recommended approval of the subdivision as conditioned in the PC's Findings of Fact and
Recommendations. A new survey was provided to the Council showing that lots created meet the
minimum setback requirements from the lake, as well as the ordinary high water level indicating the 100'
high water mark.
Barnes made motion, Leroux seconded, to approve the preliminary plat for Sparrow Crest to subdivide
2.23 acres into three lots for single family homes.
All aye. Motion Carried.
PUBLIC EWPROVEMENT ACCEPTANCE (SWEET GRASS MEADOWS I)
The Council considered a letter from the City Engineer recommending that the City accept for operation
the public improvements constructed as part of the Sweet Grass Meadows 1 st Addition. Acceptance of
the public improvements for City operation would allow release of Certificates of Occupancy and building
permits for the subdivision, but would not begin the warranty period for the project.
Leroux made motion, Petryk, approving acceptance of the public improvements for Sweet Grass
Meadows Phase 1, as recommended by the City Engineer. Acceptance of the improvements allows
release of Certificates of Occupancy and building permits for the subdivision.
All aye. Motion Carried.
AMENDMENT TO LAW ENFORCEMENT CONTRACT
The Council considered an amendment to the City's 1999 Law Enforcement Contract with the
Washington County Sheriff's Office, stating that the City will pay for those costs associated with the
hiring of a fourth officer to patrol Hugo that are not covered by the Federal Cops Agreement. There was
disagreement with a previous motion regarding whether the City has authorized hiring of a fourth deputy.
Mayor Stotlzman stated that his discussion with Sheriff Frank indicated that the City might not get grant
approval if an additional deputy is added now.
Stoltzman made motion, Barnes seconded, to table this matter until the meeting of June 21, 1999.
All aye. Motion Carried.
PUBLIC HEARING (MINNEGASCO FRANCHISE)
A public hearing was held to consider adoption of a proposed ordinance granting Minnegasco a non-
exclusive franchise to construct, operate, and maintain facilities and equipment for the transportation,
City Council meeting of June 7. 1999
Page 6
distribution, manufacture, and sale of gas energy in this City. The hearing was opened with Mr. Arnie
Hendrickson of Minnegasco stating why the City should approve the ordinance. John Werdish and Mike
Mayerchak of NSP answered with reasons why the City should deny the ordinance and stay with NSP.
John Peterson, president of Oakwood Land Development, stated that although both firms were reputable,
he would choose NSP to service his developments. The hearing was then closed, and the Council then
discussed the issue agreeing that duplication of service was not in City's best interest. Councilman Haas
questioned who was responsible for legal costs to draft the ordinance.
Stoltzman made motion, Haas seconded, to deny adoption of a proposed ordinance granting Minnegasco
a non-exclusive fi-anchise to operate within the City of Hugo, based on unnecessary duplication of
services.
All aye. Motion Carried.
PUBLIC EUPROVEMENT PETITION (GREENE AVENUE)
The Council considered a petition signed by owners of not less than 35% in frontage of the real property
abutting Greene Avenue, north of Oneka Lake Blvd., requesting that Greene Avenue be improved by the
construction of curb, gutter, bituminous surfacing, and storm sewer, pursuant to MS 429. If the City
Council desired to consider the making of such improvements, staff recommended that the City Engineer
be directed to prepare a feasibility report and cost estimate for the construction of such improvements
and schedule a public improvement hearing on or after July 6, 1999.
Leroux made motion, Barnes seconded, to accept the petition from homeowners along Greene Avenue,
and authorize the City Engineer to prepare a feasibility report and cost estimate for the construction of
such improvements, and schedule a public improvement hearing for July 6, 1999.
Tom Raster, property owner on Greene Avenue, voiced his disapproval of the project stating he had no
need for curb and gutters and would gain no benefit. Councilman Haas was concerned that the City
would expend $3,000 for a feasibility study for a project that would be opposed by property owners.
Leroux and Barnes withdrew their motion.
Petryk made motion, Haas seconded, to table action on the petition until the meeting of June 21, 1999,
pending the City Engineer re-examining the need for a 24' rural section to determine if ditches would be
mandatory for drainage.
VOTING AYE: Barnes, Haas, Leroux, Petryk
VOTING NAY: Stoltzman
Motion Carried.
BALD EAGLE INDUSTRIAL PARK (SCOPE OF WORK)
Andi Moffatt of WSB reviewed with the Council the scope of work to determine the feasibility of
mitigating the wetlands present in the Bald Eagle Industrial Park 2nd Addition.
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Barnes made motion, Haas seconded, to accept the proposal to prepare a Water Management Plan for the
Bald Eagle Industrial Park in the amount of $15,980, with the stipulation not to exceed $8,000 to
complete Tasks 1 and 2, and WSB to obtain authorization to move ahead with Tasks 3 and 4.
All aye. Motion Carried.
INTERIM ORDINANCE
The Council discussed at length implementing a moratorium for residential subdivisions, and what was
needed, legally, to make it happen. There was some disagreement as to whether a moratorium was
needed to control growth, or if there were other measures that would regulate development.
Petryk made motion, Haas seconded, to schedule a public hearing for Tuesday, July 6, 1999, at 7:05 pm,
to consider adoption of an ordinance establishing a 365 -day moratorium on residential subdivisions within
the City.
VOTING AYE: Haas, Petryk, Stoltzman
VOTING NAY: Barnes and Leroux
Motion Carried.
LIQUOR ORDINANCE VIOLATION (CARPENTER'S)
The City of Hugo received a complaint from the Washington County Sheriffs Office that a bartender
working at Carpenter's Steakhouse sold alcohol to a person under the age required to purchase alcohol.
The City Attorney has filed a formal complaint in District Court seeking a fine for the offense. As the
sale of alcohol to underage persons is also a violation of the City's liquor ordinance, the Council may
wish to consider additional under the City's civil penalties policy. Because this was the first such problem
that the City has had with this establishment:
Leroux made motion, Barnes seconded, directing staff contact the license holder to negotiate a
Settlement Agreement based on previous practice of the City.
All aye. Motion Carried.
EXECUTIVE SESSION
Leroux made motion, Stoltzman seconded, that the Council enter into executive session to discuss matters of
litigation between the City and the Jackson family.
All aye. Motion Carried.
Stoltzman made motion, Haas seconded, to reconvene from closed session and recess tonight's meeting at 11:00 pm
until June 8, 1999 at 7:00 pm.
1 ave. Motion Carried. -
Mary reager, Clerk /