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HomeMy WebLinkAbout1999.08.02 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF AUGUST 2. 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 representative, Dave Snyder City Engineer, Tom Angus City Clerk, Mary Ann Creager ADDITIONS TO AGENDA Draft letter to Doug Fischer (Barnes) Discussion of acquisition of well field property Leroux made motion, Barnes seconded, to approve the following Consent Agenda: City Council minutes for the closed session of July 26, 1999 Claims for August 2, 1999 One Day Beer License (St. John's Church) Final Payment (Fenway Avenue Street Lighting) Fire Department Radio Base Station Fire Department Storage Lockers Comprehensive Stormwater Management Letter Conditional Use Permit (Rick's Liquor) All aye. Motion Carried. Barnes made motion, Stoltzman seconded, to approve the minutes for the City Council meeting of July 19, 1999, as amended. All aye. Motion Carried. Stoltzman made motion, Petryk seconded, to approve the minutes for the City Council meeting of July 26, 1999, as amended. All aye. Motion Carried. ONE DAY BEER LICENSE (ST. JOHN'S CHURCH) St. John the Baptist Church, 14383 Forest Blvd, applied for a permit to sell beer.during their annual Fall Festival to be held on August 22, 1999. Adoption of the Consent Agenda approve the permit subject to the Church providing adequate proof of liquor liability insurance. FINAL PAYMENT FENWAY AVENUE STREET LIGHTING NSP has requested payment for street lights installed during construction of Fenway Avenue, between 140th Street and 142nd Street. Work has been completed, and the bill is in accordance with the Agreement between the City and NSP. Adoption of the Consent Agenda approved payment of $37,83: City Council meeting of August 2, 1999 Page 2 to NSP for construction of the street lights. FIRE DEPARTMENT RADIO BASE STATION The City Council previously received a request from the Fire Chief to purchase a new MCS2000 Model 2 -base radio station with an antenna for use in the Fire Hall. This unit will replace the current older unit which will be used in one of the City's fire trucks. Adoption of the Consent Agenda approved purchase of a radio base station in the amount of $4,676.88. FIRE DEPARTMENT STORAGE LOCKERS The City Council previously received a request from the Fire Chief to purchase 25 lockers for the storage of individual storage of turnout gear for use in the Fire Hall. The lockers would be purchased from Gear Good, Inc., of Forest Lake, at a cost not to exceed $5,000. Adoption of the Consent Agenda approved purchase of the lockers. COMPREHENSIVE STORMWATER MANAGEMENT PLAN LETTER Based on Council direction, the City Administrator prepared a letter to the RCWD withdrawing the City's application for approval of its Comprehensive Stormwater Management Plan to allow time to review the Plan, given additional information available on the as -built conditions for JD2 and the City's recently -approved land use plan. Adoption of the Consent Agenda approve sending the letter as proposed. CONDITIONAL USE PERWr (RICK'S LIOUORI Rick and Kelly Lindstrom, 50220 Fairfield Avenue, Rush City, applied for a Conditional Use Permit to operate a 4,800 sq ft liquor store on Lot 3, Block 1, Bald Eagle Industrial Park 2nd Addition. This matter was considered by the PC at their meeting of July 28, 1999, at which time they determined a conditional use permit was not necessary to operate a retail liquor store in the City's residential service zoning district. Adoption of the Consent Agenda approved the PC's finding. FINDINGS OF FACT (EAGLE VIEW MEADOWS) The Council reviewed the Findings of Fact prepared by the City Attorney documenting the City Council's approval of the PUD known as Eagle View Meadows. Because the Council wanted additional issues included in the Findings: Haas made motion, Petryk seconded, to table this matter until the Council meeting of August 16, 1999. All aye. Motion Carried. FINDINGS OF FACT (DEER PARK ESTATES) The Council reviewed the Findings of Fact prepared by the City Administrator regarding the Council's City Council meeting of August 2, 1999 Page 3 approval of the PUD known as Deer Park Estates. Dave Schumann, developer of the property, stated his concerns with the Findings as presented. Barnes made motion, Leroux seconded, to approve the Findings of Fact and Recommendations for Deer Park Estates as amended. Barnes made motion, Haas seconded, to amend the previous motion to add Condition 16: The auto repair business shall be gone 120 days after filing of the plat at Washington County. VOTE ON AMENDMENT: All aye. Motion Carried. VOTE ON ORIGINAL MOTION: All aye. Motion Carried. 1999 GRAVEL BIDS The City Administrator provided a report on bids received for the City's 1999 road -graveling project. The Administrator recommended letting the contract to the low bidder, Forest Lake Contracting, in the amount of $5.10/ton, for a total project cost of $99,960. Mayor Stoltzman questioned if specifications for the bid had been changed. The Administrator stated that the bid was identical to those used for past six to seven years. Barnes made motion, Stotlzman seconded, to award the 1999 gravel contract to low bidder, Forest Lake Contracting, in the amount of $5.10/ton. All aye. Motion Carried. CONDITIONAL USE PERMIT (MOGREN) Mr. Chris Mogren, 6006 25th Circle, Oakdale, MN, has applied for a Conditional Use Permit to construct and operate a wholesale nursery supply and landscaping business on his property at 7310 132nd Street. The PC conducted a public hearing on this request at their meeting of July 28, 1999, at which time they recommended denial of the permit as the operation of a landscaping business is not a permitted principal, accessory, or conditional use in the rural residential zoning district. Mr. Mogren requested that a decision on his request be tabled until a later meeting. Because the proposed business would be located on Council member Barnes' road, and she would not be at the regular meeting of August 16, 1999: Stoltzman made motion, Petryk seconded, to table until the Council meeting of September 7, 1999. VOTING AYE: Haas, Leroux, Petryk, Stoltzman VOTING NAY: Debra Barnes Motion Carried. CONDITIONAL USE PERMIT (WAGNER) Johnson Wholesale Florists, 2582 Long Lake Road, Roseville, MN, and Wagner Greenhouses, 6024 Penn Avenue South, applied for an amended Conditional Use Permit and site plan approval to construct City Council meeting of August 2, 1999 Page 3 additional greenhouses and a future retail garden center. The site consists of approximately 40 acres located at 4860 Frenchman Road. The PC conducted a public hearing on this request at their meeting of July 28, 1999, at which time they recommended denial of the permit as the operation of a wholesale nursery is not a permitted principal, accessory, or conditional use in the general business zoning district. The applicant subsequently requested that the CUP application be withdrawn. Barnes made motion, Stoltzman seconded, to accept the applicant's request to have the application withdrawn for consideration. All aye. Motion Carried. REPORT OF CITY'S FINANCIAL STATEMENT Mr. Payette, partner with the certified public accounting firm of Boyum and Barenscheer PLLP, was present to report on the City's financial statement for 1998. Leroux made motion, Barnes seconded, to accept the 1998 audit report, as presented. All aye. Motion Carried. HARDWOOD CREEK TRAIL PARIQNG PLAN Mr. Jim Luger, park planner for Washington County, was present to discuss two proposed options for providing parking for the Hardwood Creek trail. A parking area is planned for the "street" located south of the Hugo Feed Mill, for 18 spaces; the second being the area adjacent to the Youth Center located on 170th Street, with 30 spaces. Both parking areas would remain gravel until the County determines if any changes would be necessary. Council member Petryk requested that Mr. Luger appear before the Parks Commission to discuss this matter with them. Both Council members, Barnes and Haas, felt that the trail should be connected by pavement to the parking area on 170th Street, as well as the County providing some kind of landscape plan for the downtown parking area. Barnes made motion, Petryk seconded, to table this matter until August 16, 1999 to allow time for Mr. Luger to meet with the Parks Commission. The Commission will then relay information to the Council, who will then request preparation of a CUP for their review. All aye. Motion Carried. MORATORIUM ORDINANCE (PUBLIC HEARING) A public hearing was held to consider adoption of an interim ordinance protecting the planning process and health, safety, and welfare of City residents by establishing a temporary development moratorium on residential development within the MUSA. Noreen Meyer, concerned about drainage, was in favor of the moratorium. Cindy Petty, resident of Country Ponds, was in favor of the moratorium because of her concern about adequate water pressure, traffic, and influx of children into the school system. City Council meeting of August 2, 1999 Page 5 Kathy Marier supported the moratorium because of increase in traffic on TH61, and inquired about additional police protection because of all the new homes. Don Maietta, realtor, stated that because other communities lacked developable land in the MUSA, the need for additional housing in the Hugo. He offered his assistance to help resolve the problems without a moratorium. Forrest Harstad, developer, suggested the City "out source" additional staffing needed because of the volume of new housing. Warren Arcand, opposed to the moratorium, represented property owners who would be negatively impacted by the moratorium, and their loss of rights. Frank Puleo felt a moratorium would not be needed, as the City Engineer has to certify that any subdivision has adequate water pressure before the City can approve. It was also his opinion that a moratorium would put development pressures on Hugo's "rural" area, where it is not wanted. The public hearing was closed for Council discussion. Mayor Stoltzman stated reasons why he supported the moratorium, touching on traffic, water, parks, and consideration of existing residents of the City. Council member Petryk concurred stating further that this Council has to consider the impact of development on future generations, making it important to do it "right" now. Councilman Leroux voiced reasons for his objection to the moratorium calling it a "cop out", because the Council has the right to say no to any development not meeting City standards. He also felt it important that everyone's rights be protected. Council member Barnes felt that a moratorium is a legal infringement on property owner's rights, and that the City conduct fewer studies and make more decisions. Stotlzman made motion, Petryk seconded, to adopt ORDINANCE 1999-334, AN INTERIM ORDINANCE PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY AND WELFARE OF CITY RESIDENTS, AND ESTABLISHING A TEMPORARY DEVELOPMENT MORATORIUM OF RESIDENTIAL DEVELOPMENT WITHIN THE MUSA. VOTING AYE: Haas, Petryk, Stoltzman VOTING NAY: Barnes and Leroux Motion Carried. Because it was unclear whether a simple majority or 4/5's vote was required to pass the ordinance, the City Attorney will research the voting requirements. GREENE AVENUE STREET U"ROVEMENT PROJECT The City received responses from four of the five property owners along Greene Avenue, who the City requested waive their right to appeal the proposed assessment for improvement of Greene Avenue. Three property owners signed the Agreement of Assessment and Waiver of Irregularity and Appeal, one owner ignored the request, and one owner suggested agreement should certain conditions be met. The City Engineer will need to more clearly define the proposed road location, and its physical feature impact, to residents. Depending on the number of property owners agreeing to the assessment waiver. the City may be financially responsible for $18,000 of the project's cost. Stoltzman made motion, Petryk seconded, that the City proceed with the improvement of Greene Avenue, north of Oneka Lake Boulevard, to an urban standard street, subject to Tom and Janis Raster City Council meeting of August 2, 1999 Page 6 signing the Waiver of Assessment and Appeal, and assure that alignment of street avoids minimal damage to trees on the east side of the street. VOTING AYE: Haas, Petryk, Stoltzman VOTING NAY: Barnes, Leroux Motion Carried. Haas made motion, Leroux seconded, that if the road cannot be constructed in accordance with the above motion, that the City Engineer proceed with improvement of Greene Avenue, with the west side constructed to an urban standard and east side to a rural standard. All aye. Motion Carried. DRAFT LETTER Haas made motion, Leroux seconded, to send the letter to Doug Fischer, Washington County Engineer, requesting the County contribute financially to the improvements being made to the intersection of 140th Street and TH61, as the Council has indicated an intent in rerouting CSAH8 to this intersection. All aye. Motion Carried. WELL FIELD SELECTION PROCESS Leroux made motion, Haas seconded, directing staff to obtain an appraisal for a potential site for the well field. All aye. Motion Carried. PERSONNEL POLICY AMENDMENT Based on Council discussion on July 6, 1999, the City Administrator prepared revised language to the City's Personnel Policy to allow regular, full-time employees of the City to choose to take a cash payment in lieu of receiving health insurance benefits from the City. Petryk made motion, Haas seconded, to approve the Personnel Policy Amendment, and allow the City Clerk to a cash payment in lieu of receiving health benefits, retroactive to January 1, 1999. All aye. Motion Carried. Stoltzman made motion, Petryk seconded, to recess tonight's meeting at 11:00 p.m. until Monday, August 9, 1999, at 7:00 p.m. All aye. Motion Carried. Mary;Creager, City Cler