HomeMy WebLinkAbout1999.09.07 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF SEPTEMBER 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, Dave Snyder
City Engineer, Tom Angus
City Clerk, Mary Ann Creager
CONSENT AGENDA
Barnes made motion, Haas seconded, to approve the following Consent Agenda:
City Council minutes for August 16, 1999 (NOTE: Barnes abstained from voting on these minutes as
she was absent.)
City Council minutes for August 30, 1999
Claims for September 7, 1999
Charitable Gambling License (West Suburban Junior Kodiak Hockey)
Fire Department (Computer Purchase)
Fire Hall Furnishings
All aye. Motion Carried.
CHARITABLE GAMBLING LICENSE (WEST SUBURBAN JUNIOR KODIAK HOCKEY)
Mr. James Thompson, representing West Suburban Junior Kodiak Hockey, requested a charitable
gambling license to sell pulltabs at The End Zone, 13891 Forest Blvd. Adoption of the Consent Agenda
approved issuing the license, as requested, and waiver of the 30 -day waiting period.
FIRE DEPARTMENT (COMPUTER PURCHASE)
The Council considered a request from the Fire Chief to purchase three computers for the Fire
Department utilizing funds budgeted in 1999 for the purchase of computer software. The Chief felt that
the additional computers are necessary to handle the increasing data processing needs of the
Department. Adoption of the Consent Agenda approved the Fire Department's purchase of three
computers at a cost of $3,491.
FIRE HALL FURNISHINGS
The Council considered a memorandum from the City Administrator with a recommendation for the
purchase of office furniture for the Fire Department in the amount of $9,700. Adoption of the Consent
Agenda approved the purchase, as recommended.
PIPE AND CABLE LOCATOR
Chris Petree, Maintenance Supervisor, requested to purchase a cable locator to help identify buried
public facilities in response to location requests, and to aid in repair and maintenance. He recommended
City Council meeting of September 7, 1999
Page 2
purchase a locator from Davies Water Equipment in the amount of $2,650 with funds from the water
utility fund. There would be no additional City liability for providing this service.
Haas made motion, Petryk seconded, to authorize purchase of a Metrotech 9860 dual frequency pipe
and cable location from Davies Water Equipment, in the amount of $2,650.
All aye. Motion Carried.
PUBLIC HEARING (NOISE ORDINANCE)
A public hearing was held to consider the adoption of a proposed ordinance establishing Chapter 195
regulating noise of construction -related activity. The hearing was open, and there were no oral or
written comments. The Council discussed this matter, and agreed that the City should not regulate such
activities, but rather encouraged communication between parties to remedy the nuisance.
Stoltzman made motion, Leroux seconded, not to adopt the proposed ordinance establishing Chapter
195 regulating noise of construction -related activity.
All aye. Motion Carried.
TRUTH IN TAXATION RESOLUTION
The Council considered a proposed resolution setting the City's maximum tax levy for the year 2000.
The number included in the resolution is the maximum allowed by law, and may be lowered by future
Council action, but not increased.
Barnes made motion, Leroux seconded, to adopt RESOLUTION 1999-14, A RESOLUTION
APPROVING PAYABLE 2000 PRELIMINARY LEVY CERTIFICATION.
VOTING AYE: Barnes, Haas, Leroux, Stoltzman
VOTING NAY: Becky Petryk
Motion Carried.
WENZEL FARMS PUD
The Council considered for approval the PUD Permit for the subdivision to be known as Wenzel Farms.
Mayor Stoltzman expressed concern with the variance requests for setback to Clearwater Creek.
Haas made motion, Barnes seconded, to approve the PUD Permit for the subdivision knows as
WENZEL FARMS, as amended.
VOTING AYE; Barnes, Haas, Leroux
VOTING NAY: Petryk and Stoltzman
Motion Carried.
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WENZEL FARMS PHASE I (PRELE UNARY PLAT)
The Council considered the Findings of Fact and Conditions of Preliminary Plat Approval for Wenzel
Farms, Phase 1.
Haas made motion, Barnes seconded, to approve the Findings of Fact and Conditions of Preliminary Plat
Approval of Wenzel Farms, Phase 1, as amended.
VOTING AYE: Barnes, Haas, Leroux, Petryk
VOTING NAY: Walter Stoltzman
Motion Carried.
SPECIAL USE PERMIT (MOGREN)
At the request of the applicant, consideration of a proposed Conditional Use Permit requested by Mr.
Chris Mogren, 6006 25th Circle Court, Oakdale, for his property located at 7310 132nd Street was
tabled until this evening's meeting. 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.
The City received a letter from a neighboring resident stating opposition to the business.
Haas made motion, Barnes seconded, to deny the request of Chris Mogren for a Conditional Use Permit
to operate a nursery/landscaping business on his property at 7310 132nd Street, as the operation is not a
permitted principal, accessory, or conditional use in the rural residential zoning district.
VOTING AYE: Barnes, Haas, Leroux, Stoltzman
VOTING NAY: Petryk
Motion Carried.
PURCHASE AGREEMENT (NOR LAKES)
The Council considered a draft Purchase Agreement between the City of Hugo and Nor -Lakes, Inc., for
the sale of Lot 3, Block 1, BEIP 3rd Addition to Nor -Lakes, at a cost of $529,459.
Haas made motion, Leroux seconded, to approve the Purchase Agreement between the City of Hugo
and Nor -Lakes, Inc., for the sale of Lot 3, Block 1, BEIP 3rd Addition, at a cost of $529,459.
All aye. Motion Carried.
SITE PLAN APPROVAL/VARIANCE (NOR -LAKES)
The Council considered a request from Nor -Lakes Services Midwest, Inc., for site plan approval to
construct a 73,699 sq ft officelmanufacturing building on Lot 3, Block 1, BEEP 3rd Addition. Their
request includes variances to the rear building setback, driveway location, and number of parking spaces
required for the building. The variance requests were considered by the Board of Adjustments at their
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Page 4
meeting of August 25, 1999, at which time they recommended approval of the variances as requested.
The site plan was reviewed by the PC at their meeting of August 25, 1999, at which time they
recommended approval of the site plan subject to the special conditions. Jim Kellison, developer and
Planning Commission member, described the building design and layout to the Council. He stated that
the Burlington Northern and Minnesota Commercial railroads had no objection to the design plan of the
project. The Council also requested they be provided a copy of the landscaping plan when completed.
Barnes made motion, Petryk seconded, to approve the site plan for Nor -Lakes, Inc., to construct a
73,699 sq ft officelmanufacturing facility on Lot 3, Block 1, BEIP 3rd Addition. Approval is also given
for variances to the rear building setback, driveway location, and number of parking spaces required.
Approval is subject to the following conditions:
1. Parapets will be placed to screen rooftop equipment from ground and street views.
2. All trash handling materials and loading areas shall be fenced with materials consistent with
the exterior facing materials of the principal building.
3. A revised landscaping plan, utilizing the perimeter calculations, shall be submitted and
approved by the City, identifying adequate screening around the perimeter of the site and building.
4. Exterior lighting shall be directed omthe site and away from adjacent properties and roadways.
5. Receipt of letter from the Burlington Northern/Minnesota Commercial railroads stating no objection
to the variance requests.
All aye. Motion Carried.
BALD EAGLE INDUSTRIAL PARK 3RD ADDITION
The Council considered a proposed plat of Outlot A, BEIP 2nd Addition, into five (5) lots and one
outlot to be known as BEIP 3rd Addition. The property consists of 31.99 acres, and generally lies south
of 140th Street, between Fenway Blvd and Forest Blvd. The proposed plat was subject to a public
hearing before the PC at their meeting of August 25, 1999 at which time they recommended approval of
the plat.
Barnes made motion, Leroux seconded, to approve the final plat for BEEP, 3RD ADDITION.
All aye. Motion Carried.
FENWAY BLVD COURT IMPROVEMENT PROJECT
A cul-de-sac is proposed as part of the development of BEEP 3rd Addition to serve Lots 2, 3, 4, and 5.
The City Engineer has estimated the cost of constructing this improvement to be $130,000, with funding
from the BEEP tax increment financing fund. In order to construct the cul-de-sac this year, staff
recommended the Council direct the City Engineer to prepare plans and specs for the improvement to be
considered for Council approval on September 20, 1999.
Leroux made motion, Barnes seconded, directing the City Engineer to prepare plans and specs for
construction of a cul-de-sac, to be known as Fenway Blvd Court, to serve Lots 2, 3, 4, and 5, BEIP 3rd
Addition. All aye. Motion Carried.
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DAMAGE CLAIM (NADEAU'S)
The Council considered a letter from Dan and Patsy Nadeau, 14197 Finale Avenue, regarding a claim
they submitted to the City's insurance carrier for damages they suffered from a sewer backup. On June
14, 1999, sewage backed up in the Nadeaus' basement after the lift station, located at the intersection of
140th Street and Finale Avenue failed, probably due to damages suffered from a lightening strike. The
insurance company has agreed to reimburse the Nadeaus for all cleanup costs associated with the
sewage backup, and has agreed to pay slightly more than half of the damage to personal property
claimed by the Nadeaus. The Nadeaus feel that the City should reimburse them in full for the losses they
have identified. Generally, the City relies on its insurance carrier to make the determination on fair value
of losses. Because of concern of setting a precedent, and the Nadeaus had not filed a claim with their
own Insurance earner:
Haas made motion, Leroux seconded, to table the Nadeaus' request to allow them time to file a claim
with their own insurance company to determine benefits.
All aye. Motion Carried.
STORMWATER UTILITY ORDINANCE
On August 16, 1999, the Council conducted a public hearing on a proposed ordinance to establish a
stonmwater utility for the City of Hugo; further consideration of the ordinance was tabled until this
evening's meeting. Mayor Stotlzman did not feel that the proposed ordinance was broad enough, and
placed a financial hardship on farmers. Council member Petryk felt that land use should be considered,
rather than just including property located in the MUSA. Councilman Leroux did not feel the fee for
agricultural land was a fair representation of actual runoff from ag land.
Barnes made motion, Haas seconded, to adopt ORDINANCE 1999-335, AN ORDINANCE
ESTABLISHING CHAPTER 275 OF THE HUGO CITY CODE CREATING A STORM WATER
UTILITY FEE SYSTEM.
Barnes made motion, Haas seconded, to amend the previous motion that the ordinance be adopted but
defer establishment of the basic system rate until such time as the City's moratorium is lifted.
VOTE ON AMENDMENT:
VOTING AYE: Barnes, Haas, Leroux, Stotlzman
VOTING NAY: Becky Petryk
Motion Carried.
VOTE ON ORIGINAL MOTION:
VOTING AYE: Barnes, Haas, Leroux
VOTING NAY: Petryk and Stoltzman
Motion Carried.
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OFF SALE LIQUOR LICENSE/CIGARETTE LICENSE (RICK'S LIQUOR)
KayRick Corporation, dba Rick's Liquor, 50348 Fairfield Avenue, Rush City, MN., requested an off
sale intoxicating liquor license in order to operate a retail liquor store on Lot 3, Block 1, BEIP 2nd
Addition. A background investigation of the business, along with proof of insurance, was provided to
the Council for their review. The City Clerk recommended approval of the off sale liquor license and
cigarette license subject to proof of adequate liquor liability insurance.
Leroux made motion, Barnes seconded, to approve issuance of an off -sale intoxicating liquor license and
cigarette license to KayRick Corporation, dba Rick's Liquor, on Lot 3, Block 1, BEIP 2nd Addition,
subject to adequate liquor liability insurance.
All aye. Motion Carried.
PARKS COMMISSION WORKSHOP
The Parks Commission requested to meet with the Council to discuss the Parks Commission strategic
plan.
Barnes made motion, Leroux seconded, that the Parks Commission meeting before the Council at their
special meeting of September 15, 1999, at 7:00 pm.
All aye. Motion Carried.
Stotlzman made motion, Petryk seconded, to recess tonight's meeting at 11:00 pm, until
September 15, 1999, 7:00 pm, in order to consider the City's capital expenditure priorities for the year
2000.
All aye. Motion Carried.
Mary reager
City C erk