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HomeMy WebLinkAbout1999.09.20 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF SEPTEMBER 20,1999 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, Greg Galler City Engineer, Tom Angus City Clerk, Mary Ann Creager ADDITIONS TO AGENDA Captain McGlothlin (COPS Grant Update) Engineering Services Temporary Grading Permit (Nor -Lakes) Fire Hall Dedication Washington County Field Trip (Petryk) Stoltzman made motion, Petryk seconded, to approve the following Consent Agenda: City Council minutes for September 7, 1999 Lot Line Adjustment (Pineview Meadow) Lawful Gambling Permit (Boy Scouts) All aye. Motion Carried. Haas made motion, Petryk seconded, to approve the minutes for September 15, 1999 as submitted. All aye. Motion Carried. Barnes made motion, Leroux seconded, to approve the claims for September 20, 1999 as submitted. All aye. Motion Carried. LOT LINE ADJUSTMENT (PINEVIEW MEADOWS) The Council considered an application by Semler Construction, Inc., to adjust the lot lines of Lots 9, 10. 11; and 12 of Block 2, Pineview Meadows, to better balance the townhomes being constructed on the property. Hugo City Code, Chapter 320, Section 7.19, allows the Council to authorize administrative approval of a lot line adjustment where the a4justment does not result in any lot becoming out of conformance with City regulations. Adoption of the Consent Agenda approved the request of Semler Construction to move the lot lines between Lots 9 and 10, Block 2, Pineview Meadows southwesterly by two feet, and the lot lines between Lots 11 and 12, Block 2, northwest by one foot. LAWFUL GAMBLING PERMIT BOY SCOUTS) The Indianhead Council/BSA requested a lawful gambling permit to conduct a raffle in conjunction with their annual pheasant hunt to be held October 5, 1999, at Wild Wings of Oneka, 9491 152nd Street, City Council meeting of September 20, 1999 Page 2 Hugo, MN. Adoption of the Consent Agenda approved issuance of the Lawful Gambling Permit to the Boy Scouts, and waiver of the 30 -day waiting period. CHANGE ORDER NO.5 (WIRE HALL) The Council considered Change Order No. 5, prepared by Trossen Wright Architects, for the Fire Hall construction project. This CO will change the cost of the project by $1,024.20, to a new contract price of $897,460.35. The CO reflects additional parking lot striping, the change to tempered glass windows, adding a light fixture in a restroom, and additional toilet accessories. Petryk made motion, Leroux seconded, to approve Change Order No. 5 for the Fire Hall construction project. All aye. Motion Carried. TRUNK SEWER FEE SCHEDULE The Council considered a letter from Pete Willenbring, of WSB, recommending a stormwater trunk fee payment schedule in accordance with Hugo City Code, Chapter 320, Section 7.7. This fee schedule will be applied to all new development in the community in order to pay for the cost associated with managing the stormwater from the development. The Council would like to discuss this proposal with Mr. Willenbring at their special meeting of October 7, 1999. Leroux made motion, Stoltzman seconded, to table this matter until October 7, 1999. All aye. Motion Carried. WATER SYSTEM R"ROVEMENT STUDY The Council considered a letter from the City Engineer requesting additional reimbursement, in the amount of $4,569.95, for the preparation of a plan to expand the City's water system through construction of a new well and tower. Haas made motion, Leroux seconded, to approve an additional payment of $4,569.95 for preparation of a plan for expansion of the City's water system, for a total sum of $9,569.95 for the study. Alt aye. Motion Carried. EDA PRESENTATION (DAN WILSON) Mr. Dan Wilson made a presentation to the City Council regarding the benefits of establishing a Board, separate from the City Council, to oversee the City's Economic Development Authority. City Council meeting of September 20, 1999 Page 3 CAPTAIN DON MCGLOTHLIN Captain McGlothlin stated that the City's fourth deputy will start in the City on October 1, 1999. He will provide the Council with some background information on all deputies working in the City. JOINT POWERS AGREEMENT (OLD SCHOOL PARKING LOT) At the Council meeting of August 16, 1999, the Council approved the concept of the County constructing a parking lot on the site of the old school house, for the purpose of serving the Hardwood Creek Trail constructed along Forest Blvd. The Council reviewed a draft Joint Powers Agreement, between the City of Hugo and Washington County, to allow the construction of the parking lot on City property. The Council would like to review construction plans prior to entering into the Agreement. The Administrator also felt that the City should determine curb and gutter locations for the parking sites. Leroux made motion, Barnes seconded, that a letter be sent to Tim Luger stating that the Council would like to review construction plans prior to entering into the JPA, and that the Agreement be changed to reflect that the City would likvontrol locations for the sites. All aye. Motion Carried. LIQUOR LICENSE VIOLATIONS The City Attorney identified two businesses, selling liquor in the City of Hugo, that have failed alcohol compliance checks done by the Washington County Sheriffs Office. This is the second violation of the state's minimum drinking age requirement by Ricci's. Previously, the Council authorized staff to negotiate and prepare a Stipulation Agreement, between the offending license holder and the City, for payment of a civil penalty. Barnes made motion, Leroux seconded, authorizing preparation of a Stipulation Agreement, between the Blacksmith Lounge and the City, for a first-time offense. All aye. Motion Carried. Barnes made motion, Haas seconded, that the City hold an administrative hearing for Ricci's, because of their second violation. All aye. Motion Carried. MORATORIUM WORK PLAN The Council considered a memorandum, prepared by the City Administrator, recommending a work plan to complete the studies identified in the City's moratorium ordinance. Council member Petryk felt it important that the Council participate in the selection of a professional planning firm that will assist the Planning Commission in their review of land -use issues. City Council meeting of September 20, 1999 Page 4 Stoltzman made motion, Leroux seconded, that the Council proceed with the moratorium work plan, and direct the City Administrator to contact several professional planning firms in effort to find one to work with the Planning Commission, at a cost not to exceed $5,000. VOTING AYE: Barnes, Haas, Leroux, Stoltzman VOTING NAY: Petryk Motion Carried. SIGN REQUEST (GALLIVAN) The City received a letter from Mr. Mike Gallivan, 12493 Forest Boulevard, regarding a sign advertising his business located at the above address. Mr. Gallivan would like to reconstruct the sign, which is a nonconforming use in the City's urban residential zoning district. The City's zoning ordinance does not allow the type of sign proposed as a principal, accessory, or conditional use in the urban residential zoning district. Hugo City Code, Chapter 320, Section 8.9, states, "a variance may not be granted for any use not permitted in the subject zoning district, nor shall a variance be granted instead of a required Conditional Use Permit." Staff believes that a variance or Conditional Use Permit may not be issued by the City for the type of sign requested by Mr. Gallivan in the urban residential zoning district. Hugo City Code, Chapter 320, Section 1.7, states that, "the lawful nonconforming use may not be enlarged or expanded except in compliance with the ordinance, and lawful nonconforming structures may be maintained and repaired to the extent that such maintenance or repair does not enlarge the nonconforming use, nor exceed in value 49% of its market value prior to the repairs or maintenance being undertaken." Under Hugo City Code, Chapter 320, Section 6.61(p), a sign that becomes "dilapidated, worn out, unreadable, unsafe, hazardous, or redundant", must be removed from the property. Mr. Gallivan appeared before the Council, and was informed that the only way to accomplish his request would be to rezone his property or amend the existing ordinance. Mr. Gallivan will contact the City's assessor to determine what impact rezoning would have on his taxes. 129TH STREET UTILITY EASEMENTS City staff has attempted to acquire the necessary easements to construct the proposed sanitary sewer and municipal water improvements to the area along the north side of Bald Eagle Lake. The City has been successful in obtaining easements from four property owners, and has applied to the County for an easement across a fifth parcel. The City has not been able to obtain voluntary easements from those properties owned by Robert McElmury and Glen Rehbein. Robert McElmury, owner of Bobber's, addressed the Council stating that he would like to rezone his property to allow him to be opened during the winter. If not allowed to be opened in the winter, he will sell his property to the DNR. Stoltzman made motion, Barnes, directing the City Attorney to obtain the easements required for the 129th Street improvement project, exercising the City's right of eminent domain. VOTING AYE: Barnes, Haas, Leroux, Stoltzman VOTING NAY: Petryk Motion Carried. City Council meeting of September 20, 1999 Page 5 TEMPORARY GRADING PERMIT (NOR -LAKES) Nor -Lakes would like to start grading of their property in the Bald Eagle Industrial Park because of the coming of winter. Barnes made motion, Leroux seconded, to approve a Temporary Grading Permit for Nor -Lakes to allow grading prior to final sale of property. All aye. Motion Carried. FENWAY BLVD COURT (PLANS AND SPECS) The City Engineer presented plans and specs for construction of Fenway Blvd Court in the Bald Eagle Industrial Park. Barnes made motion, Stoltzman seconded, to approve the plans and specifications construction of Fenway Blvd Court, and authorize advertisement for bids with an opening on October 15, 1999. All aye. Motion Carried. CONDITIONAL USE PERNM (HORTON) Previously, the Council determined that Mr. Norm Horton was in violation of his Conditional Use Permit for the property now being operated as ARK. Mr. Horton's attorney and City staff negotiated a CUP that Mr. Horton now refuses to sign. Barnes made motion, Leroux seconded, to schedule a public hearing for October 18, 1999, to consider rescinding the CUP for the Horton property now being operated as ARK. All aye. Motion Carried. ROAD SCREENING (ONEKA LAKE VIEW EAST) The City received a letter from North Suburban Development, Inc., objecting to the requirements recently placed upon the firm to construct additional screening at the south end of the Glenbrook Way cul-de-sac in the Oneka Lake View East subdivision. They state that they believe they will fulfill their obligation by planting seven trees on top of the existing berm at this location. Haas made motion, Barnes seconded, that a letter be sent to North Suburban Developing stating that a July 12, 1999 letter from the City Engineer was only a recommendation, and that formal Council action addressing screening requirements was taken by the Council at their meeting of August 16, 1999. All aye. Motion Carried. City Council meeting of September 20, 1999 Page 6 BUSINESS SUBSIDY CRITERIA The 1999 state legislature placed new requirements on cities wishing to provide subsidies to businesses. Cities are to establish a "business subsidy criteria', and conduct a public hearing on such criteria prior to providing business subsidy; this includes the use of tax increment financing in the Bald Eagle Industrial Park. The City Finance Director and bond consultant prepared a list of business subsidy criteria needed to be adopted prior to the City entering into a Development Agreement for the Nor -Lakes' project. Barnes made motion, Haas seconded, to adopt RESOLUTION 1999-15, A RESOLUTION CALLING FOR A PUBLIC HEARING ON OCTOBER 4, 1999 ON THE PROPOSED ADOPTION OF BUSINESS SUBSIDY CRITERIA. VOTING AYE: Barnes, Haas, Leroux, Petryk, Stoltzman Motion Carried. BUILDING DEPARTMENT SOFTWARE PURCHASE The Council considered a memorandum from the City's Finance Director recommending that the City purchase PermitWorks software from TR Systems LLC, in the amount of $6,953.68. The software is to be used by the City's building department to manage its permits, inspection, and licensing activities. It is expected that the software will assist the department to more effectively respond to building permit requests, reduce clerical requirement, and better manage information. Stotlzman made motion, Petryk seconded, authorizing the purchase of PermitWorks software from TR Systems LLC, in the amount of $6,953.68. All aye. Motion Carried. ENGINEER SERVICES Because of the dissolution of the City's engineering firm, OSM: Leroux made motion, Petryk seconded, that the City seek RFP's for engineering services. All aye. Motion Carried. FIRE HALL DEDICATION Councilman Leroux would like a City representative, involved in making the Fire Hall a reality, make a presentation at the Open House on October 2, 1999. Fire Hall Committee Chairman, Tom Bina, will be asked to make comments. FIELD TRIP Council member Petryk stated that she will be attending the Washington County field trip on September 28th. No other Council members will be attending on that date. City Council meeting of September 20, 1999 Page 7 Leroux made motion, Barnes seconded, to adjourn at 10:17 pm. All aye. Motion Carried. Mary Creager City rk