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HomeMy WebLinkAbout1998.12.21 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF DECEMBER 21.1998 The meeting was called to order by Mayor Fran Miron at 7:05 p.m. PRESENT: Arcand, Barnes, Goiffon, Leroux, Miron City Attorney, Greg Galler City Engineer, Tom Angus City Clerk, Mary Ann Creager ADDITIONS TO AGENDA Levy and Budget Resolutions Recommendation for PC Replacement Downtown Plan Committee Goiffon made motion, Leroux seconded, to approve the following Consent Agenda: City Council minutes of December 7, 1998 City Council minutes of December 14, 1998 General Claims for December 21, 1998 Minor Subdivision (Lutz) Minor Subdivision (Kramer) Stedt Claims Firefighter Relief Pension Benefit SUP Revocation Hearing (Horton) All aye. Motion Carried. MINOR SUBDIVISION (LUTZ) Vincent and Julie Lutz, 6022 Egg Lake Road, applied to subdivide 29.06 acres, located at 15118 Irish Avenue, into three parcels: two 10 acre parcels and one 9.06 acre parcel. The property is currently owned by the Duraine family, who are co -applicants in the subdivision. The Hugo PC considered this request at their meeting of December 16, 1998, and recommended approval of the subdivision with variances and conditions. Adoption of the Consent Agenda approved the subdivision, with subject to the following variances and conditions: 1. Approval of the subdivision is contingent upon a permit from the RCWD, if required. 2. Identification of minimum first -floor elevations for all lots in accordance with the City's floodplain ordinance. 3. Permit form Washington County HELM for the septic systems to be located on Parcels A &B. 4. A letter from an attorney identifying the owners of the property or other proof of ownership acceptable to the City Attorney. 5. Payment of the parkland dedication fee for two lots totaling $2,700.00 6. A variance to the lot width of Lot A to 246.4 ft; Lots B and C - 276.8 ft. The variance to lot size for Lot A to 9.06 acres. City Council meeting of December 21, 1998 Page 2 MINOR SUBDIVISION MIUMER) Greg Kramer, 13700 Keystone Avenue, applied to subdivide a 19.78 acre tract of land located at 13700 Keystone Avenue into two lots of 9.89 acres each. The property lies within the Brown's Creek Watershed District. The PC considered this request at their meeting of December 16, 1998, and recommended approval of the subdivision subject to conditions. Adoption of the Consent Agenda approved the subdivision subject to the following conditions: 1. Approval of the septic locations by Washington County HELM. 2. Driveway permits be provided for both parcels from the Washington County Highway Department for access to Keystone Avenue (CR57). 3. Identification of the lowest permitted first -floor elevation in accordance with the City's floodplain ordinance. 4. Approval of the site development plan from the BCWD, or the City's Water Resource Engineer, if the District refuses jurisdiction of the development. 5. Payment of the parkland dedication fee for one lot in the amount of $1,350. 6. Driveways shall comply with Hugo City Code, Chapter 82. FIREFIGHTER RETIREMENT BENEFITS The Council considered a memorandum from the City's Finance Director recommending that the pension benefit for volunteer firefighters be increase to $1,600 per year of service, effective January 1, 1999, in accordance with schedule 1-2 for lump -sum pension plans for reporting form year 1998, state fire aid year 1999. The firefighter pension benefit is funded from revenues the City receives from the state fire aid program. Adoption of the Consent Agenda approved the pension benefit increase as proposed by the Finance Director. SUP REVOCATION HEARING (HORTON) Mr. Norm Horton requested a delay in the scheduled hearing regarding alleged violations of the SUP for his junkyard facility, due to illness. Adoption of the Consent Agenda rescheduled the hearing until January 19, 1999, as recommended by the City Attorney. STEDT CLAIM Mr. Dean Stedt, 7416 132nd Street, has filed a claims with the City to damages done to his bean field during construction of Fenway Blvd. Mr. Stedt was growing the beans on property owned by the Jackson family, and a portion of the field was damaged during construction of the roadway. Adoption of the Consent Agenda approved the claim to Mr. Stedt subject to Mr. Stedt and the property owners signing a statement releasing the City from all other claims regarding the City's encroachment on the Jackson property during the construction of Fenway Blvd. Miron made motion, Leroux seconded, to rescind the previous Consent Adoption motion, and allow for Council discussion of this matter. All aye. Motion Carried. City Council meeting of December 21, 1998 Page 3 Mayor Miron questioned whether the City had already paid the Jackson family for taking of land, and that Mr. Stedt should be reimbursed for his loss from the Jacksons. Miron made motion, Barnes seconded, to table this matter until the meeting of December 28, 1998, to allow time to determine of the Jackson family has been compensated for their loss. All aye. Motion Carried. SUBDIVISION (DEER PARK ESTATES) Judith Rudig and David Schumann, 7630137th Street, submitted an application to subdivide two parcels of land, encompassing 34.85 acres in the City's agriculture zoning district, into seven lots and one outlot. The PC considered this request at their meeting of December 16, 1998, and recommended approval of the subdivision subject to Findings of Fact and Conditions and amended SUP. John Waller asked that the following be addressed by the Council before approval: 1) clearer identification of the Rice Lake shoreline on Lot 6; 2) timeline for termination of the junkyard and business; and 3) whether commercial business can be allowed, as ordinance states no commercial use in a residential PUD. Attorney is to draft a Development Agreement for Council review. Miron made motion, Leroux seconded, to table this matter until December 28, 1998, to allow staff to address issues and provide draft Development Agreement for Council review. All aye. Motion Carried. ASSESSMENT HEARING (129TH STREET EWPROVEMENT PROJECT) A public hearing was held to consider, and possibly adopt, a proposed assessment for the extension of municipal sanitary sewer mains and water mains along 129th Street, from the north line of Europa Trail to the east line of Elmcrest Avenue. The total amount of the proposed assessment of $144,013.28. The Council was provided a copy of the proposed assessment roll. The public hearing was opened with the following comments: Jim Kellison was in favor of the project, but did not feel his 5.5 acres could accommodate 3 hookups. His proposed assessment was $38,000.00. Gerald Miller had previously applied for a twinhome, therefore, charged two hookups. He now states that he may not be able to build a townhome because of the high water table. The City Engineer stated that the project cost would need to be redivided if the hookups are reduced. Miron made motion, Leroux seconded, directing staff to recalculate the 129th Street assessments, and table until the Council meeting of January 4, 1999. All aye. Motion Carried. City Council meeting of December 21, 1998 Page 4 PUBLIC HEARING (COMP LAND USE REGULATIONS) A public hearing was held to receive public comment on an ordinance amending the City's zoning ordinance and subdivision regulations, shoreland ordinance, floodplain ordinance, and other land -use regulations. Steve Rossini, opposed to multi -family and industrial -reserve zonings for land adjacent to Everton Avenue, presented the Council with assertions against the zoning, and petitioned for certain City Council actions. Teddy Peltier inquired if she would have to apply to subdivision to create a five -acre lot; yes was the response. John Udstuen asked why his comments were not part of City minutes; wanted a "current" proposal to review; and expressed opposition to the zoning districts. Council -elect, Becky Petryk, stated that her constituents were opposed to the urban residential zoning along Elmcrest Avenue. Mayor Miron and Attorney Galler explained the long process that the City has been involved with Met Council in an effort to the regulations as they now exist. The Council will continue discussion of this matter at the meeting of December 28, 1998. OAKSHORE PARK PUBLIC IIKPROVEMENT PROJECT On November 16, 1998, the Hugo City Council adopted an assessment roll as partial funding for the proposed improvements in the Oakshore Park subdivision, including paved streets, curb and gutter, storm sewer, and municipal sewer and water. The 30 -day appeal period for the assessments has expired. One appeal has been filed by Jesse Roush, 4776 126th Street North. If the City Council wishes to continue with this project, staff recommended directing the City Engineer to prepare plans and specifications for Council approval. The City Engineer's cost estimate for such work is $60,000. Council -elect Haas stated that he had some suggestions for the project. Miron made motion, Leroux seconded, to table this matter until the Council meeting of January 4, 1999. All aye. Motion Carried. PELOOUIN INDUSTRIAL PARK (FOREST BLVD EWPROVEMENT PETITION) The City received a petition signed by the owners of not less than 35% of frontage of the real property abutting Forest Boulevard, from the north edge of parcel 170312112-0004 to the south edge of 152nd Street, and the owners of not less than 35% of frontage of the real property abutting 152nd Street, from the east edge of Forest Boulevard to the east edge of Freeland Avenue; Francesca Avenue to the south edge of 152nd Street to the south end of the cul-de-sac; and Freeland Avenue to the south edge of 152nd Street to the edge of the cul-de-sac, for the improvement of their properties by the extension of municipal water, sanitary sewer, bituminous paving, curb and gutter, and storm sewer, pursuant to Minnesota Statutes, Chapter 429. The areas described is the Peloquin Industrial Park and the east frontage of TH61, from 152nd Street north to the south line of the Aplikowski property. The proposal would improve the streets and extend municipal utilities in the Peloquin Industrial Park, and extend municipal utilities along the east side of TH61. Miron made motion, Goiffon seconded, to adopt RESOLUTION 1998-39, A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT FOR PELOQUIN INDUSTRIAL PARK IMPROVEMENTS. City Council meeting of December 21, 1998 Page 5 VOTING AYE: Arcand, Barnes, Goiffon, Leroux, Miron Motion Carried. Miron made motion, Barnes seconded, to adopt RESOLUTION 199840, A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT FOR FOREST BLVD UTILITY IMPROVEMENTS. VOTING AYE: Arcand, Barnes, Goiffon, Leroux, Miron Motion Carried. REZONING (FRANCINE'S MEADOWS) Scott Montgomery, 5796 Red Pine Blvd., WBL, MN., requested to rezone eight acres of property located at 5773 Egg Lake Road from SFE and RRl to SFU, to allow subdivision of eight acres of property located at and adjacent to 5773 Egg Lake Road, into 15 single family home lots. The Hugo PC considered these requests at their meeting of December 16, 1998, and recommended approval of the rezoning and preliminary plat. The Council requested that the proposed plat show the entire area to be platted, and the plat show the remaining property acquired be shown as an outlot with access to a public street. The Findings of Fact were also amended to include mention of a Development Agreement. Barnes made motion, Miron seconded, to table this request until such time as a revised preliminary plat is reviewed by the City Engineer. All aye. Motion Carried. FENCE VIEWER APPEAL The City received a letter from Allen and Linda Marcu, 15350 Everton Avenue, appealing the decision of the Council -designated fence viewer for the property line between the Marcus' property and that owned by Mrs. Martha Peltier. Mr. Leroux stated that he had not yet finished review of all information he has acquired to make a determination. Miron made motion, Goiffon seconded, to table this matter to allow the Jim Leroux, the fence viewer, time to make a determination. All aye. Motion Carried. JD2 STUDY COMMITTEE The Mayor requested discussion regarding the establishment of a committee for making recommendations to the Council on improvements to JD2 (Hardwood Creek). He volunteered to chair said committee. City Council meeting of December 21, 1998 Page 6 Miron made motion, Leroux seconded, that the City appoint the following to serve on a committee to continue work on improvements to JD2 (Hardwood Creek): Fran Miron, Chair; Jim Leroux; Will Riopel; David Schumann; and Mr. Waller. All aye. Motion Carried. SPECIAL MEETING (DECEMBER 28.1998) Staff recommended that the City Council conduct a special meeting on December 28, 1998, to consider development proposals for property located in the Bald Eagle Industrial Park. This meeting has already been noticed, with a start time of 7:00 p.m. 1998 LIQUOR. LICENSES (RESOLUTION) The Council considered a resolution approving issuance of liquor and cigarette licenses for 1999. Leroux made motion, Goiffon seconded, to adopt RESOLUTION 1998-41, A RESOLUTION APPROVING 1999 LIQUOR LICENSES. VOTING AYE: Arcand, Barnes, Goiffon, Leroux, Miron Motion Carried. LEVY LEVHT AND BUDGET RESOLUTIONS Barnes made motion, Miron seconded, to adopt RESOLUTION 199842, A RESOLUTION APPROVING PAYABLE 1999 LEVY CERTIFICATION AT $1,106.464. VOTING AYE: Arcand, Barnes, Goiffon, Leroux, Miron Motion Carried. Goiffon made motion, Leroux seconded, to adopt RESOLUTION 1998-43, A RESOLUTION APPROVING THE GENERAL FUND BUDGET FOR THE 1999 FISCAL YEAR. VOTING AYE: Arcand, Barnes, Goiffon, Leroux, Miron Motion Carried. PC VACANCY (RECOMIVIENDATION)/DOWNTOWN COMMITTEE Miron made motion, Barnes seconded, to table this matter until the Council meeting of December 28, 1998. All aye. Motion Carried. Miron made motion, Leroux seconded, to table discussion of a Downtown Committee until the Council meeting of December 28, 1998. All aye. Motion Carried. City Council meeting of December 21, 1999 Page 7 SPECIAL ASSESSMENT LITIGATION (CLOSED) The City Attorney requested a closed session with the Council to discuss litigation on the assessments made for the Fenway Boulevard Improvement Project. Leroux made motion, Barnes seconded, to recess the regular Council meeting and move to a closed meeting. All aye. Motion Carried. ADJOURNMENT Leroux made motion, Goiffon seconded, to adjourn at 11:00 p.m. All aye. Motion Carried. Mary reager, Clerk