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HomeMy WebLinkAbout1997.05.19 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF MAY 19,1997 The meeting was called to order by Mayor Fran Miron at 7:05PM. PRESENT: Barnes, Goiffon, Johnson, Leroux, Miron City Administrator, Robert Museus City Attorney, Greg Galler City Engineer, Tom Angus City Clerk, Mary Ann Creager ADDITIONS TO AGENDA Bud Wollan (Repair of cattle pass) Status Report (Hardwood Creek) Barnes made motion, Leroux seconded, to approve the following Consent Agenda: General Claims for May 19, 1997 Temporary Beer License (Hugo Lions Club) Findings of Fact (Brimmer) Change Order (150th Street Improvement Project) All aye. Motion Carried. Miron made motion, Goiffon seconded, to approve the City Council minutes for May 5, 1997, as amended. VOTING AYE: Barnes, Goiffon, Johnson, Miron ABSTAINED: Leroux Motion Carried. TEMPORARY BEER LICENSE (HUGO LIONS CLUB) The Hugo Lions Club requested a permit to sell beer during their annual Good Neighbor Days celebration on June 6-8, 1997. Adoption of the Consent Agenda approved the permit as requested, subject to the Lions Club providing the City proof of required insurance. FINDINGS OF FACT (BRIMMER) The Council considered for approval the Findings of Fact, as prepared by the City Attorney, regarding the Council's denial of a variance to the property located at 4908 120th Street North, that would have permitted the exterior of an accessory building in excess of 640 sq ft to be sided with materials dissimilar to the principal residence on the property. Adoption of the Consent Agenda approved the Findings of Fact as presented. City Council meeting of May 19, 1997 Page 2 CHANGE ORDER (150TH STREET IMPROVEMENT PROJECT) The City Engineer recommended the Council approve a Change Order for the construction of utilities in 150th Street, west of T.H. 61, to serve the new Post Office site. The Change Order reflects additional soils correction due to discovered peat under the roadway, changes mandated to the turn lane off T.H. 61 by MnDOT, and the addition of a 6" valve to the watermain, that reduced the amount of time businesses along 61 were out of service during the system's construction. Total cost of the Change Order amounts to $10,054.25, bringing the total project cost to $178,063.00. Adoption of the Consent Agenda approved the Change Order as recommended by the City Engineer. DEVELOPMENT AGREEMENT (GLAMOS WIRE PRODUCTS) On May 5, 1997, the City Council considered a request by Glamos Wire Products, 5561 152nd Street, for an amended site plan to allow the construction of an additional 30,000 sq ft building on the property. The Council directed the City Attorney to prepare a Development Agreement granting site plan approval, subject to various conditions placed on the project by the Council. Mr. Paul Glamos was present at the meeting, and stated that he would like the City to totally eliminate the need for an Agreement. Mr. Glamos' attorney stated to the City Attorney that he would like this matter tabled until the next Council meeting to allow him time to review the document. Goiffon made motion, Leroux seconded, to table this matter until the Council meeting of June 2, 1997. All aye. Motion Carried. 3.2 BEER AND CIGARETTE LICENSES (BOBBER'S BOATS AND BAIT) The Council considered the issuance of an off -sale beer license and cigarette license to Robert McElmury, dba Bobber's Boats and Baits, 4444 129th Street, at their meeting of May 5, 1997. Concerns were raised by neighbors that Mr. McElmury was not in compliance with his SUP issued by the City. The Council directed the City's Building Official to inspect the site for compliance, a copy of which is on file. Because of the short distance between the lake and 129th Street, it is not feasible to construct a hedge or fence to separate the roadway from the boat area. Options include: 1. Eliminating the requirement for the hedge or fencing from the SUP. 2. Require the property owner to construct the fences or hedges to limit public access to the dock area only. 3. Enforce the requirement for a hedge or fencing, which will effectively deny use of the shoreland areas to the business. City Council meeting of May 19, 1997 Page 3 The Washington County Sheriffs Department responded to a neighbor's call on May 10th stating that strong beer was being consumed on the premises; that proved to be accurate. It was the Administrator's opinion that consumption of beer after business hours constitutes a violation of the liquor ordinance, and requires a liquor license violation hearing. Bob McElmury, owner of Bobber's, explained the circumstances of the deputy's visit on the 10th, and what he has done to comply with the conditions of his SUP. Goiffon made motion, Leroux seconded, to approve the issuance of a 3.2 beer and cigarette license to Robert McElmury, dba Bobber's Boats and Bait, 4444 129th Street, and eliminate the requirement for a hedge or fencing, between the lake and 129th Street, from the SUP. Miron made motion, Barnes seconded, to amend the motion to include an order to bring the business into compliance with the SUP issued by the City, including: 1. Miscellaneous equipment and parts stored on the site shall be collected and enclosed so as not to be observable from off the property. 2. The amount of dockage on the site shall be reduced to the 200' allowed. 3. Suitable plants should be planted and maintained on the property lines, as required, to screen view of the site from adjacent property. VOTE ON AMENDMENT: All aye. Motion Carried. VOTE ON ORIGINAL MOTION: All aye. Motion Carried. Barnes made motion, Miron seconded, that a SUP compliance report be placed on the City Council agenda of July 7, 1997. All aye. Motion Carried. Leroux made motion, Miron seconded, directing staff to proceed with the scheduling of a hearing to consider an alleged liquor license violation at Bobber's Boats and Bait. All aye. Motion Carried. SPECIAL USE PERMIT (14728 IRISH AVENUE) Mr. John E. Olsen has requested renewal of the SUP granted to his property at 14728 Irish Avenue, that permits the use of 20% of the 7.5 acre parcel, to process and store firewood. The SUP was issued to the site on June 7, 1993, and renewed in September 1995. The City has received no complaints regarding the operation on the site. Staff has recommended that no change be made to the Permit. City Council meeting of May 19, 1997 Page 4 Miron made motion, Goiffon seconded, to reissue the Special Use Permit to John E. Olsen, 14728 Irish Avenue, for a two-year period, with no changes to the Permit. All aye. Motion Carried. MNDOT REPORT (INTERSECTION OF 8A AND 61) At the City Council's request, MNDOT conducted a study of the above -referenced intersection to determine the need for signals, as well as the potential for a crosswalk across T.H. 61 at 140th Street and 146th Street. MNDOT's report stated that there is not currently a need for a signal at 8A and 61, and they cannot estimate when such a signal will be required as it is dependent upon development in the adjacent area. MNDOT recommended not painting crosswalks at 140th Street and 146th Street as it may give pedestrians a false sense of safety when attempting to cross the road at these locations. MNDOT stated that they will review the pedestrian activity at 146th Street after school is out this summer and reconsider their position on the paving of a crosswalk at this location. No action was required regarding this matter. C.R. 8A ASSESSMENT ROLL The Council reviewed a resolution establishing a notice of hearing for 7:05PK June 16, 1997, to consider a proposed assessment roll for public improvements constructed as part of the C.R. 8A improvement project, between Goodview Avenue and T.H. 61. The reason for delay in preparing the assessment roll was the time required for the County to finalize project costs with the contractor. Miron made motion, Leroux seconded, to adopt RESOLUTION 1997-10, A RESOLUTION FOR A HEARING ON PROPOSED ASSESSMENTS FOR THE C.R. 8A PROJECT. VOTING AYE: Barnes, Goiffon, Johnson, Leroux, Miron Motion Carried. STATE AID ROADS TRAFFIC COUNTS The City Engineer requested the Council consider ordering traffic counts to be taken on state aid roads in order to fulfill MNDOT/State Aid System requirements, at a cost not to exceed $4,500. Barnes made motion, Johnson seconded, that the Council consider this request at the 1998 budget time. All aye. Motion Carried. City Council meeting of May 19, 1997 Page 5 WOLLAN CATTLE CROSSING Leroux made motion, Goiffon seconded, directing Mike Kriz to investigate repairs needed for Francis Wollan's cattle crossing. All aye. Motion Carried. HARDWOOD CREEK UPDATE Maintenance Supervisor, Mike Kriz, is getting three quotes for completion of the Hardwood Creek cleaning project, west of T.H. 61. JUDICIAL DITCH #2 Ed Waller updated the Council on his findings of tile depth and location for Hardwood Creek. Miron made motion, Leroux seconded, directing staff to include Mr. Waller's findings in the survey report for Hardwood Creek, to be provided by WSB. Miron made motion, Barnes seconded, to amend the motion to include the elevation of the box culvert under T.H. 61. VOTE ON AMENDMENT: All aye. Motion Carried. VOTE ON ORIGINAL MOTION: All aye. Motion Carried. RCWD COMP STORMWATER MANAGEMENT PLAN Mr. Waller highlighted portions of the Plan that he felt were in error for discussion with the Council. Miron made motion, Barnes seconded, that staff direct Mr. Waller's comments and analysis to the RCWD for their review, and offer to meet with them at a workshop setting to discuss these comments. All aye. Motion Carried. FENCE VIEWER Councilman Leroux has been investigating a fence dispute north of Oneka Lake, and needs some advise regarding responsibility of a fence that goes out into a body of water. Attorney Galler will advise. City Council meeting of May 19, 1997 Page 6 Council member Johnson reminded the Council of a Park Planning meeting to be held on May 21, 1997, at the RLPB, and a Council workshop to be held on May 31, 1997 at the Hugo Elementary School, to discuss options developed by the Fire Hall Development Committee. Barnes made motion, Goiffon seconded, to adjourn at 9:14PM. All aye. Motion Carried. MaryWC reager, City Clerk