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HomeMy WebLinkAbout1996.08.05 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF AUGUST 5. 1996 The meetinq was called to order by Mayor Fran Miron at 7:15 PM. PRESENT: Barnes, Goiffon, Leroux, Miron City Administrator. Robert Museus City Attorney, Greg Galler City Engineer, Tom Angus City Clerk, Mary Ann Creager ADD TO AGENDA Wilson Tool (One Day Beer License) Leroux made motion. Barnes seconded, to adopt the following Consent Agenda: Minutes for the City Council meeting of July 15, 1996 Claims for August 5, 1996 One Day Beer Sales License (St. John's Church) Amended Site Plan (CeeJays Auto, Inc.) All aye. Motion Carried. VARIANCE (FLOM) David and Michelle Flom, 5955 Egg Lake Road, have requested a variance to the rear yard setback requirements for the construction of an 18' x =_ above ground swimming pool. The setting of the pool will place it 18' from the rear property line, a 12' encroachment into the rear yard setback requirements of the City's SFU zoning district. This matter was considered by the Board of Adjustments on July 24, 1996, and the Board made a recommendation to approve the variance as requested. The Council discussed the concerns voiced by Mr. Flom's neighbor regarding potential noise generated by pool use. A "privacy" fence would need to be quite high to block the neighbor's view of the pool. Leroux made motion, Miron seconded, to approve the variance request of David Flom, 5955 Egg Lake Road, to construct the proposed above ground swimming pool 18' from their rear property line, subject to the rear yard being fenced with a secure gate. All aye. Motion Carried. VARIANCE (FISCHER/FERWERDA) Mr. Mark Fischer, on behalf of Raymond Ferwerda, 6521 132nd Street, requested a SUP to construct a 0' x 50' accessory building at the above address. The property is zoned RRi, which permits 1,200 sq ft of accessory building. The request would exceed the zoning standard by 300 sq ft. The Hugo PC considered this request on July 24, 1996, and recommended granting a variance for the accessory building rather than a SUP, subject to special conditions. The City Attorney stated that because the application dealt with land use rather than dimensional layout, a Special Use Permit would be the appropriate application rather than a variance. City Council meeting of August 5. 1996 Page 2 Leroux, made motion, Goiffon seconded, to approve the Special Use Permit request of Raymond Ferwerda to construct a .30' x 50' accessory building, exceeding the zoning standard by 300 sq ft., subject to the following conditions: 1. The accessory building not be used as a place of business. 2. The accessory building be constructed such that the appearance matches the principal building. VOTING AYE: Goiffon, LeroUX, Miron ABSTAINED: Barnes Motion Carried. COUNCIL VACANCY Due to the resignation of the Councilman from Ward 1, the City Council directed staff to advertise the vacancy in the City's official newspaper, which occurred on July 10, 1996. Two residents, Cheryl Istvanovich and Tim Agness, have applied for the position. Miron made motion, Barnes seconded, appointing Tim Agness until January 1. 1997, to fill the Unexpired term for Ward 1. effective August 6, 1996. All aye. Motion Carried. ELECTION JUDGE APPOINTMENTS (RESOLUTION) The Council considered a resolution appointing election judges for the primary and general elections for the City of Hugo in 1996. Leroux made motion, Miron seconded, to adopt RESOLUTION 96-6. A RESOLUTION APPOINTING ELECTION JUDGES FOR 1996. VOTING AYE: Barnes. Goiffon, LeroUX, Miron Motion Carried. POST OFFICE DEVELOPMENT Staff provided the Council with an update on the status of the construction of the new Post Office to serve the community. It would cost the City $300,000 to change the Post Office site from Flay Avenue to the Marier property located between 145th and 146th Streets. The Administrator recommended that the City continue with the Flay Avenue site, and stated that the City should proceed with the needed Utility/road work. Goiffon made motion. Barnes seconded. authorizing the City Engineer to prepare plans and specs for infrastructure work for the Flay Avenue Post Office site. All aye. Motion Carried. The Post Office is to be notified that the City is proceeding with plans and specs for the project. Citi Council meeting of August 5. 1996 Page _ _ DRAINAGE ISSUES The City is currently working on drainage programs for the Clearwater Creek. Hardwood Creek. and School Section/Goggins Lake subwatersheds. In order to give these issues detailed considerationstaff recommended that the City Council establish a special meeting in August to review storm water issues in the City of Hugo. Miron made motion, Barnes seconded, Monday. August 26. 1996, at 7:.30 PM, programs for Clearwater and Hardwood lake subwatersheds. All aye. Motion Carried. LMC FINANCIAL REQUEST to schedule a Council workshop for Hugo City Hall, to discuss drainage Creeks. and School Section/Goggins On July 15, 1996, the City Council considered a request from the League of Minnesota Cities for a financial contribution of $42.3.00 toward the League's efforts to fund a legal challenge made by U.S. West, which attempts to limit cities' control over public rights-of-way. Action was tabled on this request until this evening's meetina. At issue is the fact that communication companies are facing rapid changes in technology, both in the use of fiber optic cable and wireless telephone services. These services lead to both a substantial investment by the communication companies in infrastructure (largely located in public rights-of-way) and substantial revenues. Communication companies have determined that it is in their best interest to attempt to limit the authority cities have in controlling their use of the public right-of-ways. This is a major issue to cities in Minnesota and across the country. It is the City Administrator's opinion that any loss of local control over public road right-of-ways will be costly to the City, and cause additional time to be spent coordinating City projects. Public right-of-ways are generally obtained by the City as part of the subdivision process, and utilities are allowed to use them as a matter of convenience and cost effectiveness. In doing so, the utilities have a responsibility to meet standards set by the City in the construction of the utilities and to worts; with the City in a fair and equitable manner in the installation, relocation, maintenance, and repair of these public and semipublic facilities. The X423 proposed by the League is a minor amount when compared to thousands of dollars it could cost the City in the future to relocate or repair utility lines. Staff recommended the City contribute $423 to the League's efforts to protect local management of public rights- of -way. Barnes made motion, Goiffon seconded, approving the $423 expenditure to the League of Minnesota Cities in their efforts to protect local management on public rights-of-way. All aye. Motion Carried. City Council meeting of August 5. 1996 Page 4 ANIMAL CONTROL LITIGATION On July 30. 1996, the City of Hugo received Summons and Notice of Claim by legal firm of Mansfield and Tanick, representing the American Dog Owners Association. The Association claims that portions of the City's Animal Control Ordinance are unconstitutional, specifically: 1. Section 1.6, which allows government employees in the conduct of their duties to enter upon the premises of residents of the City to enforce the Animal Control Ordinance (implied consent). 2. Section 1.19 (B) where an individual picking up a dog, impounded by the. City, must sign a document acknowledging that the dog's rabies vaccination and City's dog license are not current (self-incrimination). 3. Section 11.5, which requires dog owners to provide humane care and treatment, sufficient good and wholesome food, water, proper shelter and protection from the weather, and veterinary care for the dogs in their custody (too vague). The City Attorney reviewed this litigation with the Council. No action was required. ONE DAY 2 BEER LICENSE (WILSON TOOL) On behalf of Wilson Tool, Metro Food has applied for a one -day .=.2 beer license for Wilson Tool's company picnic to be held at the City park on AUqust 10, 1996. Leroux made motion, Barnes seconded, approving the one -day 3.2 beer license for Metro Foods on August 10, 1996, for the Wilson Tool company picnic. All aye. Motion Carried. EHNSTROM (SPECIAL USE PERMIT) Lawrence and Kathleen Ehnstrom, 14043 Fondant Avenue, have requested a SUP to construct an 26' x •'0' accessory building in the SFU zone where 260 sq ft is allowed. The Ehnstroms' lot location was clarified, and a newly -designed site plan was submitted. LeroUX made motion, Miron seconded, to approve the SUP request of Lawrence and Kathleen Ehnstrom, 14043 Fondant Avenue, to construct a 26' X, ?(-_). accessory building, subject to the following conditions: 1. The two lots owned by the Ehnstroms shall be combined, if not already done. 2. The proposed building shall be constructed with similar siding as the principal residence. 3. The proposed building shall be used for residential purposes only. All aye. Motion Carried. City Council meeting of August 5, 1996 Page 5 CORRESPONDENCE The Mayor received a letter from a resident regarding what he considers an unsafe situation at the T.H. 61/148th Street intersection. It was determined that traffic's safety at the intersection could be studied by the Cit/ Engineer at the same time as work is being conducted for the Post Office project, as they are in the locale. Barnes made motion, Leroux: seconded, directinq the City Engineer to assess the intersection of Highway 61 and 148th Street to determine adequacy for safe vehicular traffic and report his findings to the City Council. All aye. Motion Carried. MISCELLANEOUS Mayor Fran Miron and Councilman Leroux; attended the May Town Board meeting of Auqust 1st to discuss further the School Section/Goggins lake flooding problems. Mayor Miron stated that should the project not proceed, another meeting should be held with area residents informing them of what has happened. The City Administrator stated that the next engineering study required would be modeling of the creek and analysis of the input the outlet for Goggins' Lake would have on the creek, at an estimated cost of $8,000. Modelinq costs will be shared by the cities of Hugo and Stillwater and the Washington County Soil and Water Dept. Leroux made motion, Miron seconded, authorizing payment of Hugo's share of engineering for gathering of mottling and its analysis. All aye. Motion Carried. Leroux: made motion, Goiffon seconded, to adjourn at 9:00 PM. All aye. Motion Carried. Mary n Crea- r Cit,/ lerk.