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HomeMy WebLinkAbout1996.09.03 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF SEPTEMBER 3, 1996 The meeting was called to order by Mayor Fran Miron at 7:00 PM. PRESENT: Agness, Barnes, Goiffon, Leroux, Miron City Administrator, Robert Museus City Attorney Representative, Kevin Shoeberg City Engineer, Tom Angus City Clerk, Mary Ann Creager ADDITIONS TO AGENDA Letters from Fire Chief Engineer's Update on Traffic Accidents at 147th/148th Streets & 61 Discussion on sound system for City meetings Miron made motion, Barnes seconded, to adopt the following Consent Agenda: Minutes for the meeting of August 26, 1996 Minutes for the meeting of August 28, 1996 Claims for September 3, 1996 Variance (Sherrill) 1996 Crack Filling Project On -sale 3.2 Beer License (DFL Fund-raiser) All aye. Motion Carried. Barnes made motion, Goiffon seconded, to approve the minutes for the City council meeting of August 19, 1996, as submitted. VOTING AYE: Barnes, Goiffon, Leroux, Miron ABSTAINED: Agness Motion Carried. SUP (BEVER) Jim Bever, 7131 132nd Street, has applied for a SUP to conduct wholesale and retail landscaping operations at his residence at the above address. The 40 acre parcel is presently zoned agriculture, but the property is being planned for rural residential use in the draft Comprehensive Plan. The PC considered this request on August 28, 1996, and recommended a SUP for this site for the wholesale/retail sale of landscape materials including plants, rock, chips, brick, modular block, boulders, edging, and fountains subject to the following conditions: 1. Exterior storage to be kept in bins or well-maintained areas. 2. Approval of site activities by the RCWD. 3. No more than five (5) individuals may be employed by the business operated on the site. 4. Hours of operation shall limited to 8:OOAM to 7:OOPM Monday through Friday, and 8:OOAM to 12 noon on Saturdays. 5. Security lighting installed on the site shall be designed to direct, in so far as possible, light away from adjacent properties. 6. Signs on the site shall be limited to one 4' x 8' business identification sign. The height, design, and location of which shall be subject to the City's sign ordinance. City Council meeting of September 3, 1996 Page 2 The Council discussed the SUP issued to Robert Bilotta for property east of Bever's. This permit limits the use of landscape materials, allowing the only the sale of grown products. Council member Barnes was concerned with traffic on 132nd Street, which is gravel, and allowing retail business on the property. Administrator Museus stated that the exterior storage of building materials is an industrial use and not consistent with the City's Comprehensive Plan, which calls for rural residential development in the area where the SUP is requested. Leroux made motion, Barnes seconded, to refer this matter to the Planning Commission for reconsideration. VOTING AYE: Leroux VOTING NAY: Agness, Goiffon, Barnes, Miron Motion Failed. Barnes made motion, Agness seconded, to table this matter until the meeting of September 16, 1996, to allow City Planner, Ed Elliott, to work with Mr. Bever in an attempt to amend his application. VOTING AYE: Agness, Barnes, Miron VOTING NAY: Leroux, Goiffon Motion Carried. PUBLIC HEARING (ROAD SIDE FISHING ORDINANCE) A public hearing was held to consider adoption of an ordinance authorizing the City Council to prohibit fishing and/or boat launching from public roads and public rights-of-way within the City. This ordinance is being considered due to high water elevations along Plaisted Lake, and lack of sufficient ground between Sunset Lake and the road surface. Resident concerns have been expressed that individuals fishing and launching boats from the roadways in these areas are creating a hazardous situation for motorists and pedestrians, as well as damaging public roads. The public hearing was called to order and the following oral comments presented: Tony Vilgos: Ordinance would create "private" lakes and roads and take rights away. He felt signs should be removed from the Lake Plaisted area. Greg Sheehan: Representative of the Sunset Lake Homeowners Assn., stated that he was in favor of the ordinance for reasons stated above, and asked that existing NO PARKING areas be enforced. Ron Gray: Opposed to ordinance because it would limit the ability of kids to fish, and felt that the City should acquire land to create public access. Paul Rice: Opposed to ordinance as he would not be able to fish from property. Council member Barnes stated that the reason for the proposed ordinance was for safety and not restricting anyone from fishing. Councilmen Leroux and Goiffon felt that the ordinance was the taking of rights. City Council meeting of September 3, 1996 Page 3 Goiffon made motion, Leroux seconded, to not adopt ORDINANCE 96-311, AN ORDINANCE AUTHORIZING THE CITY COUNCIL TO PROHIBIT FISHING AND/OR BOAT LAUNCHING FROM PUBLIC ROADS AND ROAD RIGHT-OF-WAYS WITHIN THE CITY. VOTING AYE: Barnes, Goiffon, Leroux, Miron VOTING NAY: Agness Motion Carried. VARIANCE (YODEL) C. Douglas and Janet Youel, 4749 122nd Street, have requested a series of variances in order to install a new septic system as the existing system is failing. The small parcel size (.47 acre) severely constrains potential siting of the replacement drainfield and septic tank. Al Goodman, the County septic inspector, has reviewed the site and proposed what he and Dale Eklin, representing the homeowners, consider the best alternative. The Board of Adjustments did not have a quorum present so this matter was forwarded to the Council without recommendation. Bill Greger, property owner to the south, stated that Mr. Youel has an illegal parking area, and should the new system leak, effluent would run down the driveway and onto his property. It was suggested that the City Engineer inspect the site and make a recommendation. Barnes made motion, Leroux seconded, to approve the following variances Eor C. Douglas and Janet Youel, 4749 122nd Street, to allow installation if a new septic system: 1. Lift station - 40' from lakeshore 2. Discharge pipe - 5' setback from the property line 3. Septic tanks - one tank instead of the two required Approval is contingent on Mr. Youel constructing whatever improvements are recommended by the City Engineer. All aye. Motion Carried. PROPOSED DOG ORDINANCE REVISIONS The Council considered an ordinance drafted by the City Attorney amending Hugo City Code, Chapter 30, regarding the keeping of dogs in the City of Hugo. This amendment was prepared in response to litigation currently underway between the Minnesota Council of Dog Clubs and the City of Hugo, and is meant to resolve this dispute by repealing certain sections of the ordinance and changing the wording to Section 30.19B to clearly indicate that it is not the City's intent to use certifications made in the collection of impounded dogs against property owners in the case of criminal court action. Miron made motion, Goiffon seconded, to adopt ORDINANCE 96-311, AN ORDINANCE AMENDING HUGO CITY CODE CHAPTER 30 REPEALING SECTIONS 30.1, 30.61 AND 30.15. DOTING AYE: Agness, Barnes, Goiffon, Leroux, Miron lotion Carried. City Council meeting of September 3, 1996 Page 4 SUP (ONEKA RIDGE CHILD CARE CENTER) Tom Houck and Linda Mezzenga have requested a SUP to operate a child care center on the southwest corner of T.H. 61 and 141st Street, located in the CB zoning district. The Hugo PC considered their request on August 28, 1996, and recommended approval of the SUP with special conditions. The Planning Commission also recommended the City's Zoning Ordinance be amended to allow child care facilities in the City's RB district. The City's zoning ordinance allows daycare centers in the LB zone only, with no LB zones located in the City. Kevin Shoeberg of the City's law firm, stated that since there are no LB zones in the City, the usual rule for interpreting the zoning ordinances would not apply, and that the Council could allow the child care center as a special use in another district. Barnes made motion, Miron seconded, to approve the SUP request of Tom Houck and Linda Mezzenga to operate a child care center at the southeast corner of T.H. 61 and 141st Street, subject to the following special conditions: 1. The applicant provide a landscaping and screening plan to the City for approval. 2. The applicant construct directional traffic signs in accordance with City specifications. 3. The play area be fenced to insure child safety. 4. Site development comply with RCWD Permit #87-10, grading and erosion control plan. 5. Plant shrubs on the east property line. 6. City Engineer review the recommendation for a 5' variance on the north property line for parking spaces. 7. West parking area be redesigned for angle parking. 8. A wood fence 6' high be erected around the play area. 9. Security lights be installed so as not to interfere with the comfort of neighbors. 10. The City Engineer shall review and comment on grading and drainage plans prior to construction. 11. The proposed building shall be constructed to conform with the building reviewed by the Council at their meeting of 9/3/96. All aye. Motion Carried. Miron made motion, Leroux seconded, directing the City Attorney to draft a Findings of Fact on the proposed use of property in regard to zoning. All aye. Motion Carried. Miron made motion, Leroux seconded, directing staff to schedule a public hearing to include daycare centers in the RB and CB zoning districts. All aye. Motion Carried. Miron made motion, Goiffon seconded, to approve a 5' variance on the north property line (141st Street) for parking spaces. All aye. Motion Carried. City Council meeting of September 3, 1996 Page 5 PARK PLANNING CONSULTANT On August 28, 1996, the PC completed its review of the proposals submitted for park planning services, and recommended that the City contract with the firm of Sanders Wacker Wehrman Bergly, Inc. Leroux made motion, Agness seconded, accept the PC's recommendation and contract with Sanders Wacker Wehrman Bergly, Inc., for preparation of the City's Comprehensive Park Plan, at an estimated cost of $26,500.00. All aye. Motion Carried. 1996 STREET GRAVELING PLAN The Council reviewed an advertisement for bids for the City's 1996 street graveling plan at an estimated cost of $16,357.00. Miron made motion, Goiffon seconded, approving the advertisement for bids for the City's 1996 street graveling plan. All aye. Motion Carried. ICE ARENA DEVELOPMENT The City of Hugo received a letter from Forest Lake Township suggesting that communities in the Forest Lake School District conduct a meeting to consider a Joint Powers Agreement for the construction of an ice arena in Forest Lake, and requesting City comments on this idea. Goiffon made motion, Barnes seconded, directing City staff to respond to Forest Lake Township that the City of Hugo is not interested in participating in the construction of an ice arena in Forest Lake. All aye. Motion Carried. NUISANCE PROSECUTIONS The City received a letter from Jim Schug, Washington County Administrator, responding to concerns of Oak Park Heights on the difficulty of prosecuting violation of municipal nuisance ordinances. Mr. Schug recommended that local prosecutors express city concerns to Washington County judges through the Washington County Prosecuting Attorneys Association. Miron made motion, Barnes seconded, that the City Attorney express Hugo's concerns to Washington County judges as to the difficulty in prosecuting violations of municipal nuisance ordinances. All aye. Motion Carried. CORRESPONDENCE The Council received a memo from the Fire Chief regarding completion of the Volunteer Fire Department's training. City Council meeting of September 3, 1996 Page 6 Barnes made motions Goiffon seconded, that the City send a letter to each fire fighter thanking them for their attendance and completion of the Basic Firefighter I and II training. All aye. Motion Carried. The City received a letter from the Fire Chief with a recommendation to establish a vehicle replacement fund. Miron made motion, Barnes seconded, directing City staff to coordinate a meeting with the Fire Chief for discussion of his recommendation to establish a vehicle replacement fund. All aye. Motion Carried. CITY ENGINEER The City Engineer reported on the number of accidents at 147th/148th Streets and T.H. 61 since 1991. The numbers are not considered excessive, and the intersections are not determined to be dangerous. MISCELLANEOUS A resident stated that he has heard complaints regarding the City's sound system for cable TV. There is a possibility that the City could negotiate for a new system if the franchise sale is not approved. Mayor Miron informed the Council that Nadeau's Market will have a ground breaking ceremony at the site of their new building (8A and 61) on Friday (9-6) at 10:00 AM. The Council is invited to attend. Miron made motion, Goiffon seconded, to adjourn at 10:25 PM. All aye. Motion Carried. XX -.X- Ii -I -r Mary Creager City C erk