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HomeMy WebLinkAbout1994.08.01 CC MinutesMINUTES FOR THE CITY COUNCIL MEETING OF' AUGUST 1. 1994 The meeting was called to order by Mayor Stoltzman at 7:00 PM. PRESENT: Barnes, Brunotte, Leroux, Miron, Stoltzman Brian from OSM City Attorney, Greg Galler City Clerk., Mary Ann Creager Leroux made motion, Barnes seconded, to approve the minutes for the City Council meeting of July 18, 1994, as presented. All aye. Motion Carried. Leroux: made motion, Brunotte seconded, to approve the minutes for the Special Meeting of July 25, 1994, as presented. All aye. Motion Carried. Miron made motion, Leroux seconded, to remove the claim for Arcon Construction, in the amount of $4,274.6•_•, for consideration later in the meeting. All aye. Motion Carried. Leroux: made motion, Miron seconded, to approve the claims for August 1, 1994, in the amount of $29,966.•_+3. All aye. Motion Carried. BALD EAGLE INDUSTRIAL PARK* WATERMAIN ASSESSMENTS (PUBLIC HEARING) A public hearing was scheduled for 7:05 PM to consider adoption of a resolution making assessments for the improvement of 130th Street from the west line of Falcon Avenue to the east line of the Burlington Northern Railroad right-of-way, and on Farnham Avenue from the north line of 1•30th Street to the north line of 128th Street, by the installation of municipal water service. The total assessments for the project are proposed at $119,247.76. The public hearing was opened, and Ed Waller requested that the Council consider assessing property owners equally per lot, rather than per lot or per square foot. There were no other written or oral comments. Barnes made motion, Leroux seconded, to adopt RESOLUTION 94-13, A RESOLUTION ADOPTING THE ASSESSMENT FOR THE WATERMAIN EXTENSION IN THE BALD EAGLE INDUSTRIAL PARK::. VOTING AYE: Barnes, Brunotte, Leroux, Miron, Stoltzman Motion Carried. 3.2 BEER LICENSE (ST. JOHN'S CHURCH) St. John the Baptist Church of Hugo made application for a one -day 3.2 beer license as part of their annul festival to be held on August 28, 1994. St. John's has received such a license for a number of years, and the City has received no complaints. Staff recommends approval of the license. City Council meeting of August 1, 1994 Page 2 Miron made motion, Leroux seconded, to grant a 3.2 beer license to St. John the Baptist Church as a part of their annual festival to be held on August 28, 1994. All aye. Motion Carried. VARIANCE REQUEST (MARIER) Joseph Marier, 16928 Jeffrey Avenue, requested a variance to construct a garage between 170th Street and his house at the above address. Staff recommended approval of the variance request. Leroux made motion, Miron seconded, to approve the variance request of Joseph Marier, 16928 Jeffrey Avenue, to construct a garage between the road and the principal residence. Approval is based on the location of his residence on the property, location of the drainfield, and the substantial setback of the proposed building from 170th Street. All aye. Motion Carried. MINOR SUBDIVISION D.T. PROPERTIES) Richard Tschida of D.T. Properties applied to subdivide 8.9 acres located at the northeast intersection of Trunk: Highway 61 and 170th Street into three lots. The area is zoned REQ. This request was considered by the Planning Commission on July 27, 1994, and the Commission recommended approval of the subdivision subject to special conditions. The Council was to consider only subdivision, as site plan approval would be required for each lot at the time of construction. Miron made motion, Brunotte seconded, to approve the Minor Subdivision for Richard Tschida, to subdivide 8.9 acres into three lots of approximately three lots each. Approval is subject to a driveway access being obtained from Washington County and MNDOT, and any permit from RCWD and the DNR be obtained, if necessary. All aye. Motion Carried. MINOR SUBDIVISION (SCHIFSKY) Mr. William Schifsky applied to subdivide approximately 2.1 acres from his industrial -zoned property located at 5855 165th Street for the purpose of selling the property to the adjacent property owner, Garland and Kevin Vacinek, as expansion space for their concrete yard manufacturing business. The property is zoned industrial. The Planning Commission considered this request at their meeting of July 27, 1994, and recommended approval of the request subject to special conditions. Councilman Leroux felt that the proposed easterly property line should align with the existing Vacinek property rather than jog slightly to the east. Stoltzman made motion, Brunotte seconded, to approve the Minor Subdivision for William Schifsky to subdivide approximately 2.1 acres to be added to the Vacinek property. Approval is subject to submission of legal City Council meeting of August 1, 1994 Page ._, descriptions for the property, both that being subdivided and that being created, and also recommended waiver of the parkland dedication fee. VOTING AYE: Barnes, Brunotte, Miron, Stoltzman VOTING NAY: Lerou>; Motion Carried. SPECIAL USE PERMIT WITH VARIANCE (WENZEL William Wenzel, 5623 142nd Street, applied for a SUP to construct an accessory building of 640 square fleet, where 260 square feet is allowed in the SFU district, as well as a variance to construct the building 5' from the west property line. The Planning Commission considered the request at their meeting of July 27, 1994, and recommended approval of the SUP for the oversized garage, and denied the application for the variance because the variance was a convenience for Mr. Wenzel, and not a necessity. Mr. Wenzel stated he asked for the variance because his wife has child care in the home, and she would like to see this area should she be in the house with other children. The proposed structure would be used for storage and a small workshop. Chapter 320-5, Subd. H(5) was referenced which allows a 5' setback in the SFU zone for accessory buildings. The Council determined that a variance would not be required. Miron made motion, L..erou:; seconded, to approve the Special Use Permit for William Wenzel to construct a 640 square foot accessory building 5' from the west property line. The proposed building to be sided to match the house. All aye. Motion Carried.. SPECIAL USE PERMIT(GRANGER) Richard Granger applied for a SUP to construct a fast-food restaurant at the southwest corner of 147th Street and Trunk Highway 61, west of the abandoned railroad tracks. The property is zoned CB, and the Planning Commission considered his request at their meeting of July 27, 1994, and recommended approval subject to special conditions. Mr. Granger questioned the Council as to why he needed a Special Use Permit for the restaurant. He stated that it is not a drive-in restaurant. The Council stated that with a SUP, he could have a drive-in, if desired, at a later date. Miron made motion, Stoltzman seconded, to approve the Special Use Permit for Richard Granger to construct a fast-food restaurant at the southwest corner of 147th Street and Trunk Highway 61, subject to the following conditions: i. The hours of operation shall be from 9:00 AM until 11:00 PM, Sunday through Thursday, and 9:00 AM to midnight, Friday/ and Saturday. 2. The west fence be adequate to obstruct light and view. 3. All construction be contained on property, specifically, parking surface . City Council meeting of August 1, 1994 Page 4 4. Developer to submit a drainage plan for approval by the City Engineer, and if necessary, the RCWD. b. All parking and driveways on the lot be paved. 6. A landscaping plan be developed and approved for the site. 7. All walkways on site be separated from parking and drive areas by a concrete curb, no less than 6" in height. 8. Buffering of the development from adjacent residential property owners be approved as part of the landscaping plan, and shall include a 6' to 7' high fence between the development and adjacent residences. 9. All lighting on site shall be directed inward. 10. Any signs for the development shall be permitted in accordance with Chapter 266 of the City code. There was discussion regarding contradiction in the code as to the amount of impervious surface required for this proposed business. Barnes made motion, Leroux seconded, to table the application until the Council receives clarification on the regulation for impervious surfaces in the CES zone. VOTING AYE: Barnes and Lerou>: VOTING NAY: Brunotte, Miron, Stoltzman Motion Failed. VOTE ON ORIGINAL MOTION: AYE: Brunotte, Miron, Stoltzman NAY: Barnes ABSTAINED: Leroux Motion Carried.. Mr. Granger questioned the Council about whether his site plan would go to the Planning Commission or go directly to the Council. He was informed that the plan would go directly to the Council. Miron made motion, Leroux seconded, directing the staff to review the requirements regarding impervious lot coverage, and direct Pete Willenbring, OSM, to include as part of the Surface Water Plan. All aye. Motion Carried. 1994 ELECTION JUDGES (RESOLUTION) The Council considered a resolution appointing election judges for elections to be held September 13, 1994 and November 8, 1994. Barnes made motion, Miron seconded, to adopt RESOLUTION 94-14, A RESOLUTION APPOINTING ELECTION JUDGES FOR THE PRIMARY AND GENERAL ELECTION FOR THE CITY OF HUGO IN 1994. All aye. Motion Carried. City Council meeting of August 1, 1994 Page 5 1994 ROLLING PLACES (RESOLUTION) The Council considered a resolution designating polling places for elections as previously noted. Miron made motion, Stoltzman seconded, to adopt RESOLUTION 94-15, A RESOLUTION DESIGNATING POLLING PLACES FOR ELECTIONS TO BE HELD SEPTEMBER 13, 1994 AND NOVEMBER 8, 1994, IN THE CITY OF HUGO. VOTING AYE: Barnes, Leroux, Miron, Stoltzman VOTING NAY: Brunotte Motion Carried. DEVELOPMENT AGREEMENT (WHITE BEAR MEADOWS) The Council considered a Development Agreement between the City of Hugo, Builders Management Services, Inc., and Willie and Sharon Lessard, relating to the White Bear Meadows subdivision. Paragraphs 3F and 12A relate to the developer's acquisition and improvement of a second access to the site for public safety vehicles. Staff recommended approval of the Agreement, as presented. A representative from Builders Management Services was present stating that they have changed the name of the development to ONEKA ESTATES. He requested that the Development Agreement allow for five (5) model home permits without certificates of occupancy, and that they be allowed to start grading the site as soon as possible, at their own risk. The Council reviewed the Development Agreement, as submitted, and suggested certain changes be made. It was also their feeling that no action be taken on the development until signed easements for the temporary access are received by the City. Barnes made motion, Miron seconded, to table action on the Development Agreement for ONEKA ESTATES to allow time for the City Attorney to make changes in the document. All aye. Motion Carried. FINAL PLAT APPROVAL (WHITE BEAR MEADOWS) Miron made motion, Brunotte seconded, to table action on this matter until the Development Agreement has been approved by the City. All aye. Motion Carried. BALD EAGLE INDUSTRIAL PARK WATERMAIN (FINAL PAYMENT) Mr. Ken Weber, project engineer for the extension of watermain to the Bald Eagle Industrial Park, recommended final payment, in the amount of $4,264.63, to Arcon Construction. Stoltzman made motion, Miron seconded, to approve the final payment to Arcon Construction, in the amount of $4,274.63, for extension of a watermain to the Bald Eagle Industrial Park. All aye. Motion Carried. City Council meeting of August 1, 1994 Page b AUTHORIZATION TO SELL MOTORCYCLE Stoltzman made motion, Leroux seconded, authorizing City staff to solicit bids for the sale of a 1990 Harley Davidson 883 Sportster motorcycle obtained by the City through forfeiture action. All aye. Motion Carried. WILD ANIMAL ORDINANCE (FURTHER DISCUSSION) The Council received a revised ordinance for their consideration. After personally visiting the site that prompted this ordinance, Council member Barnes suggested that all Council members make a visit before forming an opinion. There was then discussion on the ordinance, as presented, and revisions the Council wanted to have implemented. Miron made motion, LerouX seconded, to table this matter to allow time for the City Attorney to make suggested revisions to the proposed ordinance. All aye. Motion Carried. PLANNING CONSULTANT RECOMMENDATION The Planning Commission considered proposals for planning consultants to assist the Commission in finalizing the City's revised Comprehensive Flan. based on experience, ability, and cost, the Planning Commission recommended that the City enter into an agreement with Loucks and Associates. Miron made motion, Leroux seconded, that the City of Hugo enter into an agreement with Loucks and Associates for services in preparing and adopting the Comprehensive Plan at a cost of $21,500 plus duplication expenses, subject to review and approval by the City Attorney. All aye. Motion Carried. FIREARMS COMPLAINT (RICE LAKE PARK) The City has received complaints from neighbors adjacent to Rice Lake Park regarding the discharge of firearms on the site. Chapter 264 of the Hugo City Code disallows the discharge of firearms on City property. Miron made motion, Leroux; seconded, directing staff to have Rice Lake Park signed with NO DISCHARGE OF FIREARMS ALLOWED. All aye. Motion Carried. The City staff is to inform the Sheriff's Department of this ruling. MISCELLANEOUS The Council determined that the following items be placed on the agenda of City Council meeting of August 1, 1994 Page 7 August 15, 1994: Rice Lake Parti: Lease (New Heights Charter School) and dumpster complaint (Ricci apartments). Louis Dailey questioned the Council about a decision on whether to extend city services along Egg Lake Road to Goodview Avenue. He has a buyer for his house, and needs to know the status of the project. This matter will be discussed at the special meeting of the City Council on August 8, 1994. COUNTRY PONDS Tony Emmerich, developer of Country Ponds, was present to ask. the Council that Certificate of Occupancies be issued for certain houses within the development. Mr. Emmerich stated that the development was "substantially completed", and Urian, representing OSM, concurred. Miron made motion, Leroux seconded, that Certificate of Occupancies be issued in Country Ponds after the City has received a letter from OSM stating that "substantial" completion of the development has occurred.. VOTING AYE: Barnes, Brunotte, Leroux, Miron VOTING NAY: Stolt man Motion Carried. Brunotte made motion, Miron seconded, to adjourn at 10:19 PM. All aye. Motion Carried. Mary n Creager, Ci Clerk