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HomeMy WebLinkAbout1994.10.03 CC MinutesThe meeting was called to order by Mayor Stoltzman at 7:00 PM. PRESENT: Barnes, Brunotte, Leroux, Miron, Stoltzman City Administrator, Robert Museus City Attorney, Greg Galler City Engineer, Joel Dresel City Clerk, Mary Ann Creager Miron made motion, Brunotte seconded, to approve the minutes for the City Council meeting of September 19, 19941 as submitted. All aye. Motion Carried. Leroux made motion, Miron seconded, to approve the minutes for the discipline hearing of September 19, 1994, as submitted. All aye. Motion Carried. Barnes made motion, Brunotte seconded, to approve the minutes for the special City Council meeting of September 21, 1994, as submitted. All aye. Motion Carried. Miron made motion, Brunotte seconded, to approve the claims for October 3, 1994, in the amount of $46,50695. All aye. Motion Carried. - Sergeant James Fure, Hugo's liaison from the Washington County Sheriff's Department, introduced Deputy James Gribble to the Council. Deputy Gribble will serve the City under contract for Washington County. The City of Hugo received an application for change in ownership to Senor Ricci's, Inc., 14777 Forest Blvd. 50% of this corporation is being sold to Raymond Bogatty, 1401 White Bear Avenue, St. Paul, MN. The City's liquor license ordinance is silent in regard to the processing of change in ownership requests. Liquor licenses are issued to specific individuals, for use on specific sites. Any change in ownership, or location of the business, requires the issuance of a new license. In this case, in order to maintain the uninterrupted operation of the site, and subject to agreement by the applicant, staff recommended that the Council approve transfer of the license subject to the owner submitting an application for a new liquor license at the time of normal renewal in November of this year. The City reserves the right to deny the new license based on the investigations performed as part of the liquor license application process. Miron made motion, Barnes seconded, to approve the transfer of the Senor Ricci's, Inc., liquor license to Raymond Bogatty, subject to his submitting an application for a new license in November, 1994. All aye. Motion Carried. City Council meeting of October 3, 1994 Page 2 Steve and Chris Sadowski, 20370 Enfield Court North, Forest Lake, MN., requested a SUP to construct a pole building on their property located on Outlots A, C, and D of the Wunderlich Hills subdivision, prior to construction of their home on the property. The Sadowskis intend to construct the pole building this fall to provide storage for construction materials to be used in the construction of their home in the Spring of 1995. The Hugo Planning Commission considered their request on 9/28/94, and recommended approval of the SUP subject to special conditions. Miron made motion, Stoltzman seconded, to approve the SUP for Steve and Chris Sadowski to construct a pole building on their property located on Outlots A, C, and D of the Wunderlich Hills subdivision' Approval is subject to the following special conditions: 1. Construction of the home on the site be substantially completed by October 1, 1995. 2. Property owners are to post a letter of credit or cash in the amount of $5,000 for the City to insure completion of the home. The security will be returned to the property owner upon issuance of the Certificate of Occupancy for the home or be forfeited to the City if the property owners do not live up to the terms and conditions of the SUP. 3. The pole building to be used for the storage of building materials related to the construction of the home on site, and for other residential storage purposes only. 4. No commercial activities of any sort be allowed on the site. - All aye. Motion Carried. Daniel and Mary Wetterling, 15978 Harrow Avenue, requested a variance to construct an accessory building between their home and Harrow Avenue North. Given that the new structure will be setback 242' from Harrow Avenue, and is screened from the street by a substantial number of trees, staff recommended approval of the variance. Miron made motion, Stoltzman seconded, to approve the variance request of Daniel and Mary Wetterling, 15978 Harrow Avenue, to construct an accessory building between their home and Harrow Avenue. Approval of the variance is based on the substantial setback from Harrow Avenue, and the building will be screened from the street be a large number of trees. All aye. Motion Carried. Ronald Bragg, 15649 Jeffrey Avenue, requested a variance to construct a pole building between his house and Jeffrey Avenue' The structure will bs used for storage of personal property and as a horse barn. Given the location of the existing home and septic field, as well as site topography, staff recommended approval of the variance. City Council meeting of October 3, 1994 Page 3 Leroux made motion, Miron seconded, to approve the variance request of Ronald Bragg, 15649 Jeffrey Avenue, to construct a pole building between his house and Jeffrey Avenue. Approval of the variance request is based on the location of existing home, septic field, and topography. All aye. Motion Carried' On September 19, 1994, the City Council conducted a disciplinary hearing regarding allegations made against a volunteer fire fighter employed by the City. The Council directed the City Attorney to prepare Findings of Fact regarding their determination to terminate the employment of the fire fighter' Miron made motion, Leroux seconded, to accept the Findings of Fact regarding the Council's determination to terminate the employment of fire fighter, Cheryl Istvanovich. VOTING AYE: Barnes, Brunotte, Leroux, Miron VOTING NAY: Stoltzman Motion Carried. The Council considered easements granted by Rosemary Linden and Roy Molitor for permanent and temporary easements, as required by the conditions of preliminary plat approval, for the development known as ONEKA ESTATES. The easements were approved, in form, by the City Attorney, and the easement descriptions have been reviewed and approved by the City Engineer. Given that they meet the intent of the Council in this matter, staff recommended approval of the easements. Miron made motion, Brunotte seconded, to approve the permanent and temporary easements, granted by Rosemary Linden and Roy Molitor for the development known as ONEKA ESTATES' Approval is subject to approval of the legal descriptions by the City Engineer. VOTING AYE: Barnes, Brunotte, Leroux, Miron VOTING NAY: Stoltzman Motion Carried. The Council reviewed a proposed Development Agreement between the City of Hugo and Builders Management Services, Inc', for the development known as ONEKA ESTATES' The developer requested that the following items be included in the Agreement: 1. The issuance of five (5) building permits for model homes (Paragraph 13E)' 2. A grading permit, in order to begin site preparation prior to recording of final plat approval (Paragraph 13D)' City Council meeting of October 3, 1994 Page 4 3. Delay in completion of the public street improvements until June 1, 1995 (Paragraph 3B)' It i? the developer's intent to conduct site preparation activities this Fall, and begin construction of the public improvements in the Spring of 1995. The Development Agreement specifies that no Certificates of Occupancy shall be issued until the second street access has been accepted for use by the City, until the final plat is recorded with Washington County, and the public improvements have been substantially completed' The developer has posted cash security with the RCWD to insure completion of grading and site restoration' The Watershed District may restore the site to guard against erosion and sedimentation, if the developer does not fulfill the permit requirements' Given the security, staff had no objection to the special conditions in the Development Agreement' The Council discussed, at length, the request of the developer for five building permits for model homes, as well as other minor changes to the Agreement. Leroux made motion, Brunotte seconded, to approve the Development Agreement between the City of Hugo and Builders Management Services, Inc', for the development known as ONEKA ESTATES, as amended by the Council' Leroux made motion, Barnes seconded, to amend the previous motion to include a clause that if the developer sells any lot prior to issuance of a Certificate of Occupancy, the developer shall pay a penalty of $10,000 per lot. Such penalty may be retained from the escrow that the developer has on deposit with the City. VOTING AYE: Barnes, Brunotte, Leroux, Miron VOTING NAY: Stoltzman Motion Carried. ORIGINAL MOTION: VOTING AYE: Barnes, Brunotte, Leroux, Miron VOTING NAY: Stoltzman Motion Carried. Builders Management Services, Inc., requested final plat approval for their development known as ONEKA ESTATES. Given previous approvals of the required easements and Development Agreement, and as there has been no change to the proposed preliminary plat, staff recommended approval. Miron made motion, Leroux seconded, to approve the final plat for ONEKA ESTATES. VOTING AYE: Barnes, Brunotte, Leroux, Miron VOTING NAY: Stoltzman Motion Carried. City Council meeting of October 3, 1994 Page 5 Joel Dresel, the City Engineer, reviewed OSM's report, and provided a recommendation for correction of a drainage problem identified in the Lake Air Estate's subdivision' Stoltzman made motion, Leroux seconded, to accept OSM's report regarding the drainage problem in the Lake Air Estate's subdivision, and Joel Dresel's recommendation to resolve the problems. All ave. Motion Carried. Miron made motion, Barnes seconded, to set a public hearing for Monday, October 17, 19945 at 7:05 PM, to review the measures to be taken by the City to alleviate drainage problems in the Lake Air Estate's subdivision. All aye' Motion Carried. Mr. Willenbring was present to discuss the Surface Water Water Management Plan draft, as prepared by him, with the Council. He requested that any comments regarding the Plan be submitted to him by the end of October. Mr. Willenbring also inquired as to the status of the proposed joint project with Lino Lakes to study the Clearwater Creek Watershed. Miron made motion, Brunotte seconded, directing staff to proceed with setting a meeting sometime in November, with Lino Lakes, to discuss matters -cif common concern. All aye. Motion Carried. The Council reviewed a recommendation from the City Engineer to reduce the Letter of Credit held by the City of Hugo to insure completion of the Duck Pass subdivision, by the amount of $189,967.68. Stoltzman made motion, Barnes seconded, to reduce the letter of credit for the DUCK PASS subdivision, in the amount of $189,967.68. All aye. Motion Carried. On Thursday, September 22, 1994, Mr. James Golembeck, an attorney for the City's insurance carrier, and the City Administrator, met with representative of the Grace Development Corporation to discuss a revised site plan for the development. Staff requested that the City Council set a special meeting date to consider this proposal. As this is a matter of litigation between the City and Grace Development Corporation, staff requested that this meeting be conducted as an executive session. City Council meeting of October 3, 1994 Page 6 Barnes made motion, Leroux seconded, to recess tonight's meeting until 10/5/94, 7:30 PM, to hold an executive session to discuss a revised site plan for the WOODS OF BALD EAGLE subdivision. All aye' Motion Carried. , EPIMAL_CONTROL SERVICES CONTRACT The Council considered a memo from the City Administrator regarding contracting for animal control services. Miron made motion, Brunotte seconded, that the City of Hugo enter into a six-month contract with ACS for animal control services in the City. All aye' Motion Carried. A resident of the community, Tamara Miltz-Miller, requested Council support in being nominated to Fairview Hospital's Regional Advisory Council. This matter was addressed at the special Council meeting of 9/29/94. BUILDING INTERN EXTENSION The appointment of Vern Bartlette, as an intern in the City's Building Inspection Department, was set to expire on 10/1/94. Given the amount of building activity going on in the City, which is expected to continue throughdut the Fall, staff requested that his appointment be extended until December 1, 1994' Stoltzman made motion, Miron seconded, to extend the appointment of Vern Bartlette until December 1, 1994. All aye' Motion Carried. The Council considered a resolution assessing past -due utility bills to certain properties in the City of Hugo. Miron made motion, Brunotte seconded, to adopt RESOLUTION 94-19, RESOLUTION DECLARING UNPAID UTILITY BILLS BE PLACED ON THE TAX ROLLS. VOTING AYE: Barnes, Brunotte, Leroux, Miron, Stoltzman Motion Carried. MISCELLANEOUUS The Council reviewed the City's proposal to the U.S. Postal Service to establish its new facility on City property adjacent to City Hall. City Council meeting of October 3, 1994 Page 7 Barnes made motion, Miron seconded, to adopt RESOLUTION 94-20, RESOLUTION OUTLINING THE CITY'S PROPOSAL. TO THE U.S. POSTAL SERVICE FOR THE CONSTRUCTION OF A NEW POST OFFICE IN THE CITY OF HUGO. VOTING AYE: Barnes, Brunotte, Leroux, Miron, Stoltzman Motion Carried. City resident, Dean Atkinson, approached Councilman Miron regarding the need for him to obtain a variance prior to construction of a pole barn on his property. He felt that he did not need to pay a variance fee because it was an agriculture building. The attorney stated that agriculture buildings are subject to City ordinances. Miron made motion, Leroux; seconded, to approve the variance request of Dean Atkinson, 13452 Goodview Avenue, to construct a pole building between Goodview Avenue and his residence. All aye. Motion Carried. Miron made motion, Leroux; seconded, directing the City Attorney to draft an opinion regarding City regulations for agriculture buildings, a copy of which is to be provided to Dean Atkinson. All aye. Motion Carried. A citizen complaint regarding a neighbor is to be placed on the next Council agenda. CITY ADMINISTRATOR PERFORMANCE APPRAISAL Leroux made motion, Barnes seconded, to schedule a special meeting of the Hugo City Council for Monday, October 24, 1994, 7:30 PM, for the purpose of conducting a performance review of the City Administrator. All aye. Motion Carried. Leroux made motion, Barnes seconded, to recess tonight's meeting at 10:10 PM until October 5, 1994, at 7:30 PM. All aye. Motion Carried. Mary n Creager Cit lerk