Loading...
HomeMy WebLinkAbout1993.08.02 CC MinutesMINUTES FOR THE CITY COUNCIL MEETING OF AUGUST 2. 1993 The meeting was called to order by Mayor Stoltzman at 7:00 PM. PRESENT: Barnes, Brunotte, Leroux, Miron, Stoltzman City Administrator, Bob Museus City Attorney, Greg Galler City Engineer, Howard Kuusisto City Clerk, Mary Ann Creager Leroux made motion, Brunotte seconded, to approve the minutes for the City Council meeting of July 19, 199•_x, as submitted. All aye. Motion Carried. Brunotte made motion, Barnes seconded, to approve the claims for August 2, 1993, in the amount of $115,055.32. All aye. Motion Carried. GAMBLING PREMISES PERMIT (NATIONAL ATAXIA FOUNDATION) The National Ataxia Wayzata Foundation applied for renewal of their permit to conduct charitable gambling activity at Carpenter's, 14559 Forest Blvd., Hugo, MN. This organization has conducted charitable gambling activity at this location for a number of years, and staff recommended approval of the permit. Miron made motion, Brunotte seconded, to approve the Gambling Premise Permit for the National Ataxia Wayzata Foundation to conduct charitable gambling at Carpenter's, 14559 Forest Blvd., Hugo, MN, and waiver of any waiting period required for this license. All aye. Motion Carried. VARIANCE REQUEST (SCHUETT) Mike and Faye Schuett applied for a variance to construct a garage in front of their residence at 9915 170th Street North. Hugo City Code, Chapter ._•20-4(C), allows for unlimited accessory storage on parcels of 20 acres or more in the City's agriculture district. Staff recommended approval of the variance. Leroux made motion, Brunotte seconded, to approve the variance request of Mike and Faye Schuett, 9915 170th Street, for the construction of a 24' x 26' detached garage in front of their residence. Approval of the variance is based on the following: existing agricultural buildings between the residence and 170th Street, the tree line providing blockage of view from 170th Street, and the location of the dwelling. The proposed garage is to be used for residential purposes only. All aye. Motion Carried. VARIANCE REQUEST (ECKER) Arnold Ecker requested a variance for the construction of an addition on his home at 10264 122nd Street North. The variance would provide for dity Council meeting of August 2, 1993 Page 2 construction of the addition 16' from a side yard, where 20' is required, and 27' from the rear property line, where 50' is required. The Hoard of Zoning Adjustments considered this application on July 28, 1993, and found that Mr. Ecker owned six lots adjacent to his dwelling, all considered undersized under the City's zoning ordinance for an agriculture district. If Mr. Ecker was to combine Lots 3 and 8 into a single lot under his ownership, he would not require a rear yard setback variance, and would also resolve an issue surrounding the location of his garage straddling the property line between Lots 3 and 8. The Zoning Hoard of Adjustments, therefore, recommended granting of a 4' side yard variance contingent upon consolidation of Lots 3 and 8 of the Zahler's Acre subdivision into one parcel of record. Miron made motion, Brunotte seconded, to approve the variance request of Arnold Ecker, 10264 122nd Street, for the construction of an addition to his residence 16' from the side yard, where 20' is required. Approval is subject to Mr. Ecker consolidating Lots 3 and 8 of the Zahler's Acre subdivision into one parcel of record. All aye. Motion Carried. VARIANCE REQUEST (DEBRA SCHWARTEN) Debra Schwarten requested a variance to construct a 32' x 28' detached garage on her property at 6035 180th Street. The variance would provide for the garage to be located 10' from the side yard property line, where 20' is required in the agricultural district, and constructed in front of the residence. The Zoning Hoard of Adjustments considered this request on July 28, 1993, and recommended approval of the variance. Miron made motion, Barnes seconded, to Debra Schwarten, 6035 180th Street, for detached garage 10' from the side yard, front of the residence. All aye. Motion Carried. MINOR SUBDIVISION (DISTLER) approve the variance request of construction of a 28' x 32' where 20' is required, and in John and Mary Distler applied to subdivide the N 1/2 of the SE 1/4 of the SE 1/4 of Section 1, T31N, R21W, Washington County, into two 10 -acre parcels. The Hugo Planning Commission considered this request on July 28, 1993, and recommended approval subject to the City's receipt of RCWD approval, establishment of an approved driveway easement to the southerly lot, and payment of the City's parkland dedication fee. Leroux, made motion, Miron seconded, to approve the Minor Subdivision for John and Mark Distler to subdivide 20 acres into two 10 -acre parcels. Approval is subject to submission of permits from the RCWD and the DNR, if required, and establishment of an approved driveway easement to the southerly lot. All aye. Motion Carried. City Council meeting of August 2, 1993 Page 3 Because of hardships on the seller and the purchaser, the Distlers requested waiver of the $175.00 parkland dedication fee. Stoltzman made motion, Barnes seconded, to deny the Distler's request for waiver of the parkland dedication fee. VOTING AYE: Barnes, Brunotte, Stoltzman VOTING NAY: Leroux, Miron Motion Carried. PRELIMINARY PLAT (SUNSET LAKE RIDGE) Thomas Frampton applied for preliminary plat approval for the subdivision of the S 1/2 of Section 34, T31N, R21W, Washington County, into 10 residential lots. The Hugo Planning Commission considered this request on July 28, 1993, and recommended approval of the preliminary plat subject to special conditions. Gary Vizenor, representing Mr. Frampton, appeared before the Council. Councilwoman Barnes felt that the developer should move lot lines in order to maintain the integrity of the 5 -acre lot size requirement, and was concerned with an on-site septic system on a 4 -acre lot. The lots should be designed around drainage rather than section lines. Miron made motion, Leroux seconded, to table this matter to allow the developer time to submit a revised preliminary plat, and work with City staff to identify drainage concerns. All aye. Motion Carried. PLAN APPROVAL RESOLUTION (CSAH 4) Washington County Public Works Department intends to improve CSAH 4 from Ingersoll Avenue east to County Highway #15. The improvements include establishment of 8' shoulders on the highway and bituminous overlay. The County needs a resolution from the City of Hugo approving the project, as required by regulations governing state aide street funding. Stoltzman made motion, Brunotte seconded, to approve RESOLUTION 199•-10, RESOLUTION APPROVING WASHINGTON COUNTY PUBLIC WORKS IMPROVEMENT OF CSAH 4 FROM INGERSOLL AVENUE EAST TO COUNTY HIGHWAY #15. VOTING AYE: Barnes, Brunotte, Leroux, Miron, Stoltzman Motion Carried. FIRE DEPARTMENT MISSION STATEMENT Don Parsons and Greg Burmeister, representatives of the Hugo Volunteer Fire Department, were at the meeting to discuss and answer questions relating to the Mission Statement. Leroux made motion, Brunotte seconded, to accept the Fire Department Mission Statement, as submitted. All aye. Motion Carried. City Council meeting of August 2, 1993 Page V Leroux, made motion, Miron seconded, to invite the Fire Department to a workshop to discuss department concerns. All aye. Motion Carried. Miron made motion, Barnes seconded, designating the term for the acting Fire Chief, Jim Wisner, until December 31, 1993. All aye. Motion Carried. DEVELOPMENT AGREEMENT (RICE LAKE MEADOWS 2ND ADDITION) Based on Council guidance and negotiations with the developer, a revised Development Agreement, between the City of Hugo and Kenco Construction, was prepared for development of the subdivision of Rice Lake Meadows 2nd Addition. Staff recommended approval of the Agreement, as presented. There was further discussion regarding the lowest floor elevation, responsibility for drainage easements, creation of a storm sewer taxing district, updated ground water elevation, and pad elevations. Barnes made motion, Miron seconded, directing City staff to contact the engineering firm of record for the Rice Meadows 2nd Addition project, and request that they verify the high ground water elevation for use in determining building slab elevations. All aye. Motion Carried. Miron made motion, Leroux seconded, to approve the Development Agreement for Rice Lake Meadows 2nd Addition, between the City of Hugo and Kenco Construction, and authorize the Mayor and Clerk to sign said Agreement on behalf of the City. All aye. Motion Carried. DEVELOPMENT AGREEMENT (COUNTRY PONDS) The Council received a revised Development Agreement between the City of Hugo and Arlington Properties, a Minnesota partnership, for the development of a subdivision known as Country Ponds. Staff recommended approval of the Agreement, as presented. There was a lengthy discussion regarding the judicial/private ditch running from the project to Highway 61. Residents living adjacent to the ditch were concerned with the possible negative impact on the ditch from the Country Ponds subdivision. Stoltzman made motion, Brunotte seconded, to table this matter until the meeting of August 16th to allow time to verify what, if any, conditions were placed on the project by the RCWD. Barnes made motion, Leroux seconded, amending the previous motion to include directing the City staff to contact the engineering firm of record for the Country Ponds subdivision, and request that they verify the high ground water elevation for use in determining building slab elevations. VOTE ON AMENDMENT: All aye. Motion Carried. VOTE ON ORIGINAL MOTION: All aye. Motion Carried. City Council meeting of August 2, 1993 Page 5' MINING PERMIT (RIVER CITY ASPHALT) Richard A. Carron and Darrel Hansen applied for renewal of their mining permit to mine sand, class 5 gravel, bituminous mix materials, and clay at the NW 1/4 of SW 1/4 of Section 23, T31N, R21W. Given the litigation in progress regarding expansion of this activity into adjacent property, the City Council requested an opinion from the City Attorney regarding the appropriateness of renewing this mining permit. Based on his letter of July 15, 1993, staff recommended that the mining permit be renewed subject to special conditions. Barnes made motion, Stoltzman seconded, to approve the request of Richard A. Carron and Darrel Hansen for renewal of their Mining Permit to mine sand, class 5 gravel, bituminous mix materials, and clay. Approval is subject to the previous conditions and the following additional conditions: 1. All current conditions of the SUP dated July 1, 1992 continue. 2. The permit shall specifically state that it is being issued on the condition and for the purpose of maintaining the status quo during the pending litigation, and that the issuance of the permit in no way forgives what the City believes to be violation of last year's permit. The permit should specifically state that mining is to take place only in the subject 40 acres, and the City does not grant any permission to do any other mining or excavation work on any other adjacent areas of property. The City also reserves the right to take whatever steps the City deems proper in order to enforce the terms of the permit irrespective of the past actions of the applicants. 3. The applicant shall prepare and provide the City a detailed site -restoration plan by February 1, 1994, to include: a. Proposed final use of the property. b. A grading plan with 2' contour intervals. C. Top soil restoration. d. Plans for revegetation, including seed mixes, fertilizer rates, and mulches. e. A specific timetable for the conduct of all such restoration work. VOTING AYE: Barnes, Brunotte, Leroux. Stoltzman VOTING NAY: Miron Motion Carried. SPECIAL USE PERMIT (STOLTZMAN) At the Council meeting of July 19, 1993, the City Council tabled action on a proposed SUP for Laura and Walter Stoltzman until the meeting of August 2, 1993. The Council reviewed a revised Agreement. Miron made motion, Leroux, seconded, to table this matter unit September 7, 1993, to allow further consideration of the proposed Agreement. VOTING AYE: Barnes, Brunotte, Leroux, Miron ABSTAINED: Stoltzman Motion Carried. City Council meeting of August 2, 1993 Page (o ENGINEER'S REPORT ON CONDITION OF 130TH STREET During the Council meeting of July 19, 1993, the City Council requested the City's consulting engineer review the condition of 130th Street, between Highway 61 and Goodview Avenue. City Engineer Kuusisto was present to report his findings to the Council. Barnes made motion, Miron seconded, to schedule further discussion of this matter at a meeting in September, 1993. All aye. Motion Carried. INTERIM STRATEGY TO REDUCE NON -POINT POLLUTION The City received a response from the Met Council regarding the minor MUSA amendment requested as part of the Country Ponds development. The City was informed that prior to processing of this amendment, the City is required to adopt a policy regarding reduction of non -point pollution. The Met Council provided a recommended policy statement to be adopted by the City. As this is an amendment to the City's Comprehensive Plan, it will require a public hearing by the City's Planning Commission. Staff recommended that a hearing be scheduled for August 25, 1993. Leroux made motion, Barnes seconded, directing City staff to have a representative from the Met Council address the Council regarding this matter before any formal action is taken. All aye. Motion Carried. BUDGET WORKSHOP Staff requested that the City Council set a special meeting date to review the status of the City's 1993 budget, as well as establish priorities for 1994. Stoltzman made motion, Leroux seconded, to schedule a budget workshop for Monday, August 9, 1993, at 7:30 PM. All aye. Motion Carried. FIRE DEPARTMENT APPOINTMENTS Acting Chief, Jim Wisner, recommended that Martin Schwartz, Jeffrey Johnson, and Brett Kostuch be appointed to serve on Hugo's Volunteer Fire Department. Leroux made motion, Brunotte seconded, to approve the appointments of Martin Schwartz, Jeffrey Johnson, and Brett Kostuch to serve on the Hugo Fire Department, effective August 2, 1993. All aye. Motion Carried. City Council meeting of August 2, 1993 Page 7 MISCELLANEOUS Leroux made motion, Barnes seconded, to paint the new water tower the same color as the existing tower at Hugo City Hall. All aye. Motion Carried. FIRE PUMPER BID Leroux made motion, Brunotte seconded, to sell the 1959 International Harvester Pumper to the high bidder, Manny Collonna, in the amount of $653.53. VOTING AYE: Barnes, Brunotte, Leroux, Miron VOTING NAY: Stoltzman Motion Carried. STANFORD KRUEGER Leroux made motion, Brunotte seconded, that the Stanford Krueger overpayment issue be forwarded to the Washington County Attorney for prosecution. All aye. Motion Carried. Barnes made motion, Miron seconded, to extend the meeting past 11:00 PM. All aye. Motion Carried. LAKE AIR ESTATES DRAINAGE Councilwoman Barnes stated that she was present at a meeting with residents of Lake Air Estates, where discussion continued on the drainage problems in their subdivision. It was her opinion that an independent engineering firm should review this matter for possible resolutions. Barnes made motion, Miron seconded, authorizing the City Administrator to select an engineering firm to review the drainage problems in the Lake Air Estates subdivision prior to the City Council taking formal action on a remedy. VOTING AYE: Barnes, Leroux, Miron VOTING NAY: Brunotte and Stoltzman Motion Carried. Councilman Miron read a letter addressed to Mayor Stoltzman, written by Councilman Leroux, regarding actions of the Mayor. Brunotte made motion, Miron seconded, that City staff schedule a workshop to address issues and duties of the Mayor and City Council. All aye. Motion Carried. City Council meeting of August 2, 1993 Page 8 Hrunotte made motion, Leroux seconded, to adjourn at 11:30 PM. All aye. Motion Carried. Mary Creager City erk