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HomeMy WebLinkAbout1992.09.08 CC MinutesMINUTES FOR THE CITY COUNCIL MEETING OF SEPTEMBER 8. 1.99 The meeting was called to order by acting Mayor, Fran Miron, at 7:(--)(-) PM. 'RESENT: Barnes, Brunotte, Leroccx, Miron 3ity Administrator, Bob MUseUS City Attorney, Charles Johnson City Engineer, Howard MUUsisto City Clerk, Mary Ann Creager Attorney, Jeff Carson Visitor from Enqland, Roger Heath ABSENT: Stoltzman LeroUX made motion, BrUnotte seconded, to approve the minutes -for the Council meeting of August 17, 1992, as submitted. All aye. Motion Carried. Barnes made motion, Brunotte seconded, to approve the claims for September 8, 1992, in the amount of $31,585.13. All aye. Motion Carried. P'ROP'OSED CHANGE TO CABLE FRANCHISE ORDINANCE a public hearing was scheduled for '7:(--)5 PM to consider amendinq the C'.ity's ;able Ordinance by deletion of the public's authority to use the program equipment, currently made available to the Ramsey/Washington County (,able:: Television Commission. This ordinance change is made necessary by an amended agreement between the Ramsey/Washington County Cable Television Commission and Cable TV North Central. The public hearing was opened with no written or oral comments. LeroUX made motion, Brunotte seconded, to adopt ORDINANCE 1992-275, AN ORDINANCE AMENDING CABLE COMMUNICATIONS FRANCHISE ORDINANCE 89-25.7 AMENDING PROVISIONS TO LOCAL PROGRAMMING. VOTING AYE: Barnes, Brunotte, LeroUX, Miron Motion Carried. PROPOSED SETTLEMENT AGREEMENT FOR SCHUMANN CASE Eased on Council guidance, and negotiations bet.a)een the City's at -'Lorne.-;,- and David and Carol Schumann's attorney, a proposed Settlement Agra• F-!(r,ent has been developed as final settlement between the City of Huge t_Itie Schumann's. The settlement, as proposed, incle..cdes the f-._,l.lnwirIc_t Stipulations: 1. The settlement resolves both the 'litigation between the ("'ity cif and the Schumann's, as well as between certain e,. ­City offici.�t:i. the Schumann's. 2. The City will recognize the nonconforming status of the SchU1T1&.,n!-, i:.. business through the issuance of a license to operate a jUnE:. ./and cin the Schumann's property , and the issuance of a Special Use Permit:.. which will outline the authorized extent of the Schumann's oper•a.ti.ons. . A cash payment. of $40,000 to the Schumann's. City Council meeting of September 8, 1992 Page 2 The Mayor and Councilwoman Barnes felt that the Agreement should contain a "sunset provision", which would, in time, close the business. Councilwoman Leroux; felt that the "economics" of the business would cause it the cease operations in the future, and that in general, the community wanted this.matter settled. The Council heard comments from the public regarding the approval/denial of the Agreement. Brunotte made motion, Leroux: seconded, approving the Settlement Agreement between the City of Hugo and David and Carol Schumann, and authorizes the Mi4yor and City Clerk to sign said Agreement on behalf of the City. VOTING AYE: Brunotte, Leroux:, Miron VOTING NAY: Barnes Motion Carried. PROPOSED FORMAT, REQUEST FOR P'ROP'OSALS CITY AUDITING SERVICES Based on instructions received from the Council, the City's Finance Director, Ron Otwin, prepared a Request for Proposals in order for the City to advertise for professional services in the auditing of the City's financial records for 1992, 1993, and 1994. With Council approval, the Finance Director will advertise, and seek, proposals a-- outlined in the RFP. Leroux: made motion, Brunotte seconded, authorizing the F-inance Director to proceed to obtain bids for 1992, 93, 94 auditing services. All aye. Motion Carried. PROPOSED GARAGE ORDINANCE' The Planning Commission reviewed the proposed changes to the City's Zoning Ordinance, as it pertains to the size and construction of garages in the City of H.e.)o. The PC' :.=.a recommended adoption of the ordin ,nce, as presented. Leroux made motion, Barnes seconded, to schedule a public hearing for October 19, 1992, at 7:05 PM, to consider the proposed changes to the City's Zoning Ordinance as it pertains to the size- and construction of garages in the City of Hugo. All aye. Motion Carried. REQUEST FOR EXIENSION 0i= ("LOSE OUT DATE ZAP GAM[. -_S') The City received a request from Midwest. Paintbal2 , dba 2:AF!' nc. , to allow them to continue operations in Hugo until Uctober ".. 1.992. 1'ne basis for their request is that this would allow them to cont.i.nU operations through their normal game season. Leroux; made motion, Miron seconded, to approve and extern -ion of ti.rne for Zap Games, Inc. , to continue operations in Hugo until October 25, 199:'. VOTING AYE: Barnes, Leroux:, Miron VOTING NAY: Brunotte Motion Carried. City Council meeting of September 9, 19'22 Page _ �UF' RE V T El►J S BALI) EAUL.E : tiF•'Of-;'1"'Sr1AtJ ASSti) In accordance with the terms of the SUP granted to the BESA for the operation of their shooting facility in the City of Hugo, biannual review of their permit is required this Fall. For Council consideration is a summary of those complaints received on the Association during the last two years: rapid-fire shooting on August 15, 1992, and shooting before hours on July 31, 1992. Due to the Association's long-standing presence in the City of Hugo, and the limited number of complaints received, staff recommends the Council conduct an administrative review of the SUP. Councilwoman Barnes requested that the City acknowledge receipt of the letter of complaint. Miron made motion, Brunotte seconded, that no public hearing be held for review of the Bald Eagle Sportsman Association's SUP, and the Council and staff will conduct an administrative review. All. aye. Motion Carried. LAPLANT VARIANCE Paula and Ken L_aP l an t have requested a variance to the C.i ty " s front yard setback requirements in carder to construct an addition to their home at 5571 141st Street. Due to the lack of a quorum at. the Board of adjustments and Appeals meeting of August. 26th, this matter was forwarded to the City Council without. recommendation. __eroux made motion, Barnes s seconded, to approve the request. of Paula and Ken LaPlant for a 5' variance to the'City's front yard setback requirements in order to construct an addition to their home at 5:571 141st Street.. The following is the basis used for variance approval: I.. Construction of the addition, as proposed, will the allow the existing basement windows to remain. 2. It. will avoid the need to relocate a 500 -gallon oil. tank. 3. The appearance of the property would be improved by a closer alignment of the front of the house with an existing garage. All aye. Motion Carried. MUELLNEF; REZONING Leo Muel lner has requested that the City rezone a portion of his pr-opert-,..' located at. 17901 Inwood Avenue from conservancy to agriculture. The subject lot currently '...'s split by Inwood (-'i'`:+'fr't'1ue, with .:a1:ij::i;:..(:?:>`::.ma'►:.ta' ! y 1.'.. acre= on the east side of inwood zoned agriculture, and i6 acres on We west side of Inwood zoned conservancy. Hr., h`uellner claims -a hardship in financ:ir.g_ this property due to its large size, and wishes ►::.:e rezoning :i.r-: into s:6_��. acres one 10 -acre parcel on the east order thief. he may split the;,r.. �- side of Inwood and one16-acre parcel on the t•;ect, c-id(ii;• of Inwood. zoning, Under he property's current thisaplit would create an ;._inns--•rsa.zea aarcel in the conservancydistrict r, _ , west _..1.ciF• of i ; i w r.. r..• d Avenue. F•: •!•. their meeting of August ':, 1d :, the Planning _.:orncn:.<.->s:.z.;::;--; •-k-_c:cyrr.mFndE•d approval of the zoning change. City Council meeting of September 8, 1992 Paae 4 Leroux: made motion, Miron seconded, to adopt ORDINANCE 92-276, AN ORDINANCE AMENDING CHAPTER =+20 OF THE HUGO CITY CODE ENTITLED "ZONING" BY AMENDING THE ZONING CLASSIFICATION OF THE DESCRIBED REAL PROPERTY. VOTING AYE: Barnes, Brunotte, Leroux;, Miron Motion Carried. PETERSON SUBDIVISION Keith and Barb Peterson rec4Uested a minor subdivision of their property located at 6520 132nd Street in Hugo, MN. The 39.8 acre parcel is proposed for subdivision into three lots, consisting of two ii) acre parcel=_ and one 2(--) acre parcel, for residential use. At their meeting of August 26, 1992, the Planning Commission recommended approval of the subdivision, and waiver of the formal platting procedures, subject to approval by the RCWD, the DNR, and payment of the parkland dedication fee. Miron made motion, Barnes seconded, to approve final Certificate of Survey #9-8-92 for M.eith and Barb Peterson, waiver of the formal platting procedures, for the subdivision of 39.8 acres into three parcels, consisting of two 10 acre parcels and one 20 acre parcel. Approval is subject to approval by the RCWD, the DNR, and payment of the parkland dedication fee. All aye. Motion Carried. ROSE OF SHARON MANOR SUBDIVISION Rose of Sharon, In., requested a subdivision of their property located between 132nd Street and 137th Street in the City of Hugo. This subdivision would split two existing parcels into four parcels ranging in size from 18.46 acres to 25.08 acres. At their meeting of August 26, 1992, the Planning Commission recommended approval of the subdivision, variance to lot--.ridth fronta�,..--, waiver of the formal platting requirements, and payment of the parkland dedication fee. Miron made motion, Brunott.e seconded, to approve Certificate of S<<rvey #9-8-92(2) for Rose of Sharon Manor, waiver of the formal platting procedures, and a variance to lot -width frontage, for the subdivision of 85 acres into five parcels. Approval is subject to payment of the parkland dedication fee. All aye. Motion Car-izd. ELLEN ST. SAUVER SUBDIVISION Ellen St. Sauver requested a minor subdivis-on of her prop-erty located at 15879 Jeffrey Avenue North. The current 79 -acre parcel would be subdivided into two 10 -acre parcels, and one 59 -acre parcel. 'The two 10 -acre parcels created would be for residential purposes. The 59 --acre parcel would continue to be used for agricultural purposes. At their meeting of August 26, 1992, the Planning Commission recommended approval of the subdivision, waiver of the formal platting procedures, and payment of the parkland dedication fee. City Council meeting of September 8, 1992 Page 5 Brunotte made motion, Barnes seconded, to approve Certificate of Survey #9-8-92(3) for Ellen St. Sauver, and waiver of the formal platting procedures, for subdivision of 79 acres into two 10 acre parcels and one 59 -acre parcel. Approval is subject payment of the parkland dedication fees. All ave. Motion Carried. CONTRACT APPROVAL (AERIAL TOPOGRAPHY SERVICES) The Council received a copy of a contract for aerial surveying services to be provided by MARKHURD, as part of the development of the City's water management plan. Included for review was a memorandum outlining the current estimate of cost for the plan's completion. Leroux made motion, Barnes seconded, that the City of Hugo enter into a contract with MARKHURD for aerial surveying services as part of the Cit-,,/"-- water it;/"swater management plan. All aye. Motion Carried. RESOLUTION APPROVING GRANT APPLICATION FOR DEVELOPMENT OF SHORELA_ND_ MANAGEMENT" REGULATIONS ww `� The Council received a draft resolution approving a grant application for funds to assist the City in revising its shoreland management regulations, as required by recent changes in State law. In order to assist the City in meeting the State's requirements, the DNR is providing a 50% match for City costs in developing new shoreland management regulations, up to a maximum of $5,000. In order to receive the DNR funding, the City must return the resolution by October 1, 1992. Completion of the new shoreland management regulations must be completed by September 1, 1994. I would recommend the consideration of new shoreland management rules, in conjunction with the pending revision of the City's Zoning Ordi.nai-ice. Miron made motion, Brunotte seconded, to adopt RESOLUTION 1992-25, RESOLUTION AP'P'ROVING GRANT AP'P'LICATION FOR DEVELOPMENT OF SHORELAND MANAGEMENT REGULATIONS. VOTING AYE: Barnes, BrUnotte, LeroUX, Miron Motion Carried. STATUS RE��ORT LIN C I P�, PHASE 2 _( M::UUS I STO_1 Based on Council request, Howard M:LAU5i5to, the City's conSUlting engineer, provided a letter indicating the status of the City's CIP, Phase 2. The street improvement contract has not been completed at this time. MISCELLANEOUS Miron made motion, LerOUX secondled, that the first City Council ir+ December, 1992, will be held on Wednesday, December 9th, in conjUnctic_in with the required Truth in Taxation public hearing. All aye. Motion Carried. City Council. meeting of September 8, 1992 Page 6 The Council was reminded of the joint meeting with the Planning Commission on September 16, 1992, at 7:30 PM, for Comprehensive Plan development. A neighbor of the Rice Lake Meadows subdivision project was present to complain about the blockage of access to his property. City Engineer, Howard Kuusisto, will follow up on the complaint. Leroux made motion, Barnes seconded, to adjourn at 9:02 PM. All aye. Motion Carried. Mary Creager, Ci Cler6: City Hugo