Loading...
HomeMy WebLinkAbout1990.01.02 CC MinutesMINUTES FOR THE REGULAR CITY COUNCIL MEETING OF 1/2:'/9(') The meeting was called to order by Mayor Atkinson at 7:00 PM. RESENT: McAllister, Jesinski, Olson, Atkinson :ity Administrator, k::en Huber City Clerk, Mary Ann Creager ABSENT: Deane Vail Olson made motion, Jesinski seconded, to approve the minutes for the regular City Council meeting of December 18, 1989 as submitted. All aye. Motion Carried. Jesinski made motion, Olson seconded, to approve the claims for the meeting of January 2, 1990 in the amount of $20,173.29. All aye. Motion Carried. CHARITABLE GAMBLING McAllister made motion, Jesinski seconded, that the City of Hugo has no objection to the issuance of a gambling license to the National Ataxia Foundation for the operation of pull tabs at Willie's bl Club, 17255 Forest Blvd., and waiver of the 60 day waiting period. ')11 aye. Motion Carried. )ESIGNATION OF DEPOSITORY OF CITY FUNDS Currently, the official depositories for City funds are the Firstar Hugo Ban4::, the First National Bank of St. Paul, all Twin City Federal offices, the 4M Fund, and Marquette Bank: of Minneapolis. Atkinson made motion, McAllister seconded, to designate the Firstar Hugo Bank, the First National Bank: of St. Paul, all Twin City Federal offices, the 4M Fund, and the Marquette Bank of Minneapolis as the official depositories for the City of Hugo in 1990. All aye. Motion Carried. DESIGNATION OF OFFICIAL NEWSPAPER Currently, the official newspaper for the City of Hugo is the Forest Lake Times. Both the White Bear Press and the Forest Lake Times have requested that they be appointed the official newspaper for the City of Hugo. Atkinson made motion, McAllister seconded, that the Forest Lake Times be designated the official newspaper for the City of Hugo in 1990. All aye. Motion Carried. APPOINT CITY ENGINEER Currently, Mr. Howard Kuusisto serves as the City engineer for the City of Huqo. City Council meeting of January ^, 1990 Wage 22 Atkinson made motion, McAllister seconded, to designate Howard k:uusisto as, the City engineer for the City of Hugo in 1990. All aye. Motion Carried. APPOINT CITY ATTORNEY Currently, Mr. Charles Johnson serves as the City attorney for the City of Hugo. Atkinson made motion, McAllister seconded, to designate Charles Johnson as the City attorney for the City of Hugo in 1990. All aye. Motion Carried. APPOINT CITY PROSECUTORS Currently, Mrs. Sarah Mardell and Mr. Richard Hocking serve as City prosecutors for the City of Hugo. Atkinson made motion, McAllister seconded, to designate Sarah Mardell and Richard Hocking as the City prosecutors for the City of Hugo in 1990. All aye. Motion Carried. APPOINT CIVIL DEFENSE DIRECTOR Currently, Mr. Ron Istvanovich serves as the civil defense director for the City of Hugo. Atkinson made motion, McAllister seconded, to designate Ron Istvanovich as the Civil Defense Director for the City of Hugo in 1990. All aye. Motion Carried. APPOINT FIRE DEPARTMENT OFFICERS Currently, the Fire Department officers are as follows: Ron Istvanovich, Fire Chief, Jim Wisner, 1st Assistant Chief, and Jim Compton, end Assistant Chief. Atkinson made motion, McAllister seconded, to appoint the Fire Department officers for 1990 as follows: Ron Istvanovich, Fire Chief, Jim Wisner, 1st Assistant Chief, and Jim Compton, 22nd Assistant Chief. All aye. Motion Carried. APPOINT ZONING ADMINISTRATOR Currently, the zoning administrator for the Citi; of Hugo is City Administrator, Ken Huber, and the deputy zoning administrator is Jahn Benson. City Council meeting of January 2, 1.990 Page 3 Atkinson made motion, McAllister seconed, that City Administrator, Ken Huber, be appointed Zoning Administrator, and John Benson, Assistant Zoning Administrator, for the year 1990' All aye. Motion Carried. APPOINT CHAIRMAN AND SECRETARY TO PLANNING COMMISSION City ordinances require that the City Council appoint a chairman and secretary to the Planning Commission at the first regular City Council meeting in January' Currently, the chairman of the Planning Commission is Mr. Richard Senkler and the secretary is Carole LaBelle. Atkinson made motion, McAllister seconded, to appoint Richard Senkler as Planning commission Chairman and Carole LaBelle as PC secretary for the year 1990. All aye. Motion Carried. APPOINTMENTS TO PLANNING COMMISSION The term of Mr. Bob Oswald on the Hugo Planning Commission expires 12/31/89. Mr. Oswald has indicated an interest in continuing to serve on the Planning Commission. Appointments to the Planning Commission are for four year terms. Atkinson made motion, McAllister seconded, to reappoint Bob Oswald to the Hugo Planning Commission for a four year term to expire 12/31/93. All aye. Motion Carried. APPOINTMENTS TO THE BOARD OF ZONING ADJUSTMENTS/APPEALS Currently serving on the Board of Adjustments and Appeals is Mr' Bob Ellman, who is the at -large citizens' representative' The Planning Commission will be recommending its appointment to the Board at their 1/24/90 regular meeting. Currently serving in that position is Mr. Richard Senkler. The City Council needs to appoint its representative to the Board. Currently serving in that position is Mr. Bob Olson. Atkinson made motion, McAllister seconded, to reappoint Mr. Bob Ellman and Mr. Bob Olson to serve on the Board of Zoning Adjustments/Appeals for the year 1990. All aye. Motion Carried. APPOINTMENT OF ACTING MAYOR Annually, the City Council has appointed an acting Mayor to serve in the absence of elected Mayor, George Atkinson. Currently serving as acting Mayor is Councilman Deane Vail. Atkinson made motion, McAllister seconded, to appoint Deane Vail as acting Mayor for the year 1990' All aye' Motion Carried' City Council. meeting January 2, 1990 Page 4 ECIAL USE PERMIT - TEEN NIGHT CLUB (WILL HARRIS On behalf of Will Harris Investments, Inc., Mr. Will Harris has made application to the City of Hugo for a special use permit to operate a teenage night club on the premises identified as 17255 Forest Blvd. No., Hugo, Minnesota. The property is legally described as shown on the site plan submitted. Mr. Harris has identified Mr. Murray Wright and Mr. Dave Doris as the proposed managers of this facility. The property in question is currently zoned RB on the west and agriculture on the east. The building is now the home of Willy's 61 Club. It is the intent of the owner to use the entire building and grounds as a teenage night club three days a week from 8:00 PM to 12:00 midnight. The other four days a week: the building will be operated as an adult night club where alcoholic beverages would be served. As per the staff's request, the applicants have now provided an acceptable site plan identifying parking and traffic flow on site. It should be noted that Mr. Harris owns more land than that shown on the site plan, but the only portion of the property that is affected by this special use permit will be that identified on the approved plan. At the November 21, 1989 meeting of the Planning Commission, said Commission indicated its concern regarding the sale of alcoholic beverages on site at the same time the teenage night club would be in operation. The applicants have stated they are requesting a permit for the operation of a non-alcoholic teen night club, limited to ages 1.6 to 20, to be operated a maximum of five consecutive nights, during each calendar week, at the above mentioned location, and a regular night club serving alcohol would be in operation the remaining two nights. All liquor and beer would be locked and inaccessible on teen nights. Bottle liquor would be locked in a storage room, all beer coolers would be locked with bar locks, and all E::eg beer tapping systems would be disconnected". The applicant has indicated that he will expand and improve the parking lot as shown on the site plan this winter. An application has been made with the Minnesota Department of Transportation regarding a second egress from the site in question. The applicants have indicated they will comply with the fire marshall's recommendation regarding installation of fire extinguishers and panic hardware on all exit doors. It was pointed out to the owner that the special use permit runs with the land and building in question, and that he is responsible for seeing to it that the conditions of the special use permit are adhered to if the property is to be managed by someone other than himself. The Planning Commission held a hearing at their meeting of December 27, 1989 to review this request, and recommended approval of the SUP subject to special conditions. McAllister made motion, Atkinson seconded, to approve the amended Special Use Permit for Will Harris Investments, Inc., to operate a teenage night club, for ages 16 to 20 years, on the premises identified as 17255 Forest Blvd. North, according to the site plan submitted. Approval. is subject to the -following special conditions: 1. The maximum occL.ipancy load of 710 will be identified, and a signed statement of such be posted in the entrance to the building in question. �. No entertainment is to be allowed out the buil.dinq wi.ti�out. receivinq prior City Council approval for each event. City Council meeting of January 2, 1990 Page 5 3. A minimum of 237 improved parking stalls, including five handicapped stalls, be provided as required by law. 4. The required parking lot, shown approximately 75' east of the existing building, be of an approved surface of at least 2" of class 5 dolomite over the existing parking area and 6" of dolomite in the new parking area. 5' The parking lot be properly plowed, maintained, lighted, and signed as recommended by the City engineer' 6. At least two parking attendants be on duty while this facility is open unless the parking lot is blacktopped and each parking stall individually marked' 7. At least two uniformed law enforcement officers, holding a full-time peace officer license, be present at all times while the teen night club is open for business. 8. The approved site plan shall be a part of this permit. 9. The main entrance to the building be of a minimum width as required by the fire marshall. 10. Two additional exits must also be provided while maintaining approved operable exit door hardware. 11. Fire appliances must be installed in the building as per the fire chief's requirements 10.301 (A) of the Life Safety Code. 12. All parking areas shown on site plan shall be improved, kept plowed and usable at all times while the facility is open. 13' No parking be allowed on Highway 61 or in the areas identified on the site plan as fire lanes. ` 14. The teen night club will be open from 8:00 PM until midnight for no more than five evenings, which must be consecutive, during each calendar week. At no time shall liquor, wine, beer, or non-alcoholic beer be displayed, sold, or consumed on site, or charitable gambling be conducted, while the teen night club is open for business. 15. No parking shall be allowed adjacent to the north wall of the building east of the exit/entrance doors. No parking will be permitted south of the building. 16. Proper safety precautions shall be taken to prevent patrons from exiting from the south fire door into the exit drive areas' 17' The exit from the east parking lot along the south side of the building be identified on the site plan and the required permits secured from MNDOT to provide the additional exit onto Highway 61. 18. All required permits and liability insurance shall be secured by the owner/operators with limits of liability as recommended by the City attorney. Copies of insurance policies shall be filed with the City annually. 19' A more detailed parking and interior floor plan will be provided and be fully dimensioned as recommended by the City staff. 20. The City staff be allowed access to the property in question at reasonable times to assure compliance with this permit. 21. Failure to comply with the commitments of the applicant or conditions of this special use permit shall be grounds for revocation of same. 22. Entrances and exits at the site shall be identified on the site plan and on the property by proper directional signs' All aye. Motion Carried, City Council meeting of January ?, 1990 Pages 6 MINOR Sl._ BD I V I S I ON ( FRED MACA1 U.S)_ Mr. Fred Macalus and Mr. Dan Ramberg have made application to the City of Hugo for a minor subdivision of an 84 acre tract of land into two residential lots. One lot to be approximately 10 acres in size and the other lot to be approximately 74 acres. Tract A of the subdivision in question has road access to 180th St., and Tract B would have road access to 170th St. via a 60 ft. strip of land being purchased from Mr. Dan Ramberg. Currently, Mr. Macalus has a single family residence on Tract B with a private driveway access to 170th St. In an effort to avoid approving a subdivision that would landlock a large tract such as that identified as Tract B, Mr. Macalus isp oviding a 60 ft. strip of land to 170th St. that could be used for publi7road access to the interior lots if said property were to be subdivided in the future. The property is zoned agricultural and conservancy. The required permits from the Rice Creek Watershed District have been secured, and the appropriate easements dedicated as shown on the enclosed certificate of survey. The applicants are requesting waiver of the formal subdivision requirement. The Planning Commission held a public hearing at their meeting of 12/27/89 to review this request at which time said Commission unanimously recommended approval of this minor subdivision and waiver of the -formal platting requirements. McAllister made motion, JesinsE.-:i seconded, to approve the final certificate of survey #1_2-90 for Fred Macalus and Dan Ramberg, for the subdivsion of an 84 acre tract of land into two residential lots, and waiver of the formal platting procedure. This minor subdivision approval is subiect to the following special conditions: 1. The purchase of the 60 ft. wide strip of land from Dan Ramberg to provide access to 170th St. for Tract B be completed, and an application be made to the Washington County Auditor for consolidation into a single lot as shown on the certificate of Survey. 2. No further subdivision of Tract B of this certificate of survey be permitted without the formai platting of the property and construction of an approved public roadway to the site. 3. The final survey must be submitted to the City Council within 90 days of preliminary survey acceptance or City Council approval shall be null and void. 4. All conditions of survey approval must be met prior to the stamping of any deeds for recording by the city clerk unless otherwise permitted by Council action. 5. The property lines on site must be identified by the applicants to assure proper setbaccF::s when buildings are to be constructed, if required by the building inspector. 6. Proposed driveways or drainage areas within the development must include installation of a minimum 15" diameter corrugated metal culvert in a manner acceptable to the City. 7. All fees relating to this subdivision shall be paid by the applicant including the cost of recording documents with Washington County. City Council. meeting of January �', 1990 -age 7 3. Any driveway permits requiring access to Highways or county roads may not be issued until. the necessary permits are s( -cured from Washington County MNDOT . 9. Percolation tests for each buildable site must be submitted to the City prior to final survey approval. 10. Payment of fee in lieu of par[. -.land dedication shall be paid to the City ($175.00). 11. This approval shall be granted with the understanding that said subdivision does not create any landlocked parcels by the petitioner and land owner. 12. No improvements, landscaping, or gradinq shall be permitted in the defined drainage areas without the express written authorization of the City and the approved watershed districts. 13. All property owners shall be responsible for maintenance of drainage areas within easements on their property. 14. Developer shall comply with all requirements and restrictions applicable to identified wetlands. 15. Legal descriptions of all parcels to be subdivided should be included. 16. The developer shall permit access to the referenced site for periodic inspection to assure conformance with the subdivision. All aye. Motion Carried. REVIEW FISCAL POLICY rhe City Council received a copy of the current fiscal policy for the City of Hugo as adopted by the City Council (Resolution 1987-65). Members of the City Council have suggested it might be appropriate to review the City's current fiscal policy for possible modification. The City's finance director will prepare a summary of the City's financial situation as it relates to dedicated and undedicated cash balance. BESA PERMIT INTERPRETATION Recently, the officers of the Bald Eagle Sportsman Association have contacted the City with regard to an interpretation of their Special Use Permit as it relates to the second sentence in Item #15 of the permit. The interpretation being requested involves the intent of the permit with regard to use of the facility by youth groups, firearm safety programs, law enforcement agencies, and the civilian marksmanship program. Was it the intent of the City to require that one out of every four people in the above mentioned groups be a member of the BESA'? If it was not intent of the City to make this a requirement of the above referenced groups, the Association is requesting a letter from the City clarifying this issue. If it was the intent of the City to require that one out of every four - members present of the group in question be a member of the BESA, then the Association is requesting a modification in the permit to reflect xempting these groups from the provisions of the second sentence in Item 415 of the permit. It was the consensus of the City Council that Item •gas intended to require that one out of every four people present on days ether than Saturday and Sundry, be a member of the BESA. Should the BESA like a modification in Item ##f15, a specific request should be S:ubm.i.tted t(n the City CGllnCil i.n writi.nq. City Council meetinq of January 2, 199C) Page c 9.5 RESOLUTION. DECLARING COSTS TO DE. ASSESSED AND ORf)ER PREPARATION OF PROPOSED D ASSESSMENT -;:1=E�U�TECT 5- c3c`3£c L With the road construction for the City's Capital Improvements Program, Phase 1, near completion, the City staff and City engineer have finalized costs for this project, and are recommending that the Council direct preparation of the assessment rolls for the conducting of the required assessment hearing later this winter or early spring. Atkinson made motion, Olson seconded, to adopt RESOLUTION 1990-1, RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING P'REP'ARATION OF P'ROP'OSED ASSESSMENT FOR CAPITAL-IMP'ROVEMENT PROJECT PHASE 1 #5--88B. VOTING AYE: McAllister, Motion Carried. CHILD ABUSE PROSECUTION Jesinski, Olson, Atkinson McAllister made motion, Jesinski seconded, directing the City Administrator to forward a letter to the City's prosecuting attorney, Sarah Currie Mardell, authorizing her to contact the Washington County Attorney, Richard Arney, stating that the County should continue to handle prosecution of child abuse cases at no charge to the City of Hugo. All aye. Motion Carried. MISCELLANEOUS City Administrator, Ken Huber, reported on the status of the senior citizen housing project to be constructed on property adjacent to the Church of St. John the Baptist. He has recommended that the interested parties obtain rezoning and subdivision approvals from the City so that the project can proceed es:peditiously after resolution of all the concerns. Olson made motion, Atkinson seconded, to adjourn at 8:15 PM. All aye. Motion Carried. . 2'Mary n Creager, City ]. rk: Cit Huqo