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HomeMy WebLinkAbout1990.04.16 CC MinutesMINUTES. FOR THE CITY COUNCIL. MEETING OF' APRIL 1.6 , 1990 The meeting was called to order by Mayor Atkinson at 7:i>(? PM. PRESENT: McAllister, Jesinsk:i, Olson, Vail, Atkinson City Administrator, F`:en Huber City Attorney, Charles Johnson City Clerk: Mary Ann Creager McAllister made motion, Olson seconded, to approve the minutes for the regular City Council meeting of April ^, 1990 as submitted. All aye. Motion Carried. Vail made motion, Olson seconded, to approve the claims for April 16, 1990 in the amount of $48,292.47. All aye. Motion Carried. HUGO LIONS CLUB -2' NON -INTOXICATING LIQUOR LICENSE McAllister made motion, Vail seconded, to grant approval of an on -sale •'.2. beer license to the Huqo Lions Club to sell alcoholic beverages during a softball tournament on April 28 and ^9, 1990, and during Good Neighbor Days on June 8, 9, and 10, 1997. All aye. Motion Carried. RESOLUTION APPOINTING FINANCIAL CONSULTANTS AND AUTHORIZE PARk:: ACQUISITION As per Council direction, the City Attorney has proceeded with negotiations to acquire a 75 acre tract of land for the expansion of the City's park:: system and other public purposes. To proceed with the financing of this project, it is necessary to pass the appropriate resolution appointing the City's financial consultants, and authorize the tak::ing of the property by eminent domain if a negotiated purchase arrangement cannot be reached. The property is generally desribed as the N 1/21 of the NE 1/4 of Section 28, T31N, R 1W, except the Easterly five acres thereof. Hearing no public comment, the Mayor called for a motion. Vail made motion, Jes•i.nsk:i seconded, to adopt RESOLUTION 1990-11, RESOLUTION APPOINTING FINANCIAL CONSULTANTS AND AUTHORIZING FINANCING AND PURCHASE_ OF LAND FOR PUBLIC PURPOSE. VOTING AYE: McAllister, Jesinsk::i, Olson, Vail, Atkinson VOTING NAY: None Motion Carried. CONSIDERATION OF SUP REVOCATION (S. K-.RUEGER) At the April. 2, 1990 regular meeting of the HUga City Council, this matter was reviewed in depth, along with the minutes of the Planning Commission, at which time the SUP #1987 -77 -SUP was considered for revocation. At the above referenced meeting, Mr. Krueger"s attorney ack.nowIedged that his City Council meeting of April 16, 1990 Page 2 client had errored in not complying with conditions 7 and 10 of the SUP, and requested an extension of time to bring this property into compliance. It was noted that Mr. Krueger has a substantial investment in the land an(- building mbuilding on site, and that no real purpose would be served by forcing Mr. Krueger to remove this $10,000 structure. The City Council, at their 4/2/90 meeting, indicated they might consider an extension of the SUP if Mr. Krueger would enter into a formal written agreement with the City assuring compliance with the SUP within a reasonable period of time. Gerald Carroll, attorney for Mr. Krueger, was present and stated that the $5,000 financial guarantee was a hardship on his client, and requested that the previous $1,000 deposit, since forfeited, could be used as the City was considering the extension for Mr. Krueger to obtain his building permit. Councilman McAllister stated that this meeting was not being held to negotiate the terms of the agreement as certain concessions had been made at the Council meeting of 4/2/90. McAllister made motion, Olson seconded, that the City authorize the Mayor and Clerk to sign the Performance Agreement between the City of Hugo and Stanford D. and Sandra E. Krueger, as revised by the City Attorney, to include the following: 1. A performance deposit of $5,000 will be required. 2. Construction of Mr. Krueger's residence is to be completed within 12 months from building issuance. ._.. Mr. Krueger's inability{ to sell his existing home will not be considered a "condition beyond Mr. Krueger's control" as outlined in #4 of the original draft. 4. Conditions of Special Use Permit are 3, 8, and 10 from the original permit. 5. Mr. i*.rueger's SUP shall be amended to conform with the Permformance Agreement. Failure of Mr. &< Mrs. Krueger to sign the Agreement, and provide the performance deposit prior to May 7, 19900 will result in this matter being placed on the agenda for the City Council meeting of May 7, 1990 for SUP revocation. All aye. Motion Carried. JOINT POWERS AGREEMENT ( WASHINGTON COUNTY HRA) In conjunction with the site plan approval for Dyna Glass, Inc./Photo Tech Products, the City Council indicated its support for the use of industrial. development bonds to finance acquisition and improvements on the site identified as the east 127' of Lot T, Block: 2, Bald Eagle Industrial Park, Hugo, MN. To pursue the sale of $275,000 in industrial development bonds, the City must enter into a Joint Powers Agreement with the Washington County HRA authorizing them to proceed with this request. The proposed resolution represents the draft Joint Powers Agreement as reviewed and modified by the City Attorney. The applicants have assured the City staff that the building will be operated in conformance with State and City Fire Marshal requirements, and that the building will be upgraded in full compliance with the City's building code as a Group H occupancy where required. The City of Hugo has no financial responsibility for th-iir issuance or rFti.rN•mt-nt of the industrial development bonds. City Council meeting of April 16, 1990 Page _ Atkinson made motion, Olson seconded, to adopt. RESOLUTION 199(_)-12, RESOLUTION AUTHORIZING A JOINT POWERS AGREEMENT-. VOTING AYE: McAllister, Jesinsk:i., Olson, Vail, Atkinson VOTING NAY: None Motion Carried. GARAGE VARIANCE (M. FINN) On behalf of Mike and Michelle Finn, G & H Builders, Inc., has made application to the City of Hugo for a variance to construct a 840 sq ft garage at 4917 Gallivan Court North (Lot 9, Plock: 1, Bald Eaqle Estates subdivision). The request in question is in conformance with Council policy regarding oversized garages in an SFE zone. McAllister made motion, Vail seconded, to approve the variance request of G & H Builders for the construction of a 840 square foot garage at 4910 Gallivan Court (Lot 9, Plock. 1, Bald Eagle Estates). The garage is to be used for residential purposes only. All aye. Motion Carried. MINOR SUBDIVIS.I.ON (N I CHOLSON/ ANDERSON) Mr. Howard Nicholson and Mr. Harlee Anderson have made application to the City of Hugo for a minor subdivision of a 16.9 acre parcel of land and waiver of the formal platting requirements. The site in question consists of three lots ranging in size from 5.' acres to 6.1 acres. The property is zoned RR2, and is located south of 125th Street and north east of Fiona Road. There is currently a residence on Parcel Z, and it is Mr. Nicholson's intent to construct a single family residence on Parcels X and Y. The appropriate permits have been secured from the RCWD, and percolation tests have been completed for the site. 125th Street extends from Fiona Road to the property line where Parcels X and Y abut each other. Mr. Nicholson has agreed to provide the necessary cul-de-sac easements, and construct a cul-de-sac at the end of 125th Street, at his- expense, isexpense, to serve Parcel Y. The desiqn of this cul-de-sac has been prepared by F--;UUsisto Engineering, and Mr. Nicholson has provided a $5,00C) cashier's check: as security to assure the construction of the cul-de-sac in question. Mr. Nicholson has agreed to increase that deposit to $10,000 after Council approval of the certificate of survey. This matter was reviewed by the HUgo Planning Commission at a public hearing on 11;'721/89, at which time the Commission recommended approval of said subdivision. McAllister made motion, Vail seconded, to approve Certificate of Survey #4-16-90, and waiver of the formal platting requirements. Approval is subject to the following special conditions: 1. Any buildinq constructed on Parcels X, Y, or Z shall not have a floor elevation below �35,7_ mean sea level. The necessary easements for construction of the cUl-de-sac at the end of 125th Street by conveyed to the City within *i) days of si.tr-ve',, approval. City Council meeting of April 16, 1990 Page 4 Applicant shall post a performance deposit in the amount of $10' -) ii=, with the City to assure construction of the cul-de-sac in conformance with the City Engineer's specifications within six months of survey approval. Said depost to be forfeited for failure to provide the required easements and complete roadway constrUCt.ion within 120 days Of survey approval. 4. Parkland dedication fee in the amount of $350.0C-► shall be made to the City. 5. All development on site shall be in conformance with the drainage plan approved by the RCWD. 6. All conditions of plat approval must be met prior to the stamping of any deeds for recording by the City Clerk unless otherwise permitted by Council action. 7. The property lines on site must be identified by the applicant to assure propert setbacks when buildings are to be constructed in required by the building inspector. 8. Proposed driveways or drainage areas within the development must include installation of a minimum 15" diameter corruq_ated metal culvert in a manner acceptable to the City. 9. All fees relating to this subdivision shall be paid by the applicant including the cost of recording document=_. with Washington County. 10. No improvements, landscaping, or grading shall be permitted in the defined drainage area without the express written authorization of the City and the approved watershed districts. 11. All property owners shall be responsible for maintenance of drainage areas within easements on the property. 12. The developer shall comply with all requirements and restrictions application to identified wetlands. 13. The developer agrees that lots to be abutting on cul-de-sac or termination turn arounds of streets shall be provided with adequate off-street parking such that the City could prohibit on -street par[::ing if deemed necessary for safety or maintenance purposes. 14. All drainage and erosion control methods proposed for this development shall be complete prior to the City accepting the roadway or public improvements serving said development. All. aye. Motion Carried. REOL}EST FOR TEMPORAFRY USE OF RESIDENCE % J . TH 1 LL U Mr. Joseph Thill of 9294 170th Street has made a formal request to the City that he be allowed to construct a new house on his e>;isting building. site while he is residing in an existing residence. Mr. Thill has indicated he would remove the old house from the site in question as soon as he moves into the newly constructed residence. The property in question is zoned agricultural and consists of approximately 40 acres. The City staff can see no objection to allowing the use of the exist:i.nq residence while a new house is under construction if the applicant is willing to provide a performance deposit at the time the building permit is tak:en out, in the amount of $3,,000), to guarantee removal of the existing structure within a specified period from issuance of a certificate of occupancy. Said performance deposit to serve as financial securi t -v to assure that the existing residence is remo.,ed from thE_ site City Council meeting of April 16, 1990 Paqe 5 •jithin 60 days of issuance of the certificate of occupancy for tl-,ie new structure being proposed. It is important that the applicant, understand that if the existing residence is not removed in the specified time period, the deposit will be forfeited and the City will take whatever action is necessary to bring the property into conformance with the conditions of Council approval. McAllister made motion, Jesinst::i seconded, approving the request of Mr. Joseph Thill of 9294 170th Street to construct a new house on his existing building site while he is residing in an existing residernce on the same site. Approval is subject to the following conditions: 1. The applicant shall submit a performance deposit, in the amount of $.T,00(--), at the time the building permit is taken out to assure that the existing residence is removed from the site within 60 days of issuance of the certificate of occupancy for the new structure or by 11/01/90, whichever comes first. . The existing residence is to be removed from the site within the specified time period or the deposit will be forfeited, and the City will take whatever action is necessary to require removal of the structure. All aye. Motion Carried. nARF' USE REDUEST (HUGO LIONS CLUB) The Hugo Lions Club has requested exclusive use of the municipal part:: for preparation and conducting of Good Neighbor Days during the period beginning June 4-11, 1990. The Lions Club has requested police protection during this event with the Lions Club paying 50% of the cost of same. Atkinson made motion, Olson seconded, that the Hugo Lions Club be allowed exclusive use of the municipal park: for preparation and conducting of Good Neighbor Days, June 6-11, 1990. All ave. Motion Carried. TESTING OF CITY SIRENS Currently, the City has a policy that provides for the regular testing of its sirens at 12.0(_) noon and again at 10:00 PM daily. Members of the City COUFIC.il have indicated that testing of the sirens on a daily basis is probably not necessary, and that future testing be limited to a monthly civil defense testing as well as the use of the sirens on evenings of Fire Department drills. Atkinson made motion, Olson seconded, that testing of the City's sirens be limited to monthly civil defense testing as well as the testing of the sirens on evenings of Fire Department drills at 6:7-0 PM. All aye. Motion Carried. City Council meeting of April 16, 1990 Page b PARK STUDY AUTHORIZATION Atthe April., 1990City Council. meeting, it was suggested that the City conduct a preliminary study regarding the possible rearrangement of the softball diamonds and better utilization of the facilities in our municipal park: north of City Hall. This matter was discussed with the City Engineer, and he indicated that for approximately $1,000 he could prepare a site plan and preliminary cost estimate for redesigning the part:: in question. It is anticipated that this report will be complete prior to budget review in July so that the Council could consider a program for upgrading the City's active recreational facilities north of City Hall. The City staff recommended that the study in question be funded from the City's parkland acquisition and improvement fund. Jesinski made motion, Vail seconded, that the City conduct a preliminary study regarding the possible rearrangement of the softball diamonds in the municipal part: north of City Hall at a cost of approximately $1,000. All aye. Motion Carried. AUTHORIZE RESPONSE TO SUMMONS & COMPLAINT On April 11, 1990, the City received a summons and complaint filed on behalf of Mr. Joe Stanek: ordering the City to respond to charges that the City failed to maintain public right-of-way and construct a road to serve Mr. Stanek.s property. The City staff recommends that the City Council designate the City Attorney to respond to the summons and complaint in a timely manner. Att::inson made motion, Olson seconded, that the City Council desigriate City Attorney, Charles Johnson, to respond to the Summons and Complaint, filed on behalf of Mr. Joe Stanek:, in a timely manner. All. ave. Motion Carried. REQUEST USE OF CITY WATER The City has received an informal request from the Centerville City Clerk. 'for purchase of water from the City's water supply to serve residents of the City of Centerville. The Centerville water tower will be Undergoing repairs some time later this month, and will have to be drained limiting water service to certain Centerville residences for several days. The City staff recommends Council authorization for the staff to work: out an acceptable arrangement allowing use of the City's water supply during reasonable periods of time in a manner so as riot to adversely affect the availability of water to Hugo residents. Atkinson made motion, McAllister seconded, authorizing the City staff to wort: out an acceptable arrangement allowing Use of the City's water supply during reasonable periods of time in a manner so as not to adversely affect the availability of water to Hugo residents. All. a, e. Motion Carried. City Council meeting of April 16, 1990 Page 7 MPREHENS I VE= PLAN MAP REVIEW Mayor George Atkinson has requested that the City Council review the coa-lp plan map amendments recommended in their submittal of April ?, 1990. Tt-:e Planning Commission has requested Council input before they fine-tune their recommended changes in the plan. The City Council discussed the proposed changes, and asked that the Planning Commission discuss further the following: 1. Zoning classification of Frenchman Road between Elatcrest Avenue and Everton Avenue. ?. The industrial zoning classification of land located at 165th Street and Highway 61. _. The extent of the commercial zoning classification north along Highway 61 between 170th Street and 175th Street. 4. A specified distance from Highway 61 for the commercial zoning classification proposed. MISCELLANEOUS There will be a joint hearing on May 16, 1990 at 7:00 PM, in the White Bear Town Hall. The hearing will be informational to discuss the proposed improvements on County Road J (120th Street). Since the road abuts property located in Hugo, a hearing notice will be published twice in Hugo's official newspaper. As of July 1, 1990, Forest Lake Township will no longer contract with Washington County for their road maintenance. Because Hugo shares a common boundary with them (180th Street), the City of Hugo will be entering into a Road Maintenance Agreement with Forest Lake Township define areas of responsibility. The Council will be provided a copy of the proposed draft for their review and approval. Councilman Olson stated that he had been contacted by a Hugo resident regarding the proximity of the street lights in Dellwood Ridge to the traveled road surface (125th Street). Mr. Olson was informed that NSP determines the location of the street liy_hts, but Hugo will inspect for obvious hazards. The City received a letter from Forest Lake Township with regard to a Household Hazardous Waste Collection Day to be held on June 9, 1990, which would include Hugo. They are requesting volunteers from each community, at least 18 years of age, to help in this endeavor. It was suggested that the City include this request in a Newsletter should one be sent prior to the June 9th date. WHITE BEAR ROD AND GUN CLUB At 8:50 PM, the City Council went into executive session to discuss pending litigation with the WBR&GC. Mayor Atkinson and Councilmen McAllister, Jesinsk:i, Olson, and Vail were present as well as Attorney Charles Johnson, City Administrator Ken Huber, and City Clerk Mary Ann Creager. City Attorney Johnson reviewed the status of this case with fi:h(,-, Count i. 1 . City Council meeting of April 16, 1990 Page 8 At 9:29 PM, the executive session adjourned and the regular meeting was called back to order. Councilman McAllister requested that the matter of the court cases involving Kevin Mann and Tara Arhip be placed on the agenda for the Council meeting of May 21, 1990. McAllister made motion, Vail seconded, to adjourn at 9:30 PM. All aye. Motion Carried. ~ �u-^~-OL/'��e^4 --'it� Mary An Creager, City CAN:- .-