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HomeMy WebLinkAbout1988.02.01 CC Minutes/3 MINUTES FOR THE CITY COUNCIL MEETING OF FEBRUARY 1,1988 The meeting was called to order by Mayor Atkinson at 7:00 PM) PRESENT: Peltier, Potts, Olson, Vail, Atkinson City Administrator, ken Huber City Attorney, Charles Johnson City Engineer, Howard Kuusisto City Cler, Mary Ann Creager Peltier made motion, Vail seconded, to approve the minutes of January 19, 1988 as amended. All aye. Motion Carried. Potts made motion, Peltier seconded, to approve the General Claims for February 1, 1988 in the amount of $24,337.52. All aye. Motion Carried. Vail made motion, Peltier seconded, to approve the General Claims for February 1,1988 in the amount of $4,388.88. All aye. Motion Carried. 5.1 TEXAN EAR (ON AND OFF SALE LIQUOR LICENSE) On behalf of Will Harris Investments, Inc., Mr. Will Harris has made application to the City of Hugo for on sale and off sale liquor licenses as well as a Sunday liquor license for the Texan Bar located at 17215 Forest Boulevard, Hugo, Minnesota. The Texan bar has been closed since January 1, 1988 for failure to renew their liquor licenses past the 1987 calendar year. It is our understanding that the Texan Par will be under new management, namely Mr. Len McLaughlin,and that the corporate structure of Will Harris Investments has not changed as of the date of this application. The background investigation by the Washington County Sheriff's Department is now complete, and they have indicated no objections to the issuance of this license. Our information indicates that Mr. Harris has either provided, or is in the process of providing, the necessary insurance and liquor liability as required by law. In reviewing Mr. Harris' application, he states on line 20 that there are no delinquent taxes for the premises of business to be licensed. A review of our tax records indicate that there is an excess of $15,900 in delinquent taxes against the property in the City of Hugo owned by Will Harris Investments, Inc. We would recommend that any license approval by the City Council be subject to providing all of the completed insurance and bonding information as well as payment of all delinquent taxes identified by the Washington County assessor's office. Atkinson made motion, Peltier seconded, to adopt RESOLUTION 1988-7, RESO- LUTION APPROVING AN ON SALE LIQUOR, ON SALE SUNDAY LIQUOR, AND OFF SALE LIQUOR LICENSES TO WILL HARRIS INVESTMENTS, INC., DLA THE TEXAN EAR SUBJECT TO PROPER INSURANCE AND BONDS AND PAYMENT OF DELINQUENT TAXES. VOTING AYE: Peltier, Potts, Olson, Vail, Atkinson Motion Carried. City Council meeting of 2/1/88 5.2 TEXAN BAR (OTHER BUSINESS LICENSES Pending action on the above referenced liquor licenses, Will Harris Investments, Inc., have made application to the City of Hugo for cigarette and video game licenses. We would recommend that any action on the approval of these licenses be consistent with Council direction on the issuance of the on sale and off sale liquor licenses for the Texan Bar. Atkinson made motion, Vail seconded, to approve the cigarette and video game licenses for Will Harris Investments, Inc., DEA The Texan Bar, and subject to proper insurance and bonds for the liquor licenses and payment of delinquent taxes. All aye. Motion Carried. 6.1 PUBLIC IMPROVEMENT ASSESSMENT HEARING (HOMESTEAD DRIVE) Pursuant to Council direction, a public hearing has been scheduled for 7:00 PM, on February 1, 1988, to pass upon the proposed assessment for the installation of bituminous surfacing and related work on 125th Street from County Road 10 north to Homestead Drive, and Homestead Drive from 125th Street north to 130th Street, and 130th Street from Homestead Drive east to its termination. The area to be assessed is the area abutting on the improvement. Total amount of the proposed assessment is $70,656.00. A copy of the hearing notice has been sent to all affected property owners as per Minnesota Statute. All benefiting property owners have been notified and we have made them aware that written and oral objections wil be considered at the public hearing, and no appeal may be taken as to the amount of any assessment unless a signed written objection is filed with the city clerk, either prior to the hearing or presented to the presiding office at the hearing. Appeals to the district court may be made by serving notice upon the mayor or clerk of the city within 30 days after adoption of the assessment and filing of such notice with the district court within ten (10) after service upon the mayor or clerk. The city's participation in this project is in the amount of $4,710.00. For those who do not elect to pay the assessments in their entirety within 30 days of adoption of this assessment roll, said assessments will be extended over a period of 10 years at the interest rate of 9 1/2% per annum. The total project cost, including construction, administration, legal, financing, and engineering for the making of this improvement is $75,366.00. The assessment rolls were prepared as per the request of petitioners who indicated their desires that all the assessments be spread on a per -lot basis. City staff was present Monday evening to present this recommendation and answer any questions the public or Council may have regarding this project. Mayor Atkinson called the public hearing to order at which time the city administrator, ken Huber, detailed the assessment process followed to date and the procedure should any one of the benefiting property owners decide to appeal the assessment. Mayor Atkinson then opened the meeting for comments from the audience. Grover Storm, 8047 132nd Street, stated that he had received notice of the assessment hearing, and that he does not owr any property adjacent to the improvement. Mr. Storm had sold ten acres tc: a Mr. Osterkamp, and he wondered whether he had been notified of the /S City Council meeting of 2/1/88 assessment hearing. Mr. Huber stated that the city had sent notices to current owners of record, and that the change would be noted. John Tschida, 1855 Homestead Drive, voiced his approval of the project. t-=:athy Quinlan, 12842 Homestead Drive, asked what could delay the project at this point. Mr. Huber stated that any major objection to the project could jeopardize action. City engineer, Howard Kuusisto, discussed construction aspects of the project as well as drainage and culvert locations. Mayor Atkinson asked of the audience present if there were any objections to the bituminous prosect and no one present voiced any opposition and no written objections were received. Olson made motion, Peltier seconded, to adopt RESOLUTION 1988-8, RESOLUTION ADOPTING ASSESSMENT FOR HOMESTEAD DRIVE PUBLIC IMPROVEMENT PROJECT #1987-30-0. VOTING AYE: Peltier, Potts, Olson, Vail, Atkinson Motion Carried. 8.1 REZONING REQUEST (FOREST LAKE STATE BANk::) As per the petition from the Forest Lake State Bank, a request has been made to rezone a 8.9 acre tract of land from agriculture to RB in the City of Hugo. The property in question is located at the NE corner of Highway 61 and 170th Street, and is generally described as follows: A part of the SE 1/4 of Section 5, T31N, R21W. The property contains approximately 308 feet of frontage on Highway 61 and approximately 571 feet on 170th Street. The property abuts the agricultural zone on the east, west, and south. The zoning districts to the north are agriculture and retail business. In January, 1987, a similar request was made of the Planning Commission and subsequently denied on a 4-3 vote. The Planning Commission's recommendation was forwarded to the City Council, and the City Council also denied the request to rezone this property in 1987. The petitioners are once again making this same request of the city stating that a retail business district is the highest and best use of the property, and said use is consistent with surrounding property and uses. The proposed rezoning request would be consistent with other uses of property to the north of the property in question, however, would be inconsistent with property uses to the east, south, and west of the site in question. Uses currently permitted in the RB district consist of offices, business schools, medical uses, photographer's studios, retail florists, beauty and barbershops, libraries, urban agricultural and retail shopping. This request was reviewed by the Hugo Planning Commission at a public hearing on January 27, 1988; their recommendation being as follows: On a 3-2 vote of the Planning Commission, a motion to deny the rezoning request in question was approved based on the following: 1. There is no buffer from the proposed RB district and the residential property to the south and west. 2. There are no utilities in the area to serve additional commercial development. 3. Continued expansion of commercial in this area would constitute commercial/urban sprawl. 4. Development of this property as commercial is not called for in the comprehensive plan. 16 City Council meeting of 2/1/88 5. There was no plan of development submitted by the applicant justifying the need for the rezoning. 6. There are other commercial areas available in Hugo for development, and that commercial development should be closer to the central business district. 7. The timing of this request is not proper in light of the fact that the city is currently considering amendments to its comprehensive plan that may affect commercial along Highway 61. Those commissioners supporting the rezoning indicated as follows: 1. This rezoning is consistent with the development in that area. 2. This type of zoning should not create any type of traffic hazard in this area as originally alleged. 3. There is no other development likely for this site because of its size and location. The commission did, however, unanimously agree that it would be easier to review this request if it was in conjunction with a development plan as opposed to a speculative type rezoning. Mayor Atkinson and Councilman Potts agreed that a zone of either RB or CB would be a better use of this piece of property because of its location. The Forest Lake State Bank: will not be developing this property, and felt a RB district would make the property more marketable for selling purposes and was more consistent with recent development along Highway 61. Atkinson made motion, Peltier seconded, to adopt ORDINANCE 1988--246, AN ORDINANCE AMENDING CHAPTER 320 OF THE HUGO CITY CODE ENTITLED "ZONING" BY AMENDING THE ZONING DISTRICT CLASSIFICATION OF A PART OF THE SE 1/4 OF SECTION 5, T31N, R21W, FROM AGRICULTURE TO RETAIL BUSINESS. VOTING AYE: Peltier, Potts, Olson, Vail, Atkinson Motion Carried. 8.3 COOPERATIVE PURCHASING AGREEMENT (WASHINGTON COUNTY) Washington County has taken the necessary steps to allow cities and townships opportunity to piggyback on their maintenance contract taking advantage of competitive bidding pursuant to M.S. (1969), Chapter 16. Being that the city is contemplating the seal coating of the municipal parking lot and possibly some city streets, we would recommend entering into this cooperative purchasing agreement for the making of these improvements or any other improvements during the 1988 calendar year. The city will be responsible for making its own arrangements with the contractor and payment to the contractor. Atkinson made motion, Peltier seconded, to adopt RESOLUTION 1988-9, RESOLUTION AUTHORIZING THE CITY OF HUGE} TO ENTER INTO A COOPERATIVE PURCHASING AGREEMENT WITH WASHINGTON COUNTY FOR ONE OR MORE MAINTENANCE CONTRACTS. VOTING AYE: Peltier, Potts, Olson, Vail, Atkinson Motion Carried. /7 City Council meeting of 2/1/88 ENGINEER City Engineer, Howard Kuusisto, stated that a large percentage of work has been completed on the Hugo Meadows development, and the city can consider reducing Harstad's letter of credit to $200,000. Mayor Atkinson stated that he observed that the fire hydrants installed at Hugo Meadows appear to be located about 20 feet from the paved surface (County Road 8A). He asked the city engineer to determine if the location is close enough for access by the fire trucks. ATTORNEY City attorney, Charles Johnson, stated that he is preparing for trial for the White bear Rod and Gun Club litigation, and that he will be meeting with city engineer, Howard kuusisto, regarding retaining of a sound consultant for the trial. He also stated that the City Council will have to help him with completion of the interrogatories. CITY ADMINISTRATOR City administrator, Ken Huber, stated that Hugo's board of Review has been scheduled for April 11, 1988, from 9:00 AM to 1:00 PM. Atkinson made motion, Vail seconded, to appoint Keith Molitor to the Hugo Fire Department subject to the required probationary period. All aye. Motion Carried. The regular meeting recessed at 8:19 PM and the Council went into executive session to discuss the Potts vs the City of Hugo litigation with the city attorney. The regular meeting was reconvened by the Mayor at 9:10 RM. Vail made motion, Olson seconded, to adjourn at 9:17 PM. All aye. Motion Carried. Mary Creager, Cit ler City o Hugo