HomeMy WebLinkAbout1987.11.16 CC Minutes139
MINUTES OF THE PROCEEDINGS FOR THE REGULAR CITY COUNCIL MEETING OF
NOVEMBER 16, 1987.
The regular meeting of the Hugo City Council was called to order by Mayor
George Atkinson at 7:00 PM>
PRESENT: Peltier, Potts, Olson, Vail, Atkinson
City Administrator, Ken Huber
City Attorney, Charles Johnson
City Engineer, Howard Kuusisto
City Clerk, Mary Ann Creager
Motion made by Peltier, Potts seconded, to approve the minutes of November
2, 1987 as amended.
All aye. Motion Carried.
Motion made by Vail, Peltier seconded, to approve the General Claims for
November 16, 1987 in the amount of $34,881.72.
All aye. Motion Carried.
Motion made by Vail, Peltier seconded, to approve the Utility Claims for
November 16, 1987 in the amount of $307.64.
All aye. Motion Carried.
SPECIAL USE PERMIT (TODD BEECROFT)
Todd and Paul Beecroft have made application to the City of Hugo for a
special use permit to operate a landscaping business on their property at
9365 122nd Street North, generally described as the West 278.7 ft, of the
East 460.2 ft. of the West 1/2 of the SW 1/4 of the SW 1/4 of Section 6,
T31N, R21W, Washington County, Minnesota consisting of approximately 8.5
acres. The property in question is zoned agricultural, and landscaping
businesses are permitted in an agricultural zone by special use permit.
Mr. Beecroft is also requesting authorization to install an advertising
sign on the site in question as indicated on the proposed site plan. Mr.
Beecroft is also proposing the construction of a 17' X 20' greenhouse made
of hoops and poly plastic. Reviewing this plan was somewhat difficult in
that Mr. Beecroft did not dimension the site plan as required. Mr.
Beecroft also identifies a proposed 17' X 20' greenhouse, however,
photographs of the site indicate that there is already a structure at that
location. Mr. Beecroft also proposes the installation of two 4' X 8'
signs on the site but does not indicate what the signs will look like and
how they will be maintained. The Planning Commission recommended approval
of the Special Use Permit to operate the landscape business, the 17' x 20'
greenhouse, and two 4' x 8' unlit advertising signs at their meeting of
10/28/87, subject to special conditions. After learning he needed a
Special Use Permit to operate his business, Mr. Beecroft discontinued his
operation and removed the advertising signs. At the City Council meeting
of November 2, 1987, Mr. Beecroft was asked to submit a fully -dimensioned
site plan and photographs for Council review. This request was tabled
from the November 2, 1987 meeting. The requested information was provided
by Mr. Beecroft for the meeting of 11/16/87.
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Peltier made motion, Vail seconded, to approve the Special Use Permit for
Todd and Paul Beecroft to operate a landscaping business on their property
at 9365 122nd Street North, generally described as the West 278.7 ft of
the East 460.2 ft of the West 1/2 of the SW 1/4 of the SW 1/4 of Section
36, T31N, R21W, Washington County, Minnesota. Approval is also granted to
install two advertising signs on the site in question as indicated on the
proposed site plan and the construction of a 17' x 20' greenhouse made of
hoops and polyplastic. Approval is subject to the following special
conditions:
1. All equipment storage and parking be located behind the house and on
the driveway running to the existing 22' x 27' shed located on the
east property line.
2. Landscaping and greenhouse facilities be located as identified on the
approved site plan and changes or additional buildings must be
approved by amended special use permit.
3. The proposed signs must be located where identified on the site plan,
and must be maintained in a manner acceptable to the city at all
times.
4. No lighting shall be permitted for the advertising signs.
5. A landscaping plan for the area around the signs must be prepared and
said landscaping installed no later than May 1, 1988.
6. All activities on site shall be limited to those customary to a
greenhouse and landscaping business.
7. No structures on facilities may be added to the site in question
without first securing a building permit.
8. On-site activities permitted shall -not cause the altering of any
watercourse, ditch, or drainage system in this area.
9. Failure to comply with all conditions of this special use permit shall
be grounds for permit revocation.
10. The storage of any chemicals on site must be in an enclosed structure
and must beinn compliance with all state and county health/safety
regulations. Copies of the type of chemicals being stored and
location of said chemicals must be filed with the City of Hugo's Fire
Marshall.
11. The proposed 17' x 20' greenhouse on the site plan be located 20 feet
from the west property line as required.
12. The proposed advertising signs shall comply with all requirements of
Chapter 266 of the Hugo City Code.
All aye. Motion Carried.
TEMPORARY MOBILE HOME PERMIT (JAMES DOTTE)
Mr. James Dotte has made application to the City of Hugo for a temporary
mobile home permit to reside on his property located at 5380 165th
Street. At the City Council meeting of November 2, 1987, this matter was
table pending receipt of the following information:
1. Specify the period of time for the permit.
2. Provide a detailed description of the intended use of the structure.
3. Provide a dimensioned site plan indicating building locations, utility
hookups, on-site storage, etc.
4. Secure permits to construct a permanent dwelling on this property.
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As of this date (11/12/87), Mr. Dotte has not provided any of the
requested information. Mr. Dotte has also indicated that he is
considering withdrawal of this application. This request was tabled from
the November 2, 1987 meeting.
City Administrator, Ken Huber, met with Mr. Dotte to discuss his
application for a temporary mobile permit. Mr. Dotte indicated he is not
really sure what his plans are for his property and is considering
withdrawal of his application. Mr. Dotte was not present at tonight's
meeting, nor had he submitted the requested information.
Atkinson made motion, Peltier seconded, to table the application of James
Dotte for a temporary mobile home permit on his property located at 5380
165th Street North for 90 days allowing Mr. Dotte time to decide whether
to withdraw his application or provide the items listed above. If the
city has not received any response from Mr. Dotte within the 90 day
period, his application will become null and void.
All aye. Motion Carried.
AUTO DISMANTLING LICENSE (HORTON/DUPAUL)
As directed by the City Council at their meeting of November 2, 1987, a
certified letter was sent to Mr. Roger Dupaul requesting submittal of an
up-to-date, fully -dimensioned site plan, analysis on water samples, and an
explanation of the excavating done on the site. As of this date
(11/12/87), city staff has not received any response to the city's
request. This application was tabled from the November 2, 1987 meeting.
Mr. Dupaul was not present at tonight's meeting nor had he responded to
the certified letter requesting the above referenced information.
Potts made motion, Peltier seconded, that the staff be directed to notify
Mr. Roger Dupaul, by certified letter, that if the information requested
is not received at City Hall by 12:00 noon on November 30, 1987, that the
City Council will start proceedings for the revocation of his Auto
Dismantling License at their meeting of December 7, 1987.
All aye. Motion Carried.
HOMESTEAD AVENUE PUBLIC IMPROVEMENT PROJECT
As per Council resolution, the city engineer has completed preparation of
the plans and specifications for the Homestead Drive P.I. Project
#1987-30-0. The city engineer was present Monday evening to review the
plans and specs with the Council. If the City Council wishes to move
forward with this project, the appropriate action by the Council would be
to pass a resolution approving the plans and specs and order advertisement
for bids. The city engineer reviewed the plans in detail with the City
Council.
Atkinson made motion, Olson seconded, to adopt RESOLUTION 1987-57, A
RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT
FOR BIDS FOR HOMESTEAD DRIVE PROJECT #1987-30-0.
All aye. Motion Carried.
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.2 MINING PERMIT (GEORGE INDYKIEWICZ
Mr. George Indykiewicz of 1920 Highway 96, New Brighton, Minnesota has
made application for a mining permit to remove top soil and use sand fill
on property consisting of what appears to be approximately 160 acres in
the northwest corner of Section 17 in the City of Hugo. The property in
question is zoned Agriculture and Conservancy and permits have been issued
in previous years regarding mining operations at this location. In
reviewing this application, we would note a number of inconsistencies in
Mr. Indykiewicz's application and our research:
1. In reviewing past permits, Mr. Indykiewicz has indicated that the
property in question is zoned agriculture while the city's zoning map
indicates nearly 75% of the site is zoned conservancy.
2. The proof of ownership provided was a quit claim deed while Mr.
Indykiewicz his proof of ownership was by warranty deed.
3. Mr. Indykiewicz has applied for the mining of top soil from the site
in question while the permits issued by the city indicated "upon
completion of excavation of any area, top soil shall be replaced and
the area seeded with a seed mixture approved by the city engineer."
4. Mr. Indykiewicz has indicated that the property in question is
approximately 160 acres in size while previous applications and
permits were issued for sites of 139 acres, 150 acres. and 155 acres.
The city engineer has indicated that Mr. Indykiewicz has operated a clean
operation, and has been in compliance with his previous permits. It is
his understanding that this operation is primarily intended for the
removal of top soil, and that once removed, the site has been graded and
seeded as per previous conditions. In an effort to deal with the issuance
of these mining permits somewhat consistently, we would recommend approval
of the mining permit specifically describing the site in question and add
a detailed description of the type of operation being conducted at this
site. Any additional recommendations of the city engineer should also be
incorporated into said permit. Mr. Kuusisto submitted a written report
indicating that Mr. Indykiewicz has been in compliance with previously
mandated requirements. An inspection of the site was made, and at this
time, only topsoil is being removed.
Peltier made motion, Vail seconded, to approve a Mining Permit for George
Indykiewicz to remove top soil and use sand fill on property located in
the northwest corner of Section 17, T31N, R21W, Washington County,
Minnesota in the City of Hugo, effective November 16, 1987, to terminate
November 1, 1988, a copy of which is on file at the office of the City
Clerk.
All aye. Motion Carried.
OWN'S CREEK WMO REPORT
As per Council direction, Mr. Dave Truax was invited to appear before the
City Council to discuss and answer questions regarding the watershed
management plan prepared by the Brown's Creek organization. Mayor George
Atkinson raised a number of questions of concern regarding this
organization, and requested that the city administrator review his
comments/concerns. The city administrator stated that as per Council
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direction a list of questions was conveyed to the Brown's Creek WMO on
November 4, 1987 in an effort to get clarification on numerous items in
Section V of the plan. The city received a response from the Washington
Soil and Water Conservation District on November 10, 1987 on behalf of
BCWMO regarding the questions raised by the city. The city's
representative to the BCWMO was present in the audience to answer any
questions the city had regarding the preliminary plan. The city
administrator noted that although the plan seems to imply that all
regulatory authority on water management issues shall exist at the local
level that the BCWMO also has review authority beyond the local community,
and has the power to revoke the local community's regulatory authority for
just cause. Mr. Truax stated that it was his feeling that the authority
of Brown's Creek was not as cited by the city administrator, but intended
to be more in an advisory capacity than an agency with regulatory
authority. He pointed out that city's will have total authority over
local waters while BCWMO will retain regulatory over certain waters of
district significance. The city administrator inquired as to whether or
not Brown's Creek had taxing authority for capital improvements and the
maintenance of capital improvements. Mr. Truax responded in the
affirmative. Mr. Huber stated that if the St. Croix River is beyond the
scope and authority of BCWMO then the reference to district -wide
assessment for regional waters should be eliminated from the plan. The
city administrator requested clarification on plan review and progress
reports required in the BCWMO plan. The city administrator also inquired
as to how adding Washington Soil and Water Conservation District review to
the process will expedite the process. Adding additional steps and new
review agencies to the process should extend the process not shorten it.
Mr. Huber also stated that the plan should be clear with regard to who has
regulatory authority over what waters. The plan seems to apply that BCWII10
has the authority to make capital improvements and maintenance of same on
district waters, but it doesn't clearly speak to project review and
regulatory authority for development within a certain distance of district
waters. Mr. Huber also stated that he felt it important that BCWMO
identify the district waters specifically so that local agencies will know
exactly when to refer projects to the BCWMO for their review. He stated
that these waters should be identified before final plan approval. Mr.
Truax acknowledged the points raised by city staff and suggested that the
city, himself, and Mr. Doug Thomas meet for clarification on some of these
questions and direction for possible amendments to the plan. The city
administrator inquired as to whether or not BCWMO has approved the plan in
question. Mr. Truax responded in the negative. The City Council
expressed their concern regarding the items raised by the city staff and
directed Mr. Truax and the city administrator to meet with the Soil and
Water Conservation District, as well as BCWMO, to express the city's
concerns and make the necessary changes in the plan to clarify these
items. The city attorney commented that it does appear that the authority
of the BCWMO identified in the plan goes beyond the scope of the Joint
Powers Agreement entered into by the municipalities participating in the
formation of this organization. Mayor Atkinson stated that it is
important that cities keep regulatory authority at the local level, and
that the city did not intend to create an organization that had authority
to revokes the city's regulatory powers and order the cities to comply
with regulations established by the BCWMO. Mayor Atkinson stated that
once amendments are made to the plan as discussed this evening, this plan
should be brought back to the City Council for further review.
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QUOTES FOR SNOWPLOWING
The city has received two quotes for providing snowplowing service for the
City of Hugo. The Hugo Feed Mill has provided this service in the past
involving snowplowing at the lift stations and City Hall. The bid from
Tom Bernier also includes cleaning of the walks and doorways around City
Hall. This is a service that has not been provided in the past. The
quote from the Hugo Feed Mill is at a rate of $42.00/hour, and the bid
from Mr. Tom Bernier is at the rate of $40.00/hour. The city
administrator stated that both quotes seemed reasonable and they had no
personal preference regarding award of quote.
Atkinson made motion, Olson seconded, to contract with Tom Bernier for
snowplowing service for the City of Hugo at.a rate of $40.00/hour as per
his quotation.
All aye. Motion Carried.
MISCELLANEOUS
City Administrator, Ken Huber, stated that David Schumann's attorney has
approached the city regarding a negotiation of a settlement in the pending
litigation between his client and the City of Hugo. Mayor Atkinson
authorized Mr. Huber to meet with Mr. Schumann's attorney and the city's
attorney regarding the litigation.
City Administrator, Ken Huber, will represent the City of Hugo at a
meeting on November 17, 1987 regarding the city's support for a Regional
Rail Authority in Washington County.
Mayor George Atkinson then requested the Council go into executive session
to discuss the personnel matter relating to the performance of the city
administrator after his first 12 months of employment with the city.
Representatives of the news media were afforded an opportunity to be in
attendance but declined acknowledging that the issue before the City
Council was a personnel matter. The City Council discussed at length the
performance of the city administrator over the last 12 month period.
Mayor Atkinson suggested an adjustment in the city administrator's fringe
benefit package to reward Mr. Huber for his performance after one year
with the city. The City Council discussed adjustments in health/dental
insurance, automobile allowance, payment of professional dues, and
providing the administrator with a computer for his personal use. It was
the general consensus of the Council that Section 10 of the
administrator's contract be amended by increasing the city's contribution
for health/dental insurance by $300.00 per year. The Council also agreed
to provide the city administrator with a computer and related equipment
for his personal use in an amount not to exceed $1475.00 with the
understanding that Mr. Huber may purchase said computer and related
equipment from the city for $1.00 at the time of his termination with the
city. The providing of said computer shall be lieu of an adjustment in
employee's salary as reflected in Section 4A of the contract. The City
Council then went out of executive session and upon unanimous consent of
the Council, Mayor Atkinson was directed to enter into an amendment of the
contract with the city administrator on behalf of the city providing for
an increase in health/dental insurance premiums paid by the city and
providing the city administrator with a computer for his personal use with
the option to purchase said computer for $1.00 at the time of termination
with the city. Said benefits become effective November 17, 1987.
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The City Council then directed the Mayor to meet with the City
Administrator within the next 90 days to discuss the possibility of
extending the city administrator's contract for one additional year
running from November 17, 1988 to November 16, 1989.
Peltier made motion, Olson seconded, to adjourn at 10:17 PM.
All aye. Motion Carried.
Mary n Creager, Ci Clerk
CityYfi Hugo