HomeMy WebLinkAbout1998.04.20 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF APRII. 20,1998
The meeting was called to order by Mayor Fran Miron at 7:05PM.
PRESENT: Arcand, Barnes, Goiffon, Leroux, Miron
City Administrator, Robert Museus
City Attorney, Greg Galler
City Engineer Representative, Paul Hornby
City Clerk, Mary Ann Creager
ADDITIONS TO AGENDA
Interceptor alignment (LaValle property)
Sunset Lake Ridge Subd.
CONSENT AGENDA
Goiffon made motion, Miron seconded, to approve the following Consent Agenda:
Minutes for City Council meeting of April 6, 1998
Minutes for City Council meeting of April 13, 1998
U.S. West Antenna Lease
WBL Use of Athletic Facilities
All aye. Motion Carried.
U.S. WEST ANTENNA LEASE
The Council reviewed for approval a draft letter to U.S. West Communications in
response to their latest comments on the erection of a wireless communications antenna on
the City's south water tower. Adoption of the Consent Agenda approved sending the
letter, as proposed.
WBL USE OF ATHLETIC FACILPTIES
The Council considered a letter from the WBL recreation department outlining dates for
use of the Hugo Park facilities. Adoption of the Consent Agenda approved use of the City
Park, as requested.
UPDATE OF JUVENILE CURFEW ORDINANCE
Mr. Richard Hodsdon, 1st Assistant CountyAttorney, appeared before the Council to
provide an update on the juvenile curfew ordinance in Washington County,
PUBLIC HEARING (PARKLAND DEDICATION FEES)
A public hearing was held to consider an amendment to the City's subdivision ordinance
by increasing parkland dedication fees from $500 per lot to $1,350 per lot. The hearing
was called to order with the following comments:
City Council meeting of April 20, 1998
Page 2
- Paul Keleher, developer for Waugh Preserves, felt the City should remain flexible, and
allow negotiations rather than set a fee. Future land purchaser ultimately pays fee.
- Ed Waller felt that land within the development should be set aside for playgrounds
rather than accepting cash.
- John Waller said rules should be hardfast. The burden of payment should not be placed
on the general budget.
- Marvin Lavalle felt that the fee would come from the pockets of the landowner, not the
land purchaser, and deduct from the value of the property.
- Joe Marier agreed with Mr. LaValle's assessment.
Should the City increase the parkland dedication fee, Attorney Galler stated that any
proposed developments within the City that have preliminary plat approval would be liable
for the fee existing at the time of the preliminary approval.
Barnes made motion, Goiffon seconded, to adopt ORDINANCE 1998-320, AN
ORDINANCE AMENDING CHAPTER 290-13, SUBD. B(3)f BY INCREASING THE
PARKLAND DEDICATION FEE TO $1,350 PER LOT.
VOTING AYE: Barnes, Goiffon, Leroux, Miron
ABSTAINED: Warren Arcand
Motion Carried.
AUTOMOBILE RECYCLING LICENSE (HUGO AUTO PARTS)
Richard and Mikel Brandt, dba Hugo Auto Parts, 16615 Forest Boulevard, requested an
Automobile Dismantling License for their business at the above location. The City's
Building Official conducted a site inspection of the facility on April 9, 1998, and found it
in compliance with the site's Special Use Permit and the City's automobile recycling
ordinance, accept for screening of the exterior storage areas from adjacent property. The
SUP for the site requires evergreen trees around the building and on the south, east, and
north property lines; the trees are to be over six (6) feet in height. In addition, Hugo City
Code, Chapter 130-8, Subd. J., requires visual screening to block from view all auto
dismantling, auto and junk storage, and related activities from adjacent property or any
public right-of-way. At the time the facility was last licensed in 1996, a screening plan
was required as a condition of license approval. The Brandts were proposing to use
white, pole barn steel as a fence along the south property line to meet the screening
requirement. Staff believed that the use of steel siding was not acceptable, and the
approval of the Junkyard License be conditioned upon the applicants screening the
property in accordance with the draft standards for site screening. Richard and Mikel
Brandt defended their use of the pole barn steel to screen their property on the south.
Mayor Miron and Councilman Goiffon agreed with the Brandts, and did not feel that there
was any need for additional screening in other directions.
City Council meeting of April 20, 1998
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Leroux made motion, Miron seconded, to table this matter until the meeting of May 4,
1998, to allow other Council members to inspect the site.
All aye. Motion Carried.
AUTOMOBILE RECYCLING LICENSE (SCHUMANN)
Mr. David Schumann, dba D.J.'s Autobody, 7630 137th Street, requested an Automobile
Dismantling License for the N1/2 of the NW 1/4 of Section 27, T31N, R21W. The
property is zoned agriculture and conservancy, and is subject to a SUP issued on October
19, 1992. Inspections of the property were conducted by the City's Building Official on
December 18, 1997, and March 4, 1998. Since the date of the last inspection, Mr.
Schumann has provided the City copies of his Industrial Storm Water Discharge Permit
from MPCA, as well as a Hazardous Waste Generator's License. This site is in violation
of Hugo City Code, Chapter 130, and its SUP as follows:
1. There are approximately 19 piles of tires, plus individual loose tires, scattered about
the site in violation of Chapter 130-8, Subd. G.
2. Junk vehicles and scattered automobile debris and other junk extend beyond the
delineated area allowed for junk vehicle storage under Condition #2 of the site's SUP.
3. The parking area is totally visible from CR8A in violation of Section S of the site's
SUP.
4. Mr. Schumann has expanded the business into an adjoining building addition in
violation of Condition 5 of the site's SUP.
Given these violations of the ordinance and the SUP, staff recommended that the
application for an Automobile Dismantling License for 7630 137th Street be denied.
Adjoining property owner, Robert Kieffer, addressed the Council stating that Mr.
Schumann has not complied with any conditions of his SUP and Auto Dismantling License
and that he should not be allowed to continue his business operation.
Goiffon made motion to table this matter to allow time to revisit that part of the ordinance
referencing renewal and inspection times. Motion failed for lack of second.
Bruce Faulken, attorney for Mr. Kieffer, addressed the Council stating that the Council
has been more than accommodating toward Mr. Schumann seeing that he has not
complied with any conditions of his permits since 1992.
Miron made motion, Barnes seconded, to table this matter until the meeting of May 4,
1998, to allow time for a reinspection of the property.
All aye. Motion Carried.
City Council meeting of April 20, 1998
Page 4
Miron made motion, Arcand seconded, directing staff to send a letter to both applicants
for an Auto Dismantling License stating they do not have a current license, specifying
procedures needed to be followed to come into compliance. If still in noncompliance by
the City Council meeting of May 4, 1998, the City will commence with legal action.
All aye. Motion Carried.
PROPOSED AMENDMENT (AUTO RECYCLING ORDINANCE)
At the City Council's request, staff prepared an amendment to Hugo City Code, Chapter
130-11, regarding the terms and conditions for licensing automobile dismantling yards.
The amendment required licensing of all automobile dismantling yards on an annual basis
beginning July 1 st of each year, running until June 30th of the following year. The license
fee was increased from $150.00 to $200.00, and also established a new application fee for
first-time automobile licenses of $1,000. Councilman Leroux would like to see a schedule
of established inspections, a standardized checklist allowing for the business operator to
sign confirming his awareness of the inspection, and that the ordinance require an annual
inspection of the site. Council member Barnes suggested a spring or fall inspection time.
Miron made motion, Goiffon seconded, directing staff to provide the Council with a copy
of the Junkyard Ordinance, and that this matter be table until the Council meeting of May
4, 1998.
All aye. Motion Carried.
PROPOSED AMENDMENT (TRAFFIC ORDINANCE)
At the City Council's request, staff prepared an amendment to Hugo City Code, Chapter
180, allowing administrative variances to spring load limits, in cases of the public's health,
safety, and welfare.
Miron made motion, Leroux seconded, to schedule a public hearing for June 1, 1998, at
7:05PK to consider an ordinance amendment to Chapter 180, allowing for administrative
variances to spring load limits.
All aye. Motion Carried.
WOODS OF BALD EAGLE DEVELOPMENT AGREEMENT
The Council considered a revised Development Agreement for the subdivision known as
the Woods of Bald Eagle Lake. Revisions to the Agreement include transferring
responsibility for the development from the Woods of Bald Eagle Lake LLC to Royal
Oaks Realty, Inc., a Minnesota corporation. The Agreement removes references to Phase
2 for the project, and instead inserts Outlot A or Outlot B into the conditions to clearly
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indicate which of the individuals signing the Agreement are responsible for fulfilling the
stated condition. In addition, it changes the names of 127th Street and Europa Avenue to
Europa Trail throughout the document, and adds as signatories to the Agreement, all
those individuals having an ownership interest in the property. Staff recommended
approval of the revised Development Agreement. Tom and Judd Jackson objected the
"free" 100' easement they will need to give to the City for the proposed 134th Street.
After discussion of the issue, Tom Jackson agreed to language of an 80' perpetual
easement at no cost to the City.
Miron made motion, Leroux seconded, to approve the Development Agreement for the
WOODS OF BALD EAGLE subdivision including the following changes: 80' easement
for 134th Street and tie 134th Street to the development of Outlot A.
All aye. Motion Carried.
DRAINAGE PROJECTS UPDATE
Mr. Pete Willenbring, the City's Water Resource Engineer, appeared before the Council to
update them on various water management projects being undertaken in the community,
including the southwest Oneka Lake drainage study, the Oneka Lake outlet permitting
process, Hardwood Creek channel improvements, Beaver Ponds drainage study, the
Comprehensive Storm Water Management Plan, Clearwater Creek Greenway Corridor,
modification to the City's regulatory flood protection elevation, and administration of the
Wetlands Conservation Act. The City Council directed that the City's Comprehensive
Storm Water Management Plan be amended to indicate that the City would assume
responsibility for administration of the guidelines of the Wetlands Conservation Act within
its borders.
BALD EAGLE INDUSTRIAL PARK DEVELOPMENT COVENANTS
The Council considered for approval the proposed Covenants for the Bald Eagle Industrial
Park, including revisions requested by the Council at their meeting of April 13, 1998.
Leroux made motion, Goiffon seconded, to table this matter until the Council meeting of
May 4, 1998.
All aye. Motion Carried.
WCA ADMINISTRATION AGREEMENT
The Council considered the proposed form for an Agreement between the City of Hugo
and Washington County Soil and Water Conservation Service for the administration of the
Wetlands Conservation Act 1991 in the Brown's Creek Watershed. This Agreement
provides for WCSW to administer all applications under the Act, and will provide the
City Council meeting of April 20, 1998
Page 6
Council with recommendations for the Council's approval. No action was taken on this
matter.
OFFER TO SELL PROPERTY
Joe and Pamela Monno, 5773 Egg Lake Road, offered to sell the City approximately 5.3
acres along Egg Lake Road for use as a possible public park. The City Administrator
prepared a draft letter in response to the Monnos' request, based on the City's Master
Park Plan, for Council approval.
Leroux made motion, Barnes seconded, to table this matter until the Council meeting of
May 4, 1998.
All aye. Motion Carried.
METRO INTERCEPTOR ALIGNMENT
On April 29, 1998, a meeting will be held at Centerville City Hall to consider a proposed
interceptor line that will cross the Marvin LaValle property, but not follow CR14 road
right-of-way.
Miron made motion, Leroux seconded, directing staff to represent the City at the meeting
on April 29, 1998 to state the City's concerns with the project.
All aye. Motion Carried.
Leroux made motion, Barnes seconded, to approve the General Claims for April 20, 1998,
as presented.
All aye. Motion Carried.
SUNSET LAKE RIDGE SUBDMSION
Barnes made motion, Leroux seconded, to table discussion of the this matter until the
meeting of May 4, 1998.
All aye. Motion Carried.
Barnes made motion, Leroux seconded, to adjourn at 11:00PM.
All aye. Motion Carried.
Mary Creager, City Clerk