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HomeMy WebLinkAbout1997.10.06 CC MinutesMINUTES FOR THE HUGO CITY COUNCEL MEETING OF 10/06/97 The meeting was called to order by Mayor Fran Miron at 7:1OPM. PRESENT: Barnes, Goiffon, Leroux, Miron City Administrator, Robert Museus City Attorney, Greg Galler City Engineer, Tom Angus City Planner, Ed Elliott City Clerk, Mary Ann Creager Leroux made motion, Goiffon seconded, to approve the following Consent Agenda: City Council minutes for September 15, 1997 City Council minutes for September 22, 1997 City Council minutes for September 29, 1997 General claims for October 6, 1997 Variance (Montanari) All aye. Motion Carried. VARIANCE (MONTANARID Montanari Homes, Inc., requested a variance to the garage size of the home they are constructing at 8775 136th Street Court. The property is zoned RR2. The request is to construct a 720 sq ft lower level attached garage, in addition to the 760 sq ft first level garage. City code allows 1,000 sq ft of garage space. In this case, the lower level garage is comprised of the basement foundation for the first level garage, and does not occupy any expanded footprint on the property. The Board of Adjustments considered this request at their meeting of September 24, 1997, and recommended approval of the variance. Adoption of the Consent Agenda approved the variance, as requested. VARIANCE (RUDY) Burns and Therese Rudy, 7375 165th Street, requested a variance to construct a 24' x 24' accessory building 10 feet from the rear property line. The building is to be used for storage of snowmobiles, lawnmowers, and other personal property. The 4.4 acre lot is zoned conservancy, where a 50 foot rear yard setback is required. As this request did not stem from any hardship or practical difficulty, and a structure meeting the City's requirements could be located on the lot, staff recommended that the variance request be denied. The Board of Adjustments considered the request at their meeting of September 24, 1997, and recommended approval of the variance. The Council discussed, at length, the need for the variance because of no substantiated hardship and setting precedence if the variance was approved. Neighbors of the Rudys made it clear that they had no objection to the variance request. City Council meeting of October 6, 1997 Page 2 Barnes made motion to deny the variance request of Burns and Therese Rudy because variance request does not meet criteria of hardship to the land, as required by ordinance. Motion failed for lack of second. Barnes made motion, Leroux seconded, to approve the variance of Burns and Therese Rudy, 7375 165th Street, to construct.a 24' x 24' square foot garage 10 feet from the rear property line. Variance approval is based on the following: location of gas and telephone lines, trees, and pond on the property. VOTING AYE: Goiffon, Leroux, Miron VOTING NAY: Barnes Motion Carried. SUBDIVISION (COLONNA) Emanuel R. Colonna, 4720 170th Street, requested a minor subdivision to establish two 2.5 acre lots on his approximately 40 acre parcel located at the above address. This would establish a density of three units for 40 acres on the parcel. Driveway permits for the two new lots were provided by the Washington County Public Works Department, as the project fronts CR4. Washington County HELM has certified that the two new parcels being created meet current ordinance requirements for installation of individual sewage treatment systems. Approval of the subdivision by the Rice Creek Watershed District has not been received. A wetlands delineation of the property has been accomplished. The Planning Commission conducted a public hearing on this request at their meeting of September 24, 1997, and recommended approval of the subdivision conditioned upon approval of the project by the RCWD and a Development Agreement between the City of the property owner, limiting further subdivision of the 36.5 acre lot to one additional homesite until such time as public sewer and water become available and its zoning classification changes allow denser development. Council member Barnes stated that at some time, she would like to discuss the urban reserved area as it applies to this request. Barnes made motion, Goiffon seconded, to approve the request of Emanuel Colonna to subdivide 40 acres into two 2.5 acre lots, establishing a density of three units for 40 acres. Approval is subject to the following: 1. Applicant obtain approval of the subdivision from the RCWD. 2. The applicant enter into a Development Agreement with the City, prepared by the City Attorney at the applicant's expense, limiting further subdivision of the 36.5 acre lot to one additional homesite until such time as public sewer and water become available, and its zoning classification changes allow denser development. All aye. Motion Carried. City Council meeting of October 6, 1997 Page 3 PUBLIC HEARING (TOBACCO SALES ORDINANCE) A public hearing was held by the Council to consider adoption of an ordinance regulating the sale, possession, and use of tobacco, tobacco products, and tobacco -related devices in the City of Hugo. A copy of the proposed ordinance was provided to the four school districts within the community, the Washington County HELM, and all current tobacco license holders in the City. Mark Granger, 61 Stop, addressed the Council regarding the definition for tobacco -related products as they relate to pipe tobacco and cigars. He stated that State and Federal law does not include these items in their definitions, and why is the City of Hugo more restrictive? Mr. Granger also questioned compliance checks, and wondered why retailers carry the burden of penalizing offending youths. After deleting reference to cigars and pipe tobacco from Section 50.020, Subd. 1, the following motion was made: Leroux made motion, Goiffon seconded, to adopt ORDINANCE 1997-317, AN ORDINANCE RELATING TO THE SALE, POSSESSION, AND USE OF TOBACCO, TOBACCO PRODUCTS, TOBACCO -RELATED DEVICES IN THE CITY AND TO REDUCE THE ILLEGAL SALE, POSSESSION, AND USE OF SUCH ITEMS TO AND BY MINORS. A summary of this ordinance was approved for publication by the City Council. VOTING AYE: Barnes, Goiffon, Leroux, Miron Motion Carried. COMPREHENSIVE PLAN UPDATE The Council reviewed a copy of the resolution recently passed by the Metropolitan Council regarding the City's Comp Plan. It allows the City to bring an additional 500 net acres of property into the MUSA, within Sections 17, 18, 19, 20, 29, 30, 31, and 32, as identified in the City of Hugo's proposed Plan modification map. It also requires the City to provide the Met Council a modified Plan with additional information on proposed population densities. No Council action was necessary for this matter. RECEIPT OF BIDS (EMERGENCY WARNING SIRENS) The bids received for the construction of a new emergency warning siren near the south water tower and installation of a replacement siren by the north water tower were provided to the Council. Miron made motion, Barnes seconded, to accept the recommendation of the City Engineer, and award the contract to Electric Service Company of Minneapolis., for two emergency sirens for the bid of $34,900.00. All aye. Motion Carried. City Council meeting of October 6, 1997 Page 4 MUgNG PERMIT RENEWAL (RIVER CITY ASPHALT) River City Asphalt, 8800 13th Avenue East, Shakopee, MN., requested renewal of their Mining Permit for the Hansen pit located in the NW 1/4 of the SW 1/4 of Section 23, T31N, R21 W, consisting of approximately 120 acres. Their operation was last inspected on September 11, 1997 by the City Engineer, and was found to be substantially in compliance with their SUP and Mining Permit. Staff recommended approval and issuance of the Mining Permit. Leroux made motion, Goiffon seconded, to renew the Mining Permit for River City Asphalt for the Hansen pit for a two-year period, subject to the applicant renewing the letter of credit, cash deposit, or other security in an amount not less than 125% of the anticipated cost of reclamation, as determined by the City Engineer, plus $2,500 to cover the City's cost for permit compliance inspections. All aye. Motion Carried. SIDEWALK CONSTRUCTION STANDARDS (RLM4) The City Engineer requested Council guidance on whether concrete sidewalks will be required across existing bituminous driveways in the RLM4 subdivision. Miron made motion, Leroux seconded, directing the City Engineer to notify Kenco that concrete sidewalks will be required across the driveways in the RLM#4 subdivision. All aye. Motion Carried. PROPOSED SOUTH ONEKA LAKE AREA WORKSHOP Staff has proposed that the City conduct an issue identification workshop for the south Oneka Lake area on Saturday, October 18, 1997, at the Rice Lake Park Building, from 9:OOAM to 1:OOPM. This workshop is meant to develop goals and objectives to guide development of the south Oneka Lake area lying between Forest Boulevard, Greene Avenue, the north line of Section 17 and 147th Street/Oneka Lake Blvd. There are a number of issues currently affecting this area, including extension of municipal sewer and water services, storm water management, the correction of existing flooding on Oneka Lake and along 165th Street, future street locations, property access issues, proposed zoning clarifications, and the possibility of MUSA extensions. It is intended that this meeting will result in a list of common goals and objectives for development of the area, as well as a recommended zoning map. These recommendations will then be subject of a future public hearing before the Planning Commission for consideration as part of the City's Comprehensive Plan and zoning ordinance. City Council meeting of October 6, 1997 Page 5 Miron made motion, Goiffon seconded, setting October 18, 1997 for a South Oneka Lake Workshop at the Rice Lake Park Building, between the hours of 9:OOAM and LOOPM. All aye. Motion Carried. UNPAID UTILI'T'Y BILLS RESOLUTION The Council considered a resolution assessing unpaid utility bills against the properties identified. Leroux made motion, Miron seconded, to adopt RESOLUTION 1997-20, A RESOLUTION DECLARING UNPAID UTILITY BILLS BE PLACED ON THE TAX ROLLS. VOTING AYE: Barnes, Goiffon, Leroux, Miron Motion Carried. WORKPLACE SAFETY POLICY Previously, the Council received a copy of the Workplace Safety Policy prepared by the City Administrator. This item was placed on the agenda for continued Council consideration. Miron made motion, Leroux seconded, to table this matter until the City Council meeting of October 20, 1997. All aye. Motion Carried. WORKSHOP NOTICE Miron made motion, Barnes seconded, to schedule a special City Council meeting for October 18, 1997, at the Rice Lake Park Building, from 9:OOAM to LOOPM, to develop goals and objectives to guide development of the south Oneka Lake area. All aye. Motion Carried. Leroux made motion, Goiffon seconded, to adjourn at 9:01PM. All aye. Motion Carried. Mary Creager City C rk