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