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HomeMy WebLinkAbout1996.02.05 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF FEBRUARY 5,._1996 The meeting was called to order by Mayor Fran Miron at 7:10 PM. PRESENT: Barnes. Goiffon. LaValle. Miron City Administrator, Robert Museus City Attorney, Greg Galler City Engineer, Tom Angus City Clerk, Mary Ann Creager ABSENT: Jim Leroux: Goiffon made motion. LaValle seconded, to approve the following Consent Agenda: Minutes for the City Council Minutes for the City Council Minutes for the City Council Minutes for the City Council Minutes for the City Council Minutes for the City Council Claims for February 5, 1996 1996 Law Enforcement Contract Subdivision (Duran) All aye. Motion Carried. VARIANCE - NORRIS meeting of January 10, 1996 meeting of January 12, 1996 meeting of January 16, 1996 meeting of January 17, 1996 meeting of January 22, 1996 meetinq of January 30, 1996 Darlene Norris, 5512 147th St., Hugo requested a variance from City ordinance requiring a flour foot separation between the lowest floor elevation of the residence and the ordinary high water level, or a two - foot separation from the 100 -year flood plain, whichever is higher. Ms. Norris desires to build a new house at the above address with a first floor elevation 6" above the identified high ground water level. The Board of Adjustments reviewed this request on January 24., 1996 and recommended denial of the variance. Barnes made motion, LaValle seconded, to deny the variance request of Darlene Norris to build a new house with a first floor elevation of 6" above the identified high ground water level, where ordinance requires four feet, qiven the many wet basements in the City and other flooding problems, as well as the Norris' ability to construct a house on the site that would meet the ordinance requirements. All aye. Motion Carried. RICHARD SCFIREIER SUBDIVISION Mr. Richard Schreier, 95 Owasso Blvd, St. Paul.. requested a subdivision of approximately 97 acres of agricultural zoned property into nine lots. The subdivision generally would meet the requirements of the City's subdivision regUlations, except for Lot 9, which would require a variance from City code Chapter .320-4, Subd. O (5), which requires of road frontaqe at the front setback. line. As proposed, this lot would only have 50' of road frontage. The Planning Commission reviewed this request on January 24, 1996, and recommended denial of the subdivision and variance. City Council meeting of February 5, 1996 Page 2 LaValle made motion, Goiffon seconded, to deny the request of Richard Schreier for a subdivision of approximately 97 acres into nine lots because the application was not signed by fee owner Gerald Mogren and the subdivision does not meet the City's requirements for public road frontage and Lot 4 is split in half by wetlands. All aye. Motion Carried. DESCHANE BUILDING PERMIT Mr. David Deschane, 1358(--) Geneva Ave. North, is in violation of the City building code by not paying for a building permit issued to him on April 4, 1994, nor has he scheduled an inspection of the deck. This matter has been reviewed by the City Attorney, who has provided written comments. Staff recommended that the City Council consider this matter under Hugo City Code Chapter 232, which sets up the system for the City to process allegations and violations of City -issued permits and licenses. Mr. Deschane was notified that this matter would be presented to the Council at tonight's meeting, but he did not appear. Miron made motion, LaValle seconded, to schedule a hearing for March 18. 1996, at 7:05 PM, Hugo City Hall, under Chapter 232, for nonpayment of a building permit by David Deschane, 1.3580 Geneva Avenue, Hugo, MN. All aye. Motion Carried. COMPREHENSIVE FLAN REVISION Ed Elliott was present to discuss the Council's wishes in finalizing the City's Comprehensive Flan. As a result of the last meeting, no substantial changes were made to the draft copy presented to the Council. last month. After a lengthy discussion of the clustering concept, the following motion was made: Miron made motion, Goiffon seconded, directing Ed Elliott to rewrite the Plan's goals, with a bonus density for clustering, but not making it mandatory. The Flan is then to be returned to the Council for appro,.tal. All aye. Motion Carried. ATK.:INSON MINING PERMIT On January 24, 1996, Mayor Miron, Councilman LeroUX, and City Administrator Museus met with Dean and Ruby Atkinson and their- attorney Anthony Gleek.l, to discuss the mining permit required for the Atkinson property located in the southwest quadrant of the intersection of Irish Avenue and 152nd St. The Atkinson's requested that the City amend its mining ordinance to allow recycled materials to be crushed on the site of ongoing mining operations in amounts that, over the life of the mining operation, cannot exceed the amount of material mined from the site. Councilman LaValle stated that he was opposed amending City ordinances to accommodate a particular situation. City Council meeting of February 5, 1996 Page _ Miron made motion, LaValle seconded, directing the City Attorney draft an amendment to the Mining Ordinance, for Council review, prior to the scheduling of a public hearing. VOTING AYE: Goiffon and Miron VOTING NAY: Barnes and LaValle Motion Failed Miron made motion, Goiffon seconded, to table this matter for discussion at a later date. All aye. Motion Carried. COUNTRY PONDS (TONY EMMERICH) Mr. Tony Emmerich was present at the meeting requesting that the City amend the Development Agreement (Paragraph 1.:K) for the Country Fonds subdivision to allow him to sell Lot 6, Bloch: 1. LaValle made motion, Goiffon seconded, authorizing issuance of a Building Permit for Lot 6, Block 1, of the Country Ponds subdivision, subject to the following conditions: 1. Staff approval of an appropriate escrow amount to cover future removal of the cul-de-sac at the east end of 134th Street, and landscape of the development along T.H. 61. . The developer shall remove all silt fence from the site. 3. The developer shall submit a landscaping plan for the area adjacent to T.H. 61. All aye. Motion Carried. TRUNK HIGHWAY 61 SPEED STUDY At the request of the City Council, MNDOT conducted a speed study on T. H. 61 from 152nd Street to a point south of C.R. 8A. The Council requested this study in order to potentially reduce the speed limit from 152nd Street into the City's commercial area. As a result of the study, MNDOT indicated that upon City request, a buffer zone could be created from approximately 152nd Street south to where the 30 mph speed limit begins. This buffer zone will be posted at 45 MPH. MNDOT stated that the speed study indicated no unusual pattern of traffic accidents in this area, and that the current speed limits seem to be operating safely. Miron made motion, LaValle seconded, directing the City Administrator forward a letter to MNDOT requesting establishment of a buffer zone be created from 152nd Street south to where the ?i► mph speed limit begins. All aye. Motion Carried. EMPLOYEE DISCIPLINARY HEARING Due to the resignation of the employee from the Fire Department, the following motion was made: City Council meeting of February 5, 1996 Page 4 LaValle made motion, Barnes seconded, that the public hearing to consider whether disciplinary action is warranted against a City employee for not meeting attendance requirements of the Fire Department be stricken from the agenda. All aye. Motion Carried. BROWN'S CREEK* ASSESSMENT ROLL At the hearing of January 22, 1996, conducted by the Hugo City Council and the May Town Board, staff was directed to review the adequacy of the proposed assessment roll for the planned Upper Brown's Creek. Water Management District. There are two potential options for establishing the assessment roll: 1. Use the regulatory boundary of the Brown's Creek Water Management Organization. 1). Use the hydrologic boundaries of the area contributing to the drainage area. The project engineer stated that developing either of the assessment rolls is about the same amount of work. and the price for either would be approximately $2,800. Miron made motion, Goiffon seconded, directing staff to utilize the hydrologic boundaries of the Brown's Creek watershed district to determine an assessment roll, at a cost of approximately $21,800. All aye. Motion Carried. TAX FORFEIT PROPERTY ACQUISITION REPORT The City Administrator provided the Council with an update on the mechanism available to the City to acquire approximately 80 acres of tax forfeited property along Clearwater Creek, south of 140th St. No action was required. BALD EAGL...E P I D The Council reviewed the City Administrator's report and recommendation for the establishment of a planning team to prepare for the redevelopment of the Bald EaQle Industrial Park and adjacent areas. Miron made motion, Barnes seconded, directing staff to initiate the planning process for the Bald Eagle Industrial Parti:.. Councilman LaValle stated that this issue will create a conflict of interest for him as he has property located in the development area. He stated that he will be making a decision shortly as to how he will deal with the conflict. VOTING AYE: Barnes, Goiffon, Miron ABSTAINED: LaValle Motion Carried. City Council meeting of February 5, 1996 Paqe 5 CORRESPONDENCE The Council received notice of a planning/development meeting to be held at the Washington County Board Froom on February 29, 1996, from 7PM - 9PM. Miron made motion, Barnes seconded, directing staff to notice a joint meeting of the Planning Commission and City Council to allow for attendance of a planning/development meeting at the Washington County Board Room on February 29, 1996, from 7PM to 9PM. All aye. Motion Carried. The Administrator was asked to draft a letter, for the Mayor's signature, thanking Wilson Tool for their hospitality at their tour on 1/25/96. ROGER DUPAUL The City Attorney asked the Council what his role is to be in the Hugo/DUpaUl litigation, now that the League's insurance company will be representing the City. The Council suggested that Mr. Galler attend any hearings to "piggyback." on their work for possible permit enforcement in the future. BROWN'S CREEP:: LGU Washington County Soil and Water Conservation will be reviewing subdivision applications for the Brown's Creek. WMO. Miron made motion, Goiffon seconded, to table discussion of this matter to allow staff time to review the Joint Powers Aqreement with Minnesota Soil and Water Conservation Districts to administer the Wetland Conservation Act for area in Hugo outside of the RCWD. All aye. Motion Carried. GRANT TOWNSHIP Attorney Galler stated that he will now be the attorney for Grant Township, which could create a conflict when dealing with Cal Barr's subdivision known as Mann Lake Estates, as it borders HUgO. A source of conflict would be closing of the railroad crossing at Irish Avenue. Miron made motion, Barnes seconded, authorizing the Mayor to meet with representatives from Grant Township in an attempt to resolve the railroad crossinq issue. All aye. Motion Carried. Barnes made motion, Miron seconded, to recess until February 8, 1996, Lino Lakes City Hall, All aye. Motion - rried. MarCreager, Ci / Clerk tonight's meeting at 10: 1•3PM at 7:00 PM.