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HomeMy WebLinkAbout1995.07.05 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF JULY 5. 1995 The meeting was called to order by Mayor Fran Miron at 7:00 PM. PRESENT: Barnes, Goiffon, LaValle, Leroux, Miron City Attorney, Greg Galler City Engineer, Joel Dresel City Clerk., Mary Ann Creaqer The following items are to be added to tonight's agenda: discussion on Homestead Avenue Pond and correspondence from Met Council. LeroLIX made motion. Barnes seconded, to adopt the following consent agenda: Minutes for City Council meeting of June 19, 1995 Claims for ,July 5, 1995 in the amount of $86,C-)51.92 Letter to Erichson Recycling Grant Set Hearing Date (Shoreland Ordinance) Park. Use Request (Health East) Variance (Watkins) Table Certificate of Occupancy Ordinance The foregoing Consent Agenda was adopted unanimously. 134TH STREET RAILROAD GRADE CROSSING In response to Council request, the City Engineer prepared a cost estimate to request an additional street crossing of the Burlington Northern railroad line, running parallel. to T.H. 61. The proposed crossing is at 134th Street. Leroux made motion, Barnes seconded, directing City staff to prepare the required study for an additional street crossing of the BUrlington Northern Railroad line running parallel. to T.H. 61, and submit an application to MNDOT and Burlington Northern Railroad for said crossing. All aye. Motion Carried. SPECIAL USE. PERMIT - HARL..EY JOHNSON Mr. Harley Johnson, Jr., 14196 Fenway Avenue, has requested a Special Use Permit to construct a. 66' X 48' pole barn at the above address. The property i=. Currently zoned RR1, which allows 1.200 sq. ft. of accessory buildings. Thi_. property is aubiect to an existing SUP permitting a 48' X 63' strur_tUre already located on the site. Mr. Johnson has stated that he needs. t_t-;e additional building to store farm equipment related to his sod business. The Planning Commission considered this request at their meeting of June 28, 1995, and recommended approval with no conditions. Councilman LaValle stated that because he lives adjacent to Mr. Johnson, he would be abstaining from voting on this matter. He also stated that this would be a good time to review Mr. Johnson's SUP because of the potential of problems with new residents and his trucking business, the following concerns were addressed: document as to what exists relative to his business, truck traffic, hours of operation, and dust on Fenway Avenue. City Council meeting of Jul;/ 5. 1995 Page 2 Barnes made motion, Goiffon seconded, that the City Council refer the Harley Johnson request to the Planning Commission for consideration of an Amended SUP. Staff is to work. with Mr. Johnson to establish parameters for Mr. Johnson's business to aid the Planning Commission in the permitting process. VOTING AYE: Barnes, Goiffon, Leroux, Miron ABSTAINED: LaValle Motion Carried. SUBDIVISION REQUEST - DAVID LUT7 Mr. David Lutz and Mrs. Lorna Lutz requested to subdivide an approximately 57.7 acre parcel of land described as the north 68 1/4 rods of government. Lot 2, and all of Government. Lot , in Section 25, T31N, R21W, Washington County, Minnesota. The property is zoned agricultural and lies within the lakeshore district of North School Section and South School Section Lakes. The Lutz's propose to subdivide the property into three parcels of 20.1, 2o.' and 17.3 acres in size. All the lots meet the dimensional requirements of the City's zoning ordinance and shoreland ordinance, and lie within the Brown's Creek Watershed District. The wetlands on the site have been delineated by the Washington County Soil and Water Conservation District. The City received notification from Washington Count,, Department of Public Works that driveway permits will be issued for connection to C.R. 57. The Hugo Planning Commission considered this request at their meeting of June 28, 1995, and recommended approval of the subdivision subject to special conditions. Councilman LaValle questioned why percolation tests were not submitted for the site. David Lutz, Jr., stated that the test have been completed, but the results are not let available. Leroux made motion, Barnes seconded, to approve the minor subdivision request of David and Lorna Lutz to subdivide 57.7 acres into three parcels of 20.1, 20.3.. and 17.3 acres .in size. Approval is subject to the following special conditions: 1. Submission of workable pert tests for all three lots, along with approval of septic site locations by the Washington County Department of Health. Ponding and flowage easements be provided to the City for all identified wetlands on the site. 3. Locations be identified on the site plan for home construction outside of the flood plain boundaries which will meet the City's requirements for ground water separation and building setback requirements. 4. Payment of parkland dedication in the amount of $1.000.0o All aye. Motion Carried. AUTO RECYCLING LICENSE (HUGO AUTO)_ Richard and Mikel Brandt requested renewal of their Automobile Recycling License for their business known as Hugo Auto, at 16615 Forest Boulevard North. Staff recommended approval of the license subject to conditions. City Council meeting of July 5, 1995 Page _ Councilman LaValle stated that he was concerned with the demolition site located out side of the screened area, and had heard about a report of the site from Jennifer Volkman from MPCA, and was waiting for a copy of said report from her. Miron made motion, Leroux; seconded, to table this matter until the meeting of July 17, 1995. All aye. Motion Carried. PUBLIC HEARING ( PROPOSED DOG ORDINANCE Z A public hearing was held to consider adoption of a proposed ordinance regulating dogs in the City, including the keeping thereof and providing for their licensing. The public hearing was called to order and the following comments were made by attending residents opposed to the proposed ordinance: reference to "nuisance" was too vague, opposed to implied consent, too much power to animal control officers (bounty hunters), licensing requirements for kennels/dogs, and how will fees be used. Comments from residents favoring an ordinance: barking dogs, dogs running at large, and harboring vicious animals. A large number of the residents present at the hearing offered their expertise to aid the City in adopting an acceptable ordinance for the Cit;. LaValle made motion, Go.iffon seconded, to table the proposed ordinance for 60 days to allow input from residents. Council members Debra Barnes and Marvin LaValle will. meet with residents and report their recommendat.iOns to the Council. All ave. Motion Carried. PRELIMINARY PL.AIT/ PUD _APPROVAL _ ( WOODS OF BALD EAGLE) The Council reviewed the proposed conditions of preliminary plat approval. for the development known as Woods of Fuld Eagle. It is envisioned that two separate Agreements will be entered into between Grace Development Corporation and the City. The first is a Development Agreement for the residential development, as proposed. The seconded Agreement would indicate, in concept, the future development of the Corporation's property to the north and east. Future development of this property would be subject to its own subdivision approval process. Ler-OUx: made motion, LaValle seconded, for preliminary plat approval for the PUD of Woods of Fuld Eagle subject to Development Agreements for Phase 1 as Outlined in the Proposed Conditions of Preliminary Flat Approval for Woods Of Bald Eagle, dated June 28, 1995, as amended, and to include other terms and conditions to be worked out between City staff and the Developer in line with the City's normal policies, and also upon the successful drafting and agreement to a second Development Agreement regarding future possible phases of the PUD. All aye. Motion Carried. City Council meeting of July b, 1995 Page 4 SPECIAL USE PERMIT (RIVER CITY ASPHALT MINING PERMIT (RIVER CITY ASPHALT) Goiffon made motion, Leroux; seconded, to table these matters until the City Council meeting of July 17, 1995. All aye. Motion Carried. BESA LETTER Mr. Eugene Schutte, President of the Bald Eagle Sportsman Assn., requested that the City Council reconsider its action denying the Association's request to amend their SUP to allow the use of black powder firearms on their shooting range. This action was taken at the Council meeting of May 15, 1995. Mr'. Schutte was present at the meeting stating that black powder firearms are no louder than smokeless, and the Club would allow only members to use them. The Council stated that they were comfortable with previous Council action, and no motion was made to reconsider the request. WASHINGTON COUNTY TRAIL USES The City received a letter from the Washington County Board of Commissioners requesting the City's opinion on the appropriate uses of the Hardwood Creek Regional Trail, which will be constructed on the bed of the old Burlington Northern Railroad north of C.R. 8. The County has requested that the City coordinate its efforts with the City of Forest Lake and Forest Lake Township in recommending consistent trail-USe programs. Attorney Galler suggested that the Mayor talk: directly to the communities with Hugo's recommendation that the trail not be used for motorized vehicles. ROCK CRUSHER ORDINANCE The City Council conducted a public hearing on March 20, 1995 to consider adoption of an ordinance amending the City's zoning ordinance to define the use of rock crushers in the various zoning districts of the City. Leroux; made motion, Goiffon seconded, to adopt ORDINANCE 95-301, AN ORDINANCE CLARIFYING CITY ORDINANCES REGARDING THE OPERATION OF ROCK CRUSHERS WITHIN THE AGRICULTURAL DISTRICT OF THE CITY. VOTING AYE: Barnes, Goiffon, LaValle, Leroux:, Miron Motion Carried. ATKINSON MEETING REQUEST The City received a letter from Mr. Dean Atkinson requesting a meeting between representatives of the City and himself to discuss the conditions to be applied to the Mining Permit for his property located in the SW quadrant of Irish Avenue and 147th Street. City Attorney Galler is to notify Mr. Atkinson's attorney that discussion will take place after Mr. Atkinson makes application for a Mining Permit. City Council meeting of July 5, 1995 Page 5 MISCELLANEOUS Council member Barnes reported on a meeting of the Rice Creek. Technical Advisory Committee, of which she is a member. Barnes made motion, Leroux seconded, directing the City Engineer to send a letter to the Rice Creek Watershed District supporting the District's position to include Hardwood Creek and Clearwater Creek in the Clearwater Creek trunk system. All aye. Motion Carried. HOMESTEAD AVENUE FOND The City received a letter from Fete Willenbring of OSM regarding the possibility of temporarily opening the Homestead Avenue Fond outlet, The slide gate is leaking, and water is 4" to 5" above the gate. Miron made motion, Goiffon seconded, to direct City staff to proceed to worth: with property owners to obtain an agreement to allow for drainage from the Homestead Avenue pond. All aye. Motion Carried. Barnes made motion. Leroux seconded, to adjourn at 11:00 PM. All ave. Motion Carried. Mar Creager City Jerk