HomeMy WebLinkAbout1994.04.04 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OE APRIL 4, 1994
The meeting was called to order by Mayor Stoltzman at 7:00 PM.
PRESENT: Barnes, Brunotte, Leroux, Miron, Stoltzman
City Administrator, Robert Museus
City Attorney, Greg Galler
City Engineer's Representative, Eric Wharton
City Clerk, Mary Ann Creager
Miron made motion, Brunotte seconded, to approve the minutes for March 21,
1994, as amended.
All aye. Motion Carried.
Leroux made motion, Miron seconded, to approve the minutes for the special
meeting of March 26, 1994, as submitted.
VOTING AYE: Barnes, Brunotte, Leroux, Miron
ABSTAINED: Stoltzman
Motion Carried.
Miron made motion, Barnes seconded, to approve the claims for April 4,
1994, in the amount of $41,049.86.
All aye. Motion Carried.
VAR I ANCE__..FECIUEST (PLOCHER)_
Dr. David Plocher, 12015 Heather Avenue North, has requested a variance to
the rear yard setback from 50' to 20' to install an in --ground swimming
pool. The property is zoned RR2, located within the Dellwood Fridge
subdivision, and is approximately five acres in size. The Board of
Adjustments did not consider this request due to a lack of a quorum. The
City's [wilding Inspector beli.eves:, that the site chosen by Dr. Plocher is
the only location suitable at the site for the pool due to grade
limitations and septic site location.
Leroux made motion, Brunotte seconded, to approve the variance request of
David Plocher, 12015 Heather Avenue North, to construct an in -ground
swimming pool on his property 20' from the rear property line (50' is
required).
All aye. Motion Carried.
SPECIAL_ USE_ PERMIT _t PULED
Mr. Frank Puleo, 6=75 165th Street North, has requested a SUP to allow the
retail sales of horticultural products grown on his property, and
construction of a temporary, tube -type greenhouse, located at the above
address.. The Planning Commission considered the request. on March 21,
1994, and recommended approval of said SUI'-"' request sub_iec.t to special
conditions. Mr. Puleo addressed the Council stating that he was not aware
of the PC condition limiting the structure's presence on the site from
April to August, and that he would like to use the building for Christmas
tree sales.
City Council meeting of April 4. 1994
Page 2
Leroux; made motion, Miron seconded, to approve the Special Use Permit
request of Frank. Puleo, 6375 165th Street North, to construr_t. a 21' x 48'
poly -covered greenhouse to allow for sales of horticultural products grown
on his property. Approval is subject to the following special conditions:
1. The SUP shall become null and void upon subdivision of the property,
excluding the subdivision of one 10 acre home site.
2. The temporary, tubelike structure shall be constructed in April, and
removed in August of each year.
3. Hours of operation are to be limited from 7:00 AM - 9:00 PM, seven
days a week.
Miron made motion, LeroUX seconded, to amend the previous motion by the
deletion of condition #2.
Barnes made motion, Miron seconded, to amend the original motion by adding
condition #3, stating that the site plan and proposed greenhouse plans be
provided to the Building Inspector for his review of safety of the
building for snow cover and wind resistance.
1st amendment - All aye. Motion Carried.
2nd amendment - All aye. Motion Carried.
Original Motion - All aye. Motion Carried.
SUBDIVISION APPLICATION. COUNTRY _PONDS)
On September 3, 1993, the Hugo City Council granted final plat approval
for the subdivision to be known as Country Ponds located along_ the east
side of Highway 61 in Section 29 of the City. Delineation of wetlands by
the Army Corps of Engineers has made development of the subdivision, as
originally approved, impossible. The developers have reapplied to reduce
the number of single family home sites to be developed from 98 to 57 in
order to avoid wetland impact. The Planning Commission considered the
request for subdivision of March 23, 1994, and recommended approval of the
preliminary plat subject to special condition=_. In addition, Country
Ponds has applied to the City for a permit to begin site -grading prior to
final plat approval. This request was considered by the City Council on
3/21/94, and tabled, subject to reconsideration after PC review of the
preliminary plat.
Miron made motion, Leroux•; seconded, to approve the preliminary plat for
COUNTRY PONDS SUBDIVISION, subject to the following special conditions:
1. The final plat must be submitted to the City Council within 90 days of
preliminary plat approval or preliminary plat shall be null and void.
2. Plat approval shall be contingent upon compliance with the plat
conditions, as well as the grading, storm water drainage, and utility
plans.
3. All conditions of plat approval must be met prior to the stamping of
any deeds for recording by the City Clerk, unless otherwise permitted
by Council action.
City Council meeting of April 4, 1994
Page 3
4. The property lines on site must be identified by the applicants to
assure proper setbacks when buildings are to be constructed, if
required by the building inspector. All lots must be properly staked.
5. Proposed driveways or drainage areas within the development must
include installation of a minimum 15" diameter corrugated metal
culvert in a manner acceptable to the City.
6. No building permits shall be issued until the plat has been approved
and recorded with Washington County.
7. The securing of the required permits from the watershed district,
Department of Natural Resources, and Army Corps of Engineers prior to
final plat approval.
S. All fees relating to this subdivision shall be paid by the applicant
including the cost of recording documents with Washington County.
9. Any driveway permits requiring access to highways or county roads may
not be issued until the necessary permits are secured from Washington
County or MNDOT.
10. Dedication of required parkland or payment of fee in lieu of parkland
dedication shall be paid to the City at the time of final plat
approval.
11. The lowest floor elevation of any structure in this subdivision shall
be determined prior to final plat approval.
12. Installation of required roadways including street, curb and gutter,
storm water control, and utilities shall be installed at the
developer's expense.
13. Subdivision approval shall be contingent upon full compliance with the
Development Agreement between the City and developer.
14. No improvements, landscaping, or grading shall be permitted in the
identified drainage areas without the express written authorization of
the City and the appropriate watershed districts.
15. All property owners shall be responsible for maintenance of drainage
areas within easements on their property.
16. The developer shall comply with all requirements and restrictions
applicable to identified wetlands.
17. The developer shall deposit with the City an initial amount of $5,000
to cover legal, engineering, administrative, and other costs related
to this development.
18. The developer agrees that lots to be abutting on cul-de-sac or
termination turnarounds of streets shall be provided with adequate
off-street parking, Such that the City could prohibit on -street
parking, if deemed necessary for safety or maintenance purposes.
19. The developer shall provide a financial guarantee equal to 1.25 times
the amount of the required public improvements to be installed to
serve lots within the plat.
20. The developer shall be responsible for street signs, identifying
mailbox locations, providing as --built drawings, installation of trees,
and culverts within the development, as required.
21. No significant deviations from the approved final plat shall be
permitted unless reviewed by the Council.
22. Any exterior lighting or advertising activities on site must be
approved by the City.
23. The use for which this permit is Sought is not in violation of any
restrictive covenants applying to the property referenced herein.
City Council meeting of April 4, 1994
Page 4
24. The developer shall permit access to the referenced site for periodic
inspections to assure conformance with the special conditions.
25. All drainage and erosion control methods proposed for this
development shall be completed prior to the City accepting the
roadway or public improvements serving said development.
26. Legal descriptions of all parcels to be subdivided shall be included.
27. Copy of the current Army Corps of Engineers permit for this project
shall be provided to the City.
28. Obtain necessary Rice Creek: Watershed District permits required for
this project.
29. The City is in receipt of a letter from the DNF dated February 14,
1994, regarding the amended plat. Any approval provided this plat
will be conditioned upon compliance with the DNR's permitting
process. Any correspondence regarding the National Pollution
Discharge Elimination System (NPDES) Permit should be provided to the
City.
30. A revised permit will be necessary for access to Trunk: Highway 61
from MNDOT.
31. City Ordinance 290-7, Subd. A (3) (e), requires a utility plan be
provided to the City.
32. Rename Fiona Ave., from Trunk:. Highway 61 to Fiona Circle as 136th St.
33. Use of the soil from the ponds being created along Trunk. Highway 61
to create a berm along Block: 2 of the State highway will provide a
buffer benefitting the neighborhood. A common landscaping plan for
the bermed area would enhance the appearance of the subdivision and
should be considered by the developer.
34. Delineate the boundaries of the 100 year flood plain in the
development area in order to ensure compliance with the City's flood
plain ordinance.
35. A large wetland area, unusable for building, be platted as Outlot A,
and dedicated to the City for public use.
36. Lot 6, Block: 1 will not be developed until the temporary cul-de-sac
on 137th Street is vacated.
VOTING AYE: Barnes, Brunotte, LerOUX.. Miron
VOTING NAY: Stolt man
Motion Carried.
Mayor Stolt man stated that he voted against the subdivision because of
possible negative effect on downstream property owners.
SURD I V I S l:('.]N APPLICATION _ .( wH i -[F....._BEAR -MEADOW a )
Mr. Jack:. K:ornovich, 11499 Martin Street NUJ, Coon Rapids, MN., has made
application to subdivide approximately 21 acres located in the NE quadrant
of 140th Street and Fenway Avenue, into 51 single family residential lots.
In addition, he has requested a variance to Hugo City Code to allow the
creation of 10 double -frontage lots along the MWCC sewer line. The
Planning Commission considered their request on 3/23/94, and a motion to
approve the plat, with the conditions, failed to pass on a tie vote. The
PC then voted to send the preliminary plat to the Council. without a
recommendation. Two issues of special concern were the traffic impacts of
the development on 140th Street over the railroad tracks to Trunk: Highway
61, and the MWCC trunk: interceptor easement along Lots 8-17, Block 1, of
the proposed subdivision.
City Council meeting of April 4, 1994
Page 5
Following the FC meeting, the developer indicated he would be agreeable to
the City ordering a traffic assessment of 140th Street, which would be
billed against the developer's escrow account. In regard to the MWCC
easement, the PC felt that, if possible, it would be preferable to move
the Fenway Avenue easement to coincide with the MWCC's easement. Fenway
Avenue should be considered as a future collector street for the area, and
an 80' easement should be obtained for the roadway, as it abuts against
the subdivision. This would also remove the need for a variance for
double-frontage lots according to City code. Also, it would be in the
City's interest to insure that the lots abutting Fenway Avenue have a
usable rear yard, including a location for screening vegetation between
the MWCC easement and Fenway Avenue, as well as location for accessory
buildings and uses.
Miron made motion, Barnes seconded, to table action on the preliminary
plat in order to allow the City's engineer time to complete a
traffic-impact analysis, and assess the need for additional access to the
development from the north, at the developer's expense.
All. aye. Motion Carried.
Mayor Stolt man felt it would be a good idea to document the types of
businesses being conducted adjacent to the proposed subdivision, in the
event of future complaints.
PETITION FOR ENVIRONMENTAL REVIEW (WOODS OF BALD EAGLE)
The City of Hugo and the Environmental Quality Board have received a
petition from home owners located in the vicinity of the proposed Woods of
Bald Eagle subdivision requesting preparation of an Environmental
Worksheet for the proposed development. The letter from the EQB outlines
the process to be followed by the City in determining whether or not an
EAW should be required for this project.
Miron made motion, Leroux seconded, to table action on the petition until
April 14, 1994, to allow an EAW be completed by Mr. Pete Willenbring of
OSM.
All aye. Motion Carried.
BOARD OF ADJUSTMENTS VACANCY
Miron made motion, Leroux seconded, to appoint Andrew Goiffon to Board of
Toning Adjustments, for a term to E:cl::)ire 12/31/94.
All aye. Motion Carried.
FEASIBILITY REPORT___J_E G(3 LA E _ROAD _U-I_ I L I TY EX-1 - ENS I ON )
Eric Wharton, representing k::uusisto Engineering, was present to explain
and answer questions regarding the feasibility report for extension of
sewer and water utilities along Egg Lake Road to Goodview Avenue.
City Council meeting of April 4, 1994
Page 6
Barnes made motion, Miron seconded, to proceed with a public hearing for
the extension of sewer and water utilities along Egg Lake Road to Goodview
AVL -nue.
All aye. Motion Carried.
TRAFFIC SIGNAL MAINTENANCE AGREEMENT
The City of Hugo has received a response from Mary Hauser, Chairperson,
Washington County Board of Commissioners, in response to the City's letter
objecting to Washington County's policy of sharing the maintenance costs
of traffic signals placed on County roads. The Council also reviewed a
revised Agreement between the MNDOT, Washington County, and the City of
Hugo in accordance with Washington County's current policy on signal
maintenance for Council consideration.
Leroux made motion, Miron seconded, approving the Minnesota Transportation
Department Traffic Control Signal Agreement No. 71820 between the State of
Minnesota, Department of Transportation, Washington County, and the City
of Hugo, to install a new traffic control signal on Trunk. Highway N(--). 61
at County State Aid Highway No. 8 (145th Street).
All aye. Motion Carried.
COUNTY B I K'E_.TRAIL ( LETTER SUPPORTING GRANT APPLICATION)_
Washington County requested support from the City of Hugo in obtaining
funding for the development of a multi -use trail along the abandoned
Burlington Northern Railroad alignment adjacent to US Highway 61, from
Hugo to the Washington/Chisago County line. The Council considered a
draft letter from the County in support of the project..
Barnes made motion, Stolt man seconded, that the City of Hugo forward the
proposed letter to Washington County in support of this project.
All aye. Motion Carried.
CULVERT S PARKER)
Jerry Par6:.er- and Richard Ophus, adjacent property owners along Ingersoll
Avenue, have requested the City realign a culvert located on Mr. Parker's
property, so that it would drain on the property line between them. Mr.
Parker and Mr. Ophus gave agreed to pay for one half the cost of moving
the culvert, which would entail some repairs to the bituminous surface of
Ingersoll Avenue. Mr. Parker is concerned that the water draining from
the culvert is making a. portion of his land unusable, and is a detriment
to the trees located on the site.
Lerou>: made motion, Barnes seconded,
investigate matter with field staff.
expended, determine if there is any
All aye. Motion Carried.
to table this matter to further
Because City funds would be
benefit to the City.
City Council meeting of April 4, 1994
Page 7
FIRE INVESTIGATION _( EPOBT)
Based on concerns raised by the Mayor, the City Administrator conducted an
investigation into the actions of the Hugo Volunteer Fire Department
during a fire on Egg Lake Road. A report was provided for Council
consideration.
Miron made motion, Brunotte seconded, to accept the Administrator's report
with regard the fire on Egg Lake Road.
All aye. Motion Carried.
ANIMAL CONTROL ORDINANCE
The Council considered a draft Animal Control Ordinance prepared by the
City Attorney. Staff has encountered difficulties in obtaining a
draft -agreement with Animal Control and Management, Inc., for enforcement
of the Ordinance. It was suggested that the keeping of exotic animals be
incorporated in the proposed ordinance.
LeroUX made motion, Brunotte seconded, to table action on the proposed
ordinance until the ability to enforce the ordinance is clearly defined.
All aye. Motion Carried.
CARNELIAN/MARINE WATERSHED BOARD VACANCY
The City of Hugo received notice of a vacancy in the Carnelian"Marine
Watershed's Board of Directors, to be filled by the Washington County
Board of Commissioners. If the City wishes to recommend a particular
individual to serve in this capacity to the County Board, such
recommendation should be made to the County no later than April 18, 1994.
No action was taken on this matter.
LETTER FROM NEW HEIGHTS SCHOOL. INC.
The City received a letter from New Heights School, Inc., of 'Stillwater,
MN., requesting consideration in leasing the Rice Lake Park: building to
the school for educational activities. As of this time, no specifics are
available, and staff requests guidance from the Council whether it is
interested in entering negotiations with the school.
Miron made motion, LeroU.; seconded, directing City staff to obtain a
proposal from the school, and the City Attorney review and repc:�rt on said
proposal .
All aye. Motion Carried.
CITY COUNCIL WORKSHOPS (APRIL. 1994)_
A Council workshop was scheduled for April b, 1994, at 7:30 Pt1, to discuss
the Fire Department's budget. Fire Chief, Jim Wisner, will not be able to
attend that evening, and has requested a delay of the workshop. If it is
City Council meeting of April 4, 1994
Page 8
the Council's desire to move the workshop, then this evening's meeting
should be recessed, as there is insufficient time to provide legal notice
of the meeting. Also, as part of the process of the transition of City
Engineers, staff requests the Council establish a workshop to discuss
priorities of pending engineering projects, and recommends April 11, 1994,
if feasible.
Miron made motion, Leroux; seconded, to schedule workshops for the
following dates:
1. April 11, 1994, 7:30 PM, Hugo City Hall, for the purpose of discussion
of pending engineering projects with OSM, the City's new engineering
firm.
2. April 13, 1994, 7:30 PM, Hugo City Hall, for the purpose of discussion
of 1994 capital expenditures.
All aye. Motion Carried.
CHARITABLE GAMBLING LICENSE (HUGO FIREMEN'S REL.._IEF ASSN
Stolt man made motion, Barnes seconded, that the City of Hugo has no
objection to the issuance of an Charitable Gambling License to the Hugo
Firemen's Relief Association, for conducting of bingo June =,4,5, 1994 and
raffle on June 5, 1994. The City also waives the .30 -day waiting period.
All aye. Motion Carried.
BOARD OF REVIEW
The Council was reminded that the City's Board of Review will meet on
Monday, April 18, 1994, between 9:00 AM and 11:00 All.
JOINT MEETING WITH LING LAKES
Miron made motion, Leroux; seconded, to schedule a joint meeting with the
Lino Lakes' City Council for April 20, 1994, subject to approval of Lino
Lakes.
All aye. Motion Carried.
There was discussion about a joint meeting with the environment and
economic_ development committees, with the City Council, at the Planning
Commission meeting of April 27, 1994.
Brunotte made motion, LeroUX seconded, to recess tonight's meeting at
10:16 PM, until April 11, 1994, at 7:30 F''t•1.
1 aye. MMotion� C rried.
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