Loading...
HomeMy WebLinkAbout1994.07.05 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF JULY 5, 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 Engineer, Joel Dresel City Clerk, Mary Ann Creager Leroux made motion, Miron seconded, to approve the minutes for the City Council meeting of June 20, 1994, as submitted. VOTING AYE: Leroux, Miron, Stoltzman ABSTAINED: Barnes and Brunotte Motion Carried. Leroux made motion, Barnes seconded, to approve the claims for July 5, 1994, in the amount of $26,223.21. All aye. Motion Carried. SPECIAL USE PERMIT (ANDERSON) Byron Anderson, 15624 Jeffrey Avenue, applied for a SUP to land -treat petroleum contaminated soil on his property at the above address. The property is zoned agricultural. Approximately •_00 cubic yards of petroleum -contaminated soil are to be transported from Lindbeck. Auto in White Bear Lake, and spread over 3/4's of an acre of Mr. Anderson's property. The Hugo Planning Commission considered this request on June 22, 1994, and recommended approval. Councilman Miron stated that in two previous applications for a permit to land spread contaminated soil, it had been determined to permit contaminated soil from within the community to be land treated in Hugo, but not to accept contaminated soil from other communities. The Council discussed the potential for residual, heavy metals to remain in the soil, and that other treatment options were available. Brunotte made motion, Barnes seconded, to deny the request of Byron Anderson, 15624 Jeffrey Avenue, for a Special Use Permit to land -spread approximately •_00 cubic yards of petroleum -contaminated soil on 3/4's of an acre of his property. VOTING AYE: Barnes, Brunotte, Leroux:, Miron VOTING NAY: Stoltzman Motion Carried. SPECIAL USE PERMIT (ATKINSON) Michael D. Atkinson applied for a Special Use Permit to construct a gas station, automatic car wash, and convenience store at 14029 Forest Blvd. The property is zoned RB, and contains .63 acres. Mr. Atkinson also requested a variance from the required 30' rear yard setback in order to construct his building 12' from his property line. The Hugo PC considered this request of June 22, 1994, and recommended approval of the SUP, with variance, subject to special conditions. Wayne Anderson, representing City Council meeting of July 5, 1994 Page 2 Mike Atkinson, addressed the Council explaining the proposed use of the business and property. The property owner to the east addressed the Coancil stating that he had no, objection' to the variance request, but wanted some assurance that his right to privacy, would. be maintained. Miron made motion, Brunotte seconded, to approve the SUP for Mike Atkinson to allow for a gas station, automatic car wash, and convenience store at 14029 Forest Boulevard. Approval is subject to the following special conditions: 1. Acquisition of 25' of right-of-way along STH 61 from MNDOT. 2. The City Engineer is to verify that there is adequate water supply to the site. 3. The City Engineer is to review the ponds and water retention on the site, as required by the RCWD and DNR. 4. Appropriate driveway permits are to be obtained from MNDOT and Washington County. Miron made motion, Leroux seconded, to amend the previous motion by adding conditions 5 and 6: (#5) All lighting on the property is to be directed away from surrounding residential property. (#6) Adequate fencing of the site to be provided. VOTE ON AMENDMENT: All aye. Motion Carried. VOTE ON ORIGINAL MOTION: All aye. Motion Carried. Stoltzman made motion, Barnes seconded, to table the variance request until such time as a revised site.plan is submitted for review. All aye. Motion Carried. TEMPORARY MOBILE HOME PERMIT (THOMPSON) Mr. Dennis Thompson, 13755 Elmcrest Avenue, submitted a petition to place a mobile home on his property at the above address on a temporary basis while he constructs a new home on the site. Such a permit is permitted by Chapter 40, Article 3-12A of the Hugo Municipal Code. Staff recommended approval of the request for a temporary mobile home permit. Stoltzman made motion, Miron seconded, to approve the request of Dennis Thompson, 13755 Elmcrest Avenue, for a temporary mobile home permit while he constructs a new home on the site. Approval is subject to the following special conditions: 1. The temporary mobile home permit is to be issued for a period of 90 days, starting with the date of issuance of the building permit for the new home to be constructed on the site, with renewal of the permit be authorized by the City Building Official for 90 day periods, up to a total of 24 months. If, during any 90 -day period, no substantial work is performed on the new home construction, the permit renewal shall be denied, and the property owner shall remove the mobile home from the site within 30 days of the date of the end of the last permit renewal. City Council meeting of July 5, 1994 Page 3 2. Prior to moving the mobile home onto the site, the property owner shall install an individual sewage treatment system to serve the trailer home in accordance with City -Ordinance, and construct a well for potable water supply in accordance with the requirements of the MN Dept. of Health. All aye. Motion Carried. ALTERNATIVE SECURITY FORMAT (DUCK PASS SUBDIVISION) Mr. Dan Dolan requested that the City consider an alternative financial guarantee regarding the Duch; Pass development. A draft copy of the proposal, as prepared by the City Attorney, was provided to the City Council for consideration. This alternative would waive the requirement for the developers of the subdivision to post a separate security, in the amount of 125% of the public improvements to be constructed as part of the project, and instead, create a separate agreement where the funds for the project are placed in escrow with the lending institution and released only upon the authorization of the City Council. The purpose of this change is to reduce project, interest costs for the developer. Miron made motion, Barnes seconded, to table this matter until the next meeting to allow the City Attorney to review and finalize the proposal. All aye. Motion Carried. STREET NAME CHANGE (RESOLUTION) Staff requested that the City Council adopt a resolution to correct an administrative error discovered in a street name in the plat known as Country Ponds. Specifically, 136th Street, as recorded on the final plat, should be named 134th Street in accordance with the City's Uniform Street Naming and Property Numbering System. Miron made motion, Leroux; seconded, to adopt RESOLUTION 94-10, A RESOLUTION CHANGING STREET NAME IN THE COUNTRY FONDS SURD. VOTING AYE: Barnes, Brunotte, Leroux:, Miron, Stoltzman Motion Carried. FPREPARATION OF PROPOSED ASSESSMENT FOR 13()TH STREET (RESOLUTION) The Council considered a resolution calling for declaration of cost to be assessed and ordering preparation of proposed assessment of the above noted project. Miron made motion, Brunotte seconded, to adopt RESOLUTION 94-11, A RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT. VOTING AYE: Barnes, Brunotte, Leroux;, Miron, Stoltzman Motion Carried. City Council meeting of July 5, 1994 Page 4 HEARING DATE (130TH STREET ASSESSMENT) Staff requested that the Council set August 1, 1994 as the date of the public hearing for consideration of the making of assessments for municipal water improvements to 130th Street and adjacent areas in the Bald Eagle Industrial Park. These improvements have been completed, and final project costs determined. Leroux made motion, Barnes seconded, to adopt RESOLUTION 94-12, A RESOLUTION FOR HEARING ON PROPOSED 130TH STREET ASSESSMENT. VOTING AYE: Barnes, Brunotte, Leroux, Miron, Stoltzman Motion Carried. CITY OF AFTON COUNCIL MEMBERS (RESOLUTION Two members of the Afton City Council requested that member cities of the League of Minnesota Cities Insurance Trust adopt a resolution directing the'LMCIT to pay their legal expenses regarding an alleged open meeting law violation. A letter explaining the reasons for the requests, as well as a letter from the LMCIT explaining their reasons for not reimbursing this expense, was included for Council consideration. Leroux; made motion, Barnes seconded, to deny/ the request of two members o the Afton City Council to adopt a resolution directing the LMCIT to pay their legal expenses regarding an alleged open meeting law violation. All aye. Motion Carried. Miron made motion, Leroux; seconded, directing staff to send a letter to LMCIT and the two members of the Afton City Council stating the City's reasons for not approving the requested resolution: 1. Empathy for Afton Council members. 2. Our understanding that the insurance does not cover such infractions. 3. Court precedence allowing for reimbursement of costs. 4. Ability to obtain own insurance. All aye. Motion Carried. ANOKA TECHNICAL COLLEGE (SERVICE AGREEMENT) The Council considered a proposed Agreement between the City of Hugo and the Anoka Technical College for the provision of Fire Department administrative and training services. This Agreement specifies that the City may purchase up to 700 hours of professional services at a cost not to exceed $36,036.00. This assistance will include the review, updating, and modification of Fire Department records to comply with the National Fire Protection Association's standards: review of past training, establishing future training needs based on the requirements of the NFPA, and work with the Department to establish a training program leading to current certification of all fire fighters. All training delivered will City Council meeting of July 5, 1994 Page 5 be contracted with/and or transcripts by Anoka Hennepin Technical College and certificates of successful completion will be provided to the City of Hugo for our records. Staff recommended approval of the Agreement. As this project will extend between budget years, staff also recommended the transfer of $19,000 from the City's Capital Equipment Account to the Fire Department Training Account to pay for services rendered in 1994. The City's 1995 budget will include the expected costs for this program in the next year. Miron made motion, Leroux seconded, to approve the training agreement between the City of Hugo and Anoka Hennepin Technical College for the provision of Fire Department administrative and training services, for an amount not to exceed $36,036.00. VOTING AYE: Barnes, Brunotte, Leroux, Miron VOTING NAY: Stoltzman Motion Carried. Miron made motion, Barnes seconded, to table the issue of transferring of funds until favorable for staff to present to City Council. VOTING AYE: Barnes, Brunotte, Leroux, Miron VOTING NAY: Stoltzman Motion Carried. SUMMONS AND COMPLAINT (GRACE DEVELOPMENT VS. THE CITY OF HUGO) The City of Hugo received a Summons and Complaint from an attorney representing Grave Development Corporation alleging that the City illegally denied the rezoning of approximately 46 acres of real property owned by Grave Development Corporation, west of Highway 61 and north of Bald Eagle Lake. The plaintiffs seek a judgement compelling the City of Hugo to rezone the property from SFE to SFU, as well as reimbursement of their legal costs in bringing this action. This complaint is currently under review by the City Attorney and the City's insurance company. MISCELLANEOUS The City received a letter from Wilson Tool stating their desire to reserve the City park on August 13, 1994. Also was included a copy of liquor liability insurance needed for distribution of beer and wine coolers on that day. Miron made motion, Leroux seconded, to approve the request of Wilson Tool to reserve the City's park on August 13, 1994, for their annual employee picnic. Approval is subject to the following: 1. Alcohol will be distributed by individuals 21 years or older. 2. Wilson Tool will provide two security people to patrol the grounds. All aye. Motion Carried. City Council meeting of July 5, 1994 Page 6 Councilman Brunotte reported on his meeting with representatives of Fuld Eagle Lake regarding possible closure of the lake to permanent fish houses. Barnes made motion, Leroux seconded, to place this matter on the agenda for July 18, 1994, for further discussion. All aye. Motion Carried. The City Administrator met with a resident regarding placement of the crosswalk on Highway 61 and 145th Street. The Administrator will follow-up on his discussion. ATKINSON MINING PERMIT There was further discussion regarding whether rock crushing would/could be allowed with Atkinson's Mining Permit. Miron made motion, Leroux: seconded, directing City staff to develop a policy regarding rock crushing in a Mining Permit, to be presented at the Council meeting of July 18, 1994. All aye. Motion Carried. WHITE BEAR MEADOWS Barnes made motion, Miron seconded, to.address the preliminary plat of the White Dear Meadows subdivision at this meeting. VOTING AYE: Barnes, Brunotte, Leroux, Miron VOTING NAY: Stoltzman Motion Carried. There was further discussion on this plat regarding easements and drainage. Leroux made motion, Miron seconded, to approve the preliminary plat for White Dear Meadows, subject to execution of a Development Agreement and the temporary/ easement documents. VOTING AYE: Barnes, Brunotte, Leroux;, Miron VOTING NAY: Stoltzman Motion Carried. HUGO POST OFFICE There was general discussion about relocation of Hugo's Post Office and the need for Council/resident involvement. This matter to be discussed further at the next Council meeting (7/18/94). Leroux made motion, Miron seconded, to adjourn at 10:40 PM. All aye. Motion Carried. A5:1: r,�City Clerk (/ 6