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HomeMy WebLinkAbout1992.04.06 CC Minutesqw- - - MINUTES FOR THE CITY COUNCIL MEETING OF F`PRIL 6, 1992 The meeting was called to order by Mayor Stoltzman at 7:00 PM. PRESENT: Barnes, Brunotte, Miron, Stoltzman City Attorney, Charles Johnson City Clerk, Mary Ann Creager Miron made motion, Brunotte seconded, to approve the minutes of the City Council meeting for March 16, 1992, as amended. All aye. Motion Carried. Barnes made motion, Stoltzman seconded, to approve the claims for April 6, 1992, in the amount of $65,921.63. All aye. Motion Carried. RATIFY CITY ADMINISTRATOR CONTRACT As per Council action, Mayor Stoltzman was authorized to negotiate a contract settlement for the employment of Mr. Bob MUseUS as city administrator for the City of Hugo. Mr. Museus has accepted the position, and the contract is consistent with Council guidelines. Mayor Stoltzman is requesting that the final contract be accepted by the City Council, and the Mayor and City Clergy; be authorized to sign said contract on behalf of the City. Miron made motion, Brunotte seconded, to approve the final Contract between the City of Hugo and Robert Museus, and the Mayor and City Clerk be authorized to sign said Contract on behalf of the City of Hugo. All aye. Motion Carried. RICE LAKE MUNICIPAL BUILDING (FEASIBILITY REPORT) The Design Partnership architectural firm has completed the draft - feasibility report for remodeling the Rice Lake Park: building to a City Hall. The Council received a copy of the layout of the current municipal facilities, which notes some of the difficulties in providing municipal functions within the limited area available at City Hall, as well as a proposed design -concept for remodeling and utilization of the Rice Lake Pare; facility. The report narrative addressed the various issues and concerns specified in t' -e Request for Proposals. Mr. Vic Per-lbo:: and Mr.. Jay Cain were present to review the proposal with the Council, aloi,q with the master site plan. Mr. Cain stated that he will investigate further the adequacy of the exis'.ing well and septic system. Mayor Stoltzmnan wil: follow up on the removal of the oil tank: from the site. Stoltzmar made motion, Barnes seconded, to table this n;attE?r until Such time as the new city administrator has an opportunity to review and comment on this proposal. All aye. Motion Carried. City Council meeting of April 6, 1994 Page 2 RESOLUTION ORDERING FEASIBILITY REPORT (HENNA AVENUE) At the March 16, 1992 regular meeting of the Hugo City Council, a petition was submitted by Mr. Pat tHebert, requesting Council action to pave Henna Avenue from 180th Street south to 170th Street. Phis petition was submitted on behalf of residents in the area. The petition submitted, pursuant to Chapter 429 of the Public Improvement Code, meets minimum requirements. The appropriate action to pursue this request would be CaL?ncil approval of the proposed resolution declaring adequacy of petition, and ordering preparation of feasibility report. Mir -on made motion, Stoltzman seconded, to adopt RESOLUTION 1992-8, RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT. VOTING AYE: Barnes, Brunotte, Miron, Stoltzman Motion Carried. PROPOSED WAC POLICY AMENDMENT WENCO CONSTRUCTION The City Council received a copy of a letter from F:enco Construction requesting that the City Council amend Resolution 1992-6 establishing a water availability charge. Item i of the resolution in question calls for establishment of a WAC charge of $1,700 effective March 2, 1992. The City is currently collecting this charge as a part of the City's financing program for the water system improvements. Mr. Roessler has requested that the Council change its policy, and not start collecting the WAC charge until September 1, 1992. Mr. Roessler was present at the meeting, and asked that the remaining 18 lots in Birch Tree Ponds 3rd Addition not be included in the newly -adopted WAC charge because of the hardship on the property owners. He stated that he was not aware of any discussion on the proposed charge, and would not question the charge being assessed on future developments. It was the Council consensus that the WAC charge was implemented as a "user pay" in conjunction with the new water tower project. Not including these 18 lots could have a negative impact on financing of the improvement. There will be no change in the adopted Resolution 1992-6. MINOR SUBDIVISION (LINDY/FIRSTAR HUGO BANK The Firstar Hugo Bank and Dr. George Lin -`y have made applii ation to t:ie City of Hugo for a minor subdivision, and waiver of 4 --he formal platting requirements, to subdivide a 1.4 acre tract of land. The request also involves a, variance to allow 37% lot coverage with i.ipervio-:s surface (30 maximum allowed). The property in question is zoned concentrated business, and is located east of Highway 61, aid north of the Firstar .Hugo Banff; parking lot (part of Govt Lot 5, Section 2), T31N, R21W, and part of Lot 30, County Auditor's Plat #7). The site is to be subdivided into two tracts identified as Parcels A-1 and A-2 on the submitted certificate of survey. The lots meet minimum -dimension requirements for a CB zoning district. It is the intent of the applicant to construct a dental clinic on the site, and connections to the existing water mains and sanitary sewer will be made. The required permits are being processed by the RCWD City Council meeting of April 6, 1992 Page 3. and the DNF. The request in question appears to be consistent with the City's comprehensive plan, and complies with the City's subdivision regulations. The Planning Commission considered this request at their meeting of March 25, 1992, and unanimously recommended approval of the application for minor subdivision and variance request, subject to the special conditions. Dr. Lindy and his architect, Scott Mauer, were present to answer any questions regarding this request. Councilmember Barnes questioned the 32' width for the driveway, and questioned whether the city engineer had reviewed and made any comments. There was no report on record. Barnes made motion, Brunotte seconded, to approve Certificate of Survey #4-6-92, and waiver of the formal platting requirements, for Dr. George Lindy and the Firstar Hugo Dank:, to subdivide a 1.4 acre tract of land into two parcels. This approval also allows for a variance to allow 37% lot coverage with impervious surface. Approval is subject to the following special conditions: 1. Survey approval shall be contingent upon compliance with the survey conditions, as well as the grading, storm water drainage, and utility plans. 2. 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. 3. 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. 4. No building permits shall be issued until the survey has been approved and recorded with Washington County. 5. Securing the required permits from the watershed district and the Department of Natural Resources is required prior to final survey approval. 6. All fees relating to this subdivision shall be paid by the applicant including the cost of recording documents with Washington County. 7. Any driveway permits requiring access to highways or county roads may not be issued until the necessary permits are secured from Washington County or the Minnesota Department of Transportation. 8. Soil tests for each buildable site must be submitted to the City prior to final survey approval. 9. Payment of fee in lieu of park land dedication, in the amount of $175.00, shall be paid to the City at the time of final survey approval. 10. No improvements, landscaping, or grading shall be permitted in the defined drainage areas without the express written authorization of the City and the approved watershed districts. 11. All property owners shall be responsible for maintenance of drainage areas within easements on their property. 12. The developer shall permit access to the referenced site for periodic inspections to assure conformance with this subdivision. 13. Legal descriptions of all parcels to be subdivided shall be included. All aye. Motion Carried. City Council meeting of April 6, 1992 Page 4. SITE FLAN APPROVAL (LINDY) Dr. George Lindy has requested site plan approval for construction of his dental office located north of the Firstar Huge Bank according to the site plan submitted. This facility will be served by municipal water and sewer, and will have access directly to Highway 61. The site in question meets dimensional and setback requirements, and verbal approvals of the DNR and RCWD permits have been provided to City staff. The appropriate written permits will be sent to the City when completed. Councilmember Barnes questioned the 1.0% grassed -area slope, and maybe the necessity of a catch basin. Mr. Scott Mauer stated that he would change the slope rather than have to install the catch basin. Stolt man made motion, Brunotte seconded, to approve the request of Dr. George Lindy for site plan approval for the construction of a dental clinic located north of the Firstar Hugo Bank, according to the site plan submitted, including a modification in the treatment of surface drainage north of the building. All aye. Motion Carried. VARIANCE REQUEST (SENKLER) Mr. Richard Senkler, 12967 Ingersoll Avenue, has made application to the City of Hugo for a variance to install an addition to his existing septic system within 100' of Sunset Lake. The DNR is on record stating that all other avenues have been considered, and the only feasible location for th expanded system would be as indicated on the submitted site plan. At their meeting of March 25, 1992, the Board of Zoning Adjustments recommended approval of this variance request based on the fact that the only feasible location for the expansion is within 100' from Sunset Lake. Miron made motion, Barnes seconded, to approve the variance request of Richard Senkler, 12967 Ingersoll Avenue, to install an addition to his existing septic system 50' from Sunset Lak-e (100' is required). Approval is based on the fact that proposed location is only feasible site for an expanded system. All aye. Motion Carried. SITE FLAN APPROVAL (D.T. PR0PE�;TI2S On behalf of D.T. Properties of ForeF�t LaEa, MN., Mr-. Richard Tschida has made application to the City of Hugo for site p.an approval on a 82.9 acre tract of land for a retail sales business only. The site in questior, is located north of 170th Street and east of Highway 61. Soveral years ago, the property owners of the site petitioned the City to rezone the property from agriculture to RB. The Planning Commission considered a request to rezone the property from RB to Industrial at their meeting of March 25, 1992, and unanimously recommended denial of the request because the industrial zone is inconsistent with the City's comprehensive plan. Subsequent to the Planning Commission's action, Mr. Dick Tschida withdrew his request for rezoning, and has requested site plan approval of his proposed retail use. Mr. Jim Dimmerman was present, and stated that his plans for the property included of seasonable repairs of boats and snowmobile and storage of them in conjunction with the changing seasons. City Council meeting of April 6, 1992 Page 5. After an extensive review of the City's zoning ordinance, it was determined that Mr. Dimmerman's proposal would not be allowed in the REQ district. It was determined that the property would need to be zoned industrial, and a SUP issued to operate his proposed business. Because they withdrew their application after PC denial, the Council had not given the rezoning issue any consideration. There was also some confusion as to whether it could even be considered in light of the fact that the application had been withdrawn. Stoltzman made motion, Miron seconded, to table this application until April 20. 1992, to allow time for the City Attorney to determine whether the City Council can take action on this application. All aye. Motion Carried. SPECIAL USE PERMIT (HARVIEUX) Michael and Patricia HarvieUX of 8460 130th Street have made application to the City of Hugo for a SUP to keep two pleasure horses on their property generally described as follows: Part of the SW 1/4 of the SW 1/4 of Section 26, T31N, R21W, Washington County, MN. The property in question is zoned RR2, and consists of 6.8 acres. The applicant intends to provide a 16' x 28' animal shelter within the pasture area identified on the enclosed site plan. The request is consistent with previous approvals for this type of use. The Planning Commission considered this request at their meeting of March 25, 1992, and unanimously recommended approval of the request subject to special conditions. Miron made motion, Stoltzman seconded, to approve the SUP request of Michael and Patricia HarvieuX, 8460 130th Street, to keep two pleasure horses on their property described as that Part of the SW 1/4 of the SW 1/4 of Section 26, T31N, R21W, Washington County, MN. Approval is subject to the following special conditions: 1. The animal shelter, located on site, shall be maintained in a safe and acceptable condition at all times. 2. The horse-pasture area, identified on the site plan, shall be properly fenced, and the two horses shall be confined to the pasture area for grazing. 3. The animals on site be treated in a safe and humane manner at all times. 4. The number of horses permitted on site shall be limited to two (2) animals. All aye. Motion Carried. SPECIAL USE PERMIT (J. OLSEN) Mr. John Olsen of 14728 Irish Avenue has made application to the City of Hugo for a Special Use Permit to conduct a firewood processing operation on his property generally described as follows: The SE 1/4 of the NW 1/4 of the Section 23, T31N, R21W. The property in question is zoned agriculture, and consists of approximately 7.75 acres. Mr. Olsen has been operating on a temporary SUP, since May 15, 1989. Mr. Olsen's original request was for wood storage covering approximately 11% of the site. He City Council meeting of April 6, 1992 Page 6 later modified his request for 16.3 lot coverage, and is now requesting 20 lot coverage. Although t:he SUP has expired, Mr. Olsen's operation continues in existence and can be viewed for compatibility with the surrounding area and the City's comprehensive plan. The Planning Commission considered this request at their meeting of March 25, 1992, and unanimously recommended approval of the SUP subject to the same 15 conditions as identified on the originally approved SUP. Stoltzman made motion, Brunotte seconded, to approve the request of John Olsen, 1478 Irish Avenue, for a SUP to conduct a firewood processing operation on his property generally described as the SE 1/4 of the NW 1/4 of Section 2.3, T31N, R21W. Approval is subject to the original 15 conditions for the SUP issued on 5/15/89, and shall be valid •for a two-year period starting from 5/15/89. Mr. Olsen will need to reapply for another SUP in 1993. All aye. Motion Carried. REQUEST TO RESERVE BALL FIELDS The City Council received a copy of a letter from Mr. Jim Marier requesting Council authorization to reserve the two softball fields, north of City Hall, for a 16 -team men's softball tournament. The tournament would be held on Saturday and Sunday, May 16 and 17, 1992. Games would b scheduled to start at 8:00 AM, and would conclude at approximately 7:30 P each day. Deer, food, and other refreshments are to be provided through the Hugo Lions Club. Mir•on made motion, Barnes seconded, to approve the request of Jim Marier to reserve the two softball fields north of City Hall, for a 16 -term men's softball tournament on May 16 and 17, 1992. Approval is subject to the City's special conditions for park use. All aye. Motion Carried. REQUEST TO RESERVE BALL FIELDS The City Council received a copy of a letter from Margaret Earley, 2812 Southlawn Drive, Maplewood, MN., to conduct a family picnic at the City Hall park. It is their intent to reserve the picnic shelter and utilize the ?ast ball field north of the sh:=�lter. The field '_s to be reserved for Saturday, July 18, 1992, and no specific times were noted. COUnci1rian Miron will contact Ms. Earley to determine if a Hugo r^side;it is involved in tht- family picnic. Miron made motion, Barnes seconded, to approve the request of Margaret Earley, 2812 Southlawn Drive, Maplewood, Mn., to reserve the City picnic shelter and east ball field for July 18, 1992. Approval is subject to a Hugo resident being involved in the activity. All aye. Motion Carried. REQUEST TO AMEND CABLE TV FRANCHISE AGREEMENT The City Council received a proposal from the North Central Cable Communications Commission requesting an amendment to the City's existing City Council meeting of April 6, 1992 Page 7 Franchise Ordinance. It was suggested that this change not be made until after a public hearing is held, as it does affect future availability of local programming at a convenient location. .This matter was referred to the City Attorney for his review and comments. FENCE COMPLAINT The City Council received a copy of a letter from Mr. James F. Lammers, written on behalf of Mr. and Mrs. Joel Hursh. The complaint is being brought against Mr. Tom Jesinski of 7039 165th Street in the City of Hugo. The complaint has been forwarded to the city prosecutor for his review and recommendation. It is understood that Mr. Hursh has been directed by the courts to confine his farm animals to his property, within a specified period of time. The complaint may be an effort by the complainant to retaliate against his neighbors because of previous complaints filed against Mr. Hursh. Mayor Stolt man stated that he will be in contact with Richard Hocking regarding this matter. Miron made motion, Stolt man seconded, to refer this matter to the Ordinance Violations Committee. All aye. Motion Carried. MAURICE MCCOLLAR LETTER The City Council received a copy of a letter from Maurice McCollar regarding a petition to improve Elmcrest Avenue. The petition that was submitted several years ago included individuals on a very large portion of Elmcrest Avenue, and involved individuals living in both Lino Lakes and the City of Hugo. The roadway in question is located in two difference counties, as well as two different cities. The Council reviewed a copy of the April 17, 1989 City Council minutes, when the City Council addressed the petition. It is understood that the current request involves the improvement of Elmcrest Avenue by bituminous surfacing from County Road 14 south to 129th Street. The original estimate for improvement of this roadway was $320,000. After completion of the feasibility report, that estimate has increased to in excess of $500,000. There are a limited number of property owners on' Elmcrest Avenue within the corporate limits. The assessments for this improvement would be rather substantial when compared with roadway improvements completed in recent years. Mayor Stolt man stated that he will review this matter with City Engineer, Howard Kuusisto. MISCELLANEOUS The City received a letter from Evergreen Land Service relative to the acquisition of land for the newly -proposed water tower. City Attorney, Charles Johnson, stated that he will contact the firm notifying them of the legal problems with the piece of land that the City is interested in obtaining, and attempt to obtain a "firm" price quote from them to acquire this property. This matter to be placed on the Council agenda for April 20, 1992. City Council meeting of April b, 1992 Page 8. The Council was informed that the compost site has not been opened, and that the County will be longer be reimbursing the City for costs incurred Because there was no money budgeted for a compost monitor, the City will open the site on a temporary basis on April 11 and 18, 1.992 from noon until 6:00 PM. City Hall will be reserved on April 9, 1992, from 7:00 PM to 8:30 PM, by residents who wish to discuss the proposed gravel -pit expansion. The Hugo Fire Department would like to use the 1975 pick up that was purchased for Charles Shalander and sell their Jeep grass fire rig. Miron made motion, Brunotte seconded, to authorize the transfer of the 1975 pick up truck from the road maintenance department to the Fire Department, and authorize the Fire Department to sell their Jeep grass fire rig. All aye. Motion Carried. The City received a letter from Dean Atkinson with allegations that River Valley Asphalt has been preventing him from accessing/egressing his gravel pit. City Attorney Johnson will review City ordinances to determine if Mr. Atkinson would need an amended permit to change his haul roads. SELL PUBLISHING VS CITY COUNCIL Stoltzman made motion, Brunotte seconded, that City Attorney, Charles Johnson, look into the fesibility of handling the civil matter of Sell Publishing vs the Council. All aye. Motion Carried. The City received a letter from a resident claiming ordinance violations at 8139 157th Street and 8221 157th Street. Brunotte made motion, Miran seconded, to refer this matter to the Ordinance Violations Committee. Councilman Miron shall replace Mayor Stoltzman on the Committee for review of this matter. VOTING AYE: Barnes, Brunotte, Miron ABSTAINED: Stoltzman Motion Carried. Councilman BrUnotte read a letter stating his opinion regarding the recent resignations in the City. Barnes made motion, Stoltzman seconded, to adjourn at 11:40 PM. All aye. Motion Carried. Marys Creager, City e k