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Home My WebLink About2017.09.18 CC PacketAGENDA HUGO CITY COUNCIL MONDAY, SEPTEMBER 18, 2017 - 7:00 PM HUGO CITY HALL A. CALL TO ORDER B. ROLL CALL C. PLEDGE OF ALLEGIANCE D. APPROVAL OF MINUTES 1. September 5, 2017 City Council Meeting E. APPROVAL OF AGENDA F. APPOINTMENTS/PRESENTATIONS 1. White Bear Lake School District Levy Renewal — Superintendent Dr. Wayne Kazmierczak 2. G. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion and a roll call vote. If a member of the City Council or the public wishes to discuss an item, that item will be removed from the Consent Agenda and will be considered separately. 1. Approval of Claims 2. Approve Annual Performance Review for City Clerk Michele Lindau 3. Approve Annual Performance Review for Public Works Worker Paul Christianson 4. Variance for Side Yard Setback — Lakeview Family Dental, 14475 Forest Blvd. N. 5. 6. 7. 8. H. UNFINISHED BUSINESS 1. 2. I. NEW BUSINESS 1. Abatement Hearing for Schultz -13101 Henna Ave 2. Discussion on Proposed Oneka Lake Blvd/Harrow Avenue Road Project 3. Discussion on 130th Street North Street Improvements 4. Discussion on Forest Road Bridge 5. J. VISITOR PRESENTATIONS 1. 2. K. COUNCIL PRESENTATIONS 1. Yellow Ribbon Network Report 2. L. ADMINISTRATIVE PRESENTATIONS 1. Local Meetings Regarding Water Use 2. Tour de' Hugo on Saturday, September 23, 2017 3. BBQ Rib Cook -off on Saturday, October 14, 2017 4. Schedule Interviews for Planning Commission Vacancy 5. Reschedule October 24, 2017 Comprehensive Plan Workshop 6. M. ADJOURNMENT BACKGROUND MEMO FOR THE HUGO CITY COUNCIL MEETING MONDAY, SEPTEMBER 18, 2017 D.1 Minutes for the September 5, 2017 City Council Meeting Staff recommends Council approve the minutes as presented. F.1 White Bear Lake School District Lew Renewal — Superintendent Dr. Wayne Kazmierczak At their August meeting, the White Bear Lake Area School Board approved a 10 -year Local Operating Levy Renewal question to be placed on the November 7, 2017 ballot. This vote will be a renewal of the same question that was supported in the fall of 2011. Superintendent Dr. Wayne Kazmierczak will be present to answer questions on the levy renewal. G.1 Approval of Claims City staff recommends Council approve the Claims Roster as presented. G.2 Approve Annual Performance Review for City Clerk Michele Lindau Michele Lindau was hired as the new City Clerk in the City of Hugo on January 1, 2008. Michele was originally hired by the City of Hugo as a part time employee in 1997 and a full time employee beginning May 1, 1999. City Administrator Bryan Bear recommends Council approve the annual performance review for City Clerk Michele Lindau. G.3 Approve Annual Performance Review for Public Works Worker Paul Christianson The City of Hugo hired Paul Christianson as a Public Works Worker on September 27, 2004. Public Works Director Scott Anderson recommends Council approve the annual performance review for Public Works Worker Paul Christianson. GA Variance for Side Yard Setback — Lakeview Family Dental, 14475 Forest Blvd. N. Carrell Properties, LLC has submitted an application for approval of a variance to construct a new monument sign for Lakeview Family Dentist at 14475 Forest Boulevard North (TH61). The landscaping of the existing sign extends onto the neighboring property to the south, and the MnDOT right-of-way to the west. Ordinance requires a ten -foot setback from all property lines. The variance requested is to locate the sign five feet from the side property line, which will reduce the non -conformity. Staff feels the request meets the intent of the ordinance and recommends Council approval. The Planning Commission will consider this request at their meeting on September 21, 2017. Staff will provide a memo to the Council at the meeting to update the Council on the Planning Commission's action on this variance request. I.1 Abatement Hearing for Schultz -13101 Henna Ave Staff has been working with the property owner regarding violations of the Municipal Code since August 2016. Although the property owners had been provided ample notice and time to correct the violations, they had failed to do so. An abatement hearing was scheduled for September 5, 2017; however, Mr. Schultz was unable to attend. The hearing has been rescheduled to this evening. L.2 Discussion on Proposed Oneka Lake Blvd/Harrow Avenue Road Proiect The Oneka Lake Boulevard and Harrow Avenue Roadway Improvement Project is the City's next highest priority improvement project. Staff is requesting City Council identify this as the 2018 Roadway Improvement Project and authorize staff to begin preliminary work on this project. Staff is recommending that a neighborhood meeting be scheduled for October 19, 2017 at 7:00 p.m. in the Rice Lake Center. I.3 Discussion on 13011 Street North Street Improvements Improvements to 130th Street have long been considered. These improvements were thought best to be completed in relation to development of the large tracts of land on the north side of 130th Street. With the Adelaide Landing development underway and development fees being collected for the reconstruction of 130th Street, staff is requesting authorization to begin preliminary design activities for an anticipated 2019 improvement project. This will allow staff to make sure elements with the adjacent development are properly coordinated with future roadway components along with giving staff ample time to work with adjacent land owners on various components of the project. I.4 Discussion on Forest Road Bridge The Forest Road Bridge that spans over JD2 on the west side of TH 61 was inspected in 2016. That inspection led to the removal of accumulated class 5 aggregate surfacing on the bridge and weight restriction postings (lower than the weight of our motor grader). There are not records or bridge plans for this structure, therefore assumptions based on the typical construction materials and design at that time were made to determine its load carrying capacity. The bridge is a single span concrete slab bridge that was built in 1920 with substandard elements (17 -ft wide, approaches, lack of barrier etc.). Staff is requesting authorization to evaluate a number of alternatives for the replacement of this bridge and delineate wetlands during the remaining growing season. K.1 Yellow Ribbon Network Report Council Member Chuck Haas and Council Member Phil Klein will report to Council on the Yellow Ribbon Network activities held recently. 1.1 Local Meetings Regarding Water Use Staff has been made aware of several upcoming meetings regarding water use. City Administrator Bryan Bear will review the meeting options to the Council. Staff recommends Council schedule a meeting if they choose to attend. 1.2 Tour de' Hugo on Saturday, September 23, 2017 The 7th annual Tour de Hugo Community Bike Ride will be held Saturday, September 23, 2017 starting at Lions Park. There will be a 6, 20, 35, 50 or 62 mile route. Pre -registration is available online at www.tourdehugo.com. 1.3 BBO Rib Cook -off on Saturday, October 14, 2017 The Fry Group will be holding a BBQ Rib Cook -off on Saturday, October 14, 2017, from 11:30 a.m. to 2:00 p.m. at Lions Park. This free cook -off is a fundraiser benefiting the Yellow Ribbon Network. Staff recommends Council schedule as a meeting if they choose to attend. 1.4 Schedule Interviews for Planning Commission Vacancy Staff has received three applications for the vacancy on the Planning Commission. Staff recommends Council schedule a time on which to hold interviews. 1.5 Reschedule October 24, 2017 Comprehensive Plan Workshop At its September 5, 2017, meeting, Council directed staff to present an alternative date to hold the Comprehensive Plan Workshop. Staff will provide Council information at the meeting. M. Adiournment MINUTES FOR THE CITY COUNCIL MEETING ON TUESDAY, SEPTEMBER 5, 2017 Call to Order Mayor Weidt called the meeting to order at 7:00 p.m. PRESENT: Haas, Klein, Miron, Petryk, Weidt ABSENT: None ALSO PRESENT: City Administrator Bryan Bear, City Attorney Dave Snyder, City Engineer Mark Erichson, and City Clerk Michele Lindau Approval of the Minutes for the August 21, 2017 City Council Meeting Petryk made motion, Klein seconded, to approve the minutes for the August 21, 2017, City Council meeting as presented. All Ayes. Motion carried. Approval of the Minutes for the August 22, 2017 Midyear Budget Workshop Klein made motion, Miron seconded, to approve the minutes for the August 22, 2017, Midyear Budget Workshop as presented. All Ayes. Motion carried. Approval of the Minutes for the August 24, 2017 Twin Cities Business /Washington County Profile Release Party Petryk made motion, Klein seconded, to approve the minutes for the August 24, 2017, event to reveal the Washington County profile in the Twin Cities Business magazine as presented. Approval of the Minutes for the August 25, 2017 Open to Business Event Miron made motion, Klein seconded, to approve the minutes for the August 25, 2017, Open to Business Event as presented. All Ayes. Motion carried. Approval of the Agenda Weidt made motion, Haas seconded, to approve the agenda as amended by adding a discussion on rescheduling the Comprehensive Plan Workshop due to a conflict with the Camp Ripley Retreat. All Ayes. Motion carried. Hugo City Council Meeting Minutes for September 5, 2017 Page 2 of 8 Donation of Hugo Lions Golf Event Proceeds to the Yellow Ribbon Network On August 13, 2017, the Hugo Lions sponsored a golf scramble at the Oneka Lake Golf Course with proceeds from the event going to the Hugo Yellow Ribbon Network. Lions Members Denny Route and Mike Gallivan were in attendance to present a check to the Yellow Ribbon Network. Denny stated this was the 5th annual event and the best ever attended with a total of 144 golfers. He thanked all the volunteers and presented a check to the Yellow Ribbon Network in the amount of $8,492.80. Denny stated that, over the years, the golf event hac ised more than $30,000 for the community. Council thanked the Lions for all their suppoi�'. �� •.qq}} g Approval of the Consent Agenda a$8' Haas made motion, Petryk seconded, to approve the following Consent Agenda items. 1. Approval of Claims 2. Approve Pay Request No. 2 to Arnt Construction for 147th Street Sidewalk 3. Approve Pay Request No.3 to T.A. Schifsky & Sons for Sunset Lake Street Reconstruction Project 4. Approve Final Pay Request to Peterson Companies, Inc. for Beaver Ponds Stormwater Reuse Project 5. Approve Resolutions Declaring Costs, Ordering Preparation of Assessments, and Setting Public Hearing for North Sunset Lake Improvement Project for October 2, 2017 6. Approve Preliminary Tax Levy for 2018 7. Approve Resolutions Approving Final Plat and Development Agreement for Fable Hill 5th Addition X 8. Approve Resolution for No Parking on 132"d Way All Ayes. Motion carried.., Approval of Claims Adoption of the Consent Agenda approved the Claims Roster as presented. Approve Final Pay Request to Arnt Construction for 147' Street Sidewalk Extension Protect The City of Hugo had received the Final Pay Request from Arnt Construction for the 147th Street Sidewalk Extension Project. City Engineer Mark Erichson and Senior Engineering Technician Steve Duff had reviewed the pay request and found it to be satisfactory for work completed to date on this project. Adoption of the Consent Agenda approved the Final Pay Request to Amt Construction in the amount of $3,353.98 for all work completed on the 147th Street Sidewalk Extension Project. Hugo City Council Meeting Minutes for September 5, 2017 Page 3 of 8 Approve Pay Request No.3 to T.A. Schifsky & Sons for Sunset Lake Street Reconstruction Proiect The City of Hugo had received Pay Request No. 3 from T.A. Schifsky's for the North Sunset Lake Street Reconstruction Project. City Engineer Mark Erichson and Senior Engineering Technician Steve Duff had reviewed the pay request and found it to be satisfactory for work completed to date on this project. Adoption of the Consent Agenda approved Pay Request No. 3 to T.A. Schifsky in the amount of $303,391.22 for work completed to date on the North Sunset Lake Street Reconstruction Project Approve Final Pay Request to Peterson Companies, Inc. for Beaver Ponds Stormwater Reuse Proiect The City of Hugo had received the Final Pay Request No. 2 from Peterson Companies for the Beaver Ponds Water Reuse Project. City Engineer Mark Erichson and Senior Engineering Technician Steve Duff had reviewed the final pay request and found it to be satisfactory for work completed on the system. Adoption of the Consent Agenda approved Final Pay Request No. 2 to Peterson Companies in the amount of $8,625.00 for work completed to date on the Beaver Ponds Water Reuse System Project. Approve Resolutions Declaring Costs, Ordering Preparation of Assessments, and Setting Public Hearing for North Sunset Lake Improvement Proiect for October 2, 2017 At its December 5, 2016, meeting, Council held a public hearing on the North Sunset Lake Street Improvement Project and the preparation of plans and specs for the project. Bids were opened on April 6, 2017, and the project was awarded to T.A. Schifsky & Sons. Improvements are substantially completed, and staff recommended that the Council move forward with the assessment process for the project. Adoption of the Consent Agenda approved RESOLUTION 2017 — 30 DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENTS FOR THE NORTH SUNSET LAKE AREA STREET IMPROVEMENT PROJECT and RESOLUTION 2017 — 31 CALLING FOR THE PUBLIC HEARING ON THE PROPOSED ASSESSMENT FOR THE NORTH SUNSET LAKE AREA STREET IMPROVEMENT PROJECT. Approve Preliminary Tax Levy for 2018 At its August 22, 2017, Mid -year Budget Workshop, the City Council listened to a presentation from Finance Director Ron Otkin highlighting revenues and expenditures to date as well as projections for the 2018 fiscal year. It was the consensus of the Council that the 2018 preliminary tax levy provide for no change in the urban tax rate. The total proposed 2018 property tax levy of $6,589,302 kept the urban tax rate at 36.323% of tax capacity while the rural tax rate will decline by 0.24%. The Finance Director believed this levy is sufficient to fund the operating and capital budgets in fiscal year 2018. Adoption of the Consent Agenda approved RESOLUTION 2017-32 APPROVING THE PRELIMINARY TAX LEVY PAYABLE IN 2018. Hugo City Council Meeting Minutes for September 5, 2017 Page 4 of 8 Approve Resolutions Approving Final Plat and Development Agreement for Fable Hill 511 Addition Elmcrest Investments, LLC, (Len Pratt) had requested approval of a final plat in order to plat 21 villa lots and 2 outlots on a 19 acre parcel located north of Fable Hill Road. The site was currently vacant. The City Council had reviewed an amendment to the preliminary plat and PUD for Fable Hills 5th Addition at its August 21, 2017, meeting. There were no changes to the lots from the preliminary plat. The lots met the minimum lot standards and requirements outli . d in the regulations for the Fable Hills PUD. Adoption of the Consent Agenda approved;` N OLUTION 2017-33 APPROVING A FINAL PLAT AND DEVLEOPMENT AGREEMENT l� ,. ELMCREST INVESTMENTS LLC, FOR FABLE HILLS 5th ADDITION. Approve Resolution for No Parking on 13211 Way Northa, The Townhomes of Bald Eagle Homeowners Association had requested no parking along the outside lane of 132nd Way North due the road being narrow and curved, stating concerns related to emergency vehicles and large trucks not being able to pass through the neighborhood and creating safety concerns. Public Works Director Scott Anderson and City Engineer Mark Erichson recommended Council approve the resolution for parking restrictions along 132nd Way North. Adoption of the Consent Agenda approved RESOLUTION 2017-34 RESTRICTING PARKING ON 132nd WAY NORTH. Approve Special Event Permit for Woods of Terror/Spooktacular Fall Harvest Fest Ken and Mike Short, 5155 Sherwood Drive SW, Motley, applied for a Special Event Permit to hold the Woods of Terror and Spooktacular Fall Harvest Fest as a Halloween event running from September 29 — October 31, 2017. This event would take place on the Ramberg property (Woodloch Stables), 5676 170th Street North, and adjacent property owned by Macalus. This required a Special Event Permit approved by Council because there will be approximately 16,500 people attending over the course of the event, amplified sound will be used, and the event will extend past dark. Staff would continue to work with the applicant on details of the event and was comfortable with approval subject to several conditions listed in the staff memo. Council Member Haas removed this item from the Consent Agenda to invite the property owner Bill Ramberg and applicant Ken Short to talk about the event. Haas made motion, Klein seconded, to approve the Special Event Permit for the Woods of Terror/Spooktacular Fall Fest. All Ayes. Motion carried. Report on Judge's Ruling in DNR/White Bear Lake Lawsuit City Administrator Bryan Bear reviewed with Council the lawsuit filed by the White Bear Lake Restoration Association in 2014 against the DNR alleging the DNR violated the Minnesota Environmental Rights Act (MERA) by allowing excessive pumping of groundwater by municipalities, claiming it impacted the water levels of White Bear Lake. The White Bear Lake Hugo City Council Meeting Minutes for September 5, 2017 Page 5 of 8 Homeowner' Association intervened on the side of the plaintiff, and the White Bear Township and City of White Bear intervened on the side of the defendant. Bear explained that the trial ended in mid-June, and the judge made a ruling that was very favorable to the plaintiffs. The Order determined the DNR had violated MERA and Violated Public Trust by causing the decline in water levels of WBL by allowing high capacity groundwater appropriations. The Order stated the DNR allowed excessive pumping, did not set limits, and failed to require plans for alternatives to pumping. Restrictions will be placed on new wells within five miles of White Bear Lake and all existing appropriation permits for using groundwater are to be reviewed by the DNR for compliance with sustainability standards, and the permit could be downsized. The Order also impacts private wells and requires the DNR to determine how much water can be withdrawn from the lake. The protective elevation of the lake has been set at 923.5, and if water levels go below that, it will trigger a residential irrigation ban that will be in effect until the elevation reaches 924. Bryan noted that the lake is rarely above the 924 elevation. Historical averages were used but are irrelevant for White Bear Lake due to the lake being augmented for decades, and the lake outlet was lowered twice. Bear reviewed established limit on appropriation permits that allow for 75 gallons per person per day for residents and 90 gallons per day per person for other non-residential uses. This would include businesses that use water, and it would be hard to measure their use per capita. The Order also requires creation of contingency plans for conversion to surface water and reporting on collaborative efforts. He noted Hugo currently complies with the capita per day thresholds and has already begun a conversion to surface water. Bear explained that the Order does not directly apply to the city; it applies to the DNR. He stated there is no scientific data to support its conclusion, and the language will be difficult to interpret and enforce. Bear pointed out the many flaws in the Order and stated it was too soon to know what the parties of the lawsuit will do in response to this Order. City Attorney Dave Snyder reminded Council about a discussion they had four years ago when they considered whether to be a part of the lawsuit. The state brought forward a motion to dismiss, which was denied, and the view of the Council at that time was that the questions regarding aquifers were best answered by the experts and should not be determined in a courtroom. The Council's determination four years ago was that the City could take a proactive role, which included conservation efforts and surface water reuse, and work cooperatively with local legislators. There are many thing in the Order that require interpretation and clarification; it's not the City's responsibilities to resolve the inconsistencies. Snyder suggested the Council continue to implement conservation steps, identify possible alternative sources of water, and continue to lead and work with legislative and business partners to ensure continued existence of municipal water. The Council discussed what was being required of them by the Order. Snyder explained the DNR has basically been ordered by the courts to take certain actions, and what the DNR would likely require from the cities is exactly what the City of Hugo has been doing the past four years regarding intelligent water use. Snyder further talked about flawed assumptions in the Order that has traced the lake level to water consumption, and said he anticipated there will be an appeal. It was Snyder's opinion that the Order was unclear, unfounded, and unreasonable. Council talked about the consequences that fall on others that will cause a huge public outcry and Hugo City Council Meeting Minutes for September 5, 2017 Page 6 of 8 felt the ramifications may need to be communicated to residents and businesses. The Council agreed the City has taken a proactive role, and the best thing to do was to continue on the path it has been on. It was suggested putting the PowerPoint on the website and scheduling the next Water Summit. Abatement Hearing for Schultz -13101 Henna Ave City Administrator Bryan Bear inform Council that staff had been working with the property owner regarding violations of the Municipal Code since August 2016. Although the property owners had been provided ample notice and time to correct the violations, they had failed to do so. City staff had scheduled an abatement hearing for this evening where the City Council may decide to order City officials to clean the property of all violations by whatever means are available. Based on matters affecting the property owner, he is unable to attend this evening's meeting. Miron made motion, Klein seconded, to reschedule this hearing for a later date. All Ayes. Motion carried. Yellow Ribbon Network Report Council Member Haas and Klein reported to Council on the Yellow Ribbon Network activities held recently. The thanked the Legion for their generous donation stating they continue to respond to the needs of military families, and the money will help. The YRN continues to send packages to the troops. They are busy preparing for the next pheasant hunt, and the radio station WDGY want to do a public service announcement. The next Burger Night will be sponsored by local legislators. Haas commended Wilson Tool's in-house electrician for fixing an oven during the last Hamburger Night. He thanked Dunn Brothers who provided free coffee and doughnuts to the troops during the golf event. Reschedule Comprehensive Plan Workshop A workshop on the 2040 Comprehensive Plan has been scheduled for Tuesday, October 24, 2017. Council Member Haas added this to the agenda to point out the Emergency Management meeting he and Mayor Weidt were attending at Camp Ripley was the following day, and it would be difficult to attend the workshop. City Administrator Bryan Bear indicated staff will provide some alternative dates to reschedule the workshop. Movie Night Featuring "Sing" on Friday, September 8, 2017 City Administrator Bryan Bear informed Council that a movie night at the Hanifl Fields Athletic Park had been scheduled for Friday, September 8, 2017, featuring the movie "Sing' The Washington County Sheriff's Department and the Hugo Fire Department will be in the park at 6:30 p.m. to meet with the kids, and the movie will be shown at 7:30 p.m. Hugo City Council Meeting Minutes for September 5, 2017 Page 7 of 8 Business Networking Breakfast on Tuesday, September 12, 2017 City Administrator Bryan Bear informed Council the Hugo Area Business Association was hosting a Business Networking Breakfast on Tuesday, September 12, 2017 at 7:30 a.m. at the Blue Heron. Klein made motion, Haas seconded, to schedule the HBA breakfast meeting for Tuesday, September 12, 2017. All Ayes. Motion carried. Ail Fire Department Burn on Saturday, September 16, 2017 City Administrator Bryan Bear inform Council the Hugo Fire Department has invited them to take part in, or observe, a house burn on Saturday, September 16, 2017. The house is located at 5754 130th Street North. Staff recommends Council schedule this as a meeting if they choose to attend Miron made motion, Petryk seconded, to schedule the Fire meat use Burn on Saturday, September 16, 2017. 1� All Ayes. Motion carried. Hopkins Schoolhouse Open House on Monday, September 18, 2017 City Administrator Bryan Bear informed Council the Hugo Historical Commission was holding an open house to present the community a look into the Hopkins school house located at 5970 170th Street North from 4-7 p.m. on Monday, September 18, 2017. The Historical Commission, with the assistance of History Intern Olivia Schiffman, had been researching the history of the school house and was seeking public input regarding the future of it. Petryk made motion, Klein seconded, to schedule a meeting to attend the Hopkins School House Open House on September 18, 2017. All Ayes. Motion carried. Brown's Creek Watershed District Vacancy City Administrator Bryan Bear inform Council there is a vacancy on the Brown's Creek Watershed District Board of Managers. State statute provides that the County Board will select watershed district managers from lists of nominees submitted by the municipalities that are wholly or partially in the watershed district. Anyone interested in serving should contact City Hall. Hugo City Council Meeting Minutes for September 5, 2017 Page 8 of 8 Adiournment Klein made motion, Miron seconded, to adjourn at 8:21 p.m. All Ayes. Motion carried. Respectfully Submitted, Michele Lindau City Clerk City of Hugo Claims September 18, 2017 G. 1 Vendor Invoice Amount Description Department A & J Tool LLC 133077 $ 63.85 Shop Tools Public Works ACME Tools 5132345 $ 175.60 Shop Tools Public Works Alex Air Apparatus Inc 33742 $ 115.50 Repairs - Streamlight Litebox Fire Dept Al's Coffee Company 156644 $ 202.15 Breakroom Supplies Gen Gov't Bldgs Aspen Mills 202078 $ 22.00 Title Chances Deet Aspen Mills 202765 $ 59.95 HFD Shirts -Tire Fire Dept As;;en Mills 202764 $ 218.50 HFD Baseball Caps Fire Dept Bauer Built Tire 180217647 $ 195.00 Trailer Tires - Unit # T1 Fire Dept Bound Tree Medical LLC 82604666 $ 84.64 Medical Supplies Fire Dept Bound Tree Medical LLC 82612310 $ 55.16 Medical Supplies Fire Dept Bound Tree Medical LLC 82610586 $ 143.95 Medical Supplies Fire Dept Bound Tree Medical LLC 82610586 $ 375.98 AED Batteries Fire Dept Centennial Fire District 10-186 $ 550.00 Emergency Medical Responder Training Fire Dept Century College 652758 $ 1,305.00 Fire Ground Operation Course Fire Dept Century Link 651 653-1154 $ 57.65 SCADA Lines Water & Sewer Century Link 651429-3212 $ 69.19 Fire Station Phone Lines Fire Dept Centu y Link 651 426-8763 $ 61.10 911 Emergency Line Administration City of Roseville 223416 $ 406.96 August Phone Service Various Ci V of Roseville 223391 $ 4,690.92 August Computer Service Various Clarey's Safety Equipment Inc 173248 $ 100.00 Monthly Calibration of Gas Monitors Fire Dept Comcast 8/26/2017 $ 150.92 Business Internet (thru October 5) Public Works Comcast 8/18/2017 $ 148.77 Business Internet (thru September 27) Fire Dept Companion Animal Control LLC July $ 579.84 Callout Fees & Mileage Animal Control Companion Animal Control LLC August $ 946.96 Callout Fees & Mileage Animal Control Connelly Industrial Electronics 10908 $ 210.70 Tech Labor - Lift Station No. 1 _ Sewer Utility Denaway, Shayla CLAIM $ 55.95 Movie Night Supplies Parks Deat ESS Brothers & Sons Inc XX6495 $ 9,700.00 Catch Basins & Sealant Stormwater Fund Forest Lake Napa August $ 981.18 Auto Parts and Shop Supplies Forest Lake Printing 10222 $ 37.50 Design Services - HFD Now Hiring Signs _Various Fire Dept Forterra Pipe & Precast LLC 61660 $ 565.87 Catch Basins Stormwater Fund Freevend Technical Services 4888 $ 60.00 Pop Machine Repairs Gen Gov't Bldgs Frontier Ag & Turf P64508 $ 459.26 Parts - Unit #314 Street Dept Galls LLC 8092850 $ 60.99 Class A Uniform Cap Fire Dept Galls LLC 8022240 $ 177.97 Class A Uniform Caps Fire Dept Galls LLC 8101620 $ 10.99 Class A Uniform Cap Band Fire Dept General Repair Service 64357 $ 263.54 Synfilm Oil Sewer Utility Gene's Disposal Service Inc 308955 $ 798.16 August Waste Hauling - PW Facility Public Works Gene's Disposal Service Inc 308955 $ 148.60 August Waste Hauling - Fire Station Fire Dept Gene's Disposal Service Inc 308955 $ 66.34 August Waste Hauling _ City Hall Gen Gov't Bldgs Gopher State One Call 7080458 $ 336.15 August Service Charges Water & Sewer HD Sod Inc 5089 $ 101.25 Raingarden Supplies Gen Gov't Bldgs HD Supply Waterworks LTD H626888 $ 2,200.00 Sensus Annual Support Contract Water & Sewer HD Supply Waterworks LTD H771781 $ 1,155.00 Radio Meters _ Water Utility HD Supply Waterworks LTD H771781 $ (1,100.00) Radio Meters (Returned) _ Water Utility Hoernemann, Ross CLAIM $ 77.95 Office Sign (Office Sign Company) Fire Dept Hugo Equipment Company 119193 $ 13.99 Parts - Unit #319 Parks Dept Hugo Equipment Company 119387 $ 72.99 Repairs - Unit #338 Parks Dept Hugo Equipment Company 119498 $ 44.98 Parts - Unit #311 Parks Dept Hugo Equipment Company 119454 $ 27.49 Parts - Unit #404 Water Utility Hugo Equipment Company 119734 $ 255.91 Parts - Unit #309 Parks Dept Hugo Equipment Company 119967 $ 13.99 Parts - Unit #311 Parks Dept Hugo Equipment Company 120043 $ 60.08 Parts - Unit #311 Parks Dept Hugo Feed Mill 24236-2 $ 11.49 Raingarden Supplies Gen Gov't Bldgs Hugo Feed Mill 38586-1 $ 1.99 Keys - Hanifl Parks Dept Hugo Feed Mill 24595-2 $ 1.99 Hardware Street Dept Hugo Feed Mill 39348-1 $ 17.97 Caution Tape Parks Dept InnoGraphics Design Group 3530 $ 520.00 Fall Newsletter Design Misc Unallocated Jefferson Fire & Safety Inc 239912 $ 143.91 Scott Standard Battery Fire Dept Jefferson Fire & Safety Inc 239898 $ 54.07 Honeywell Patch Fire Dept Johnson/Turner August $ 4,297.96 August Prosecution Fees (Flat Fee) General Legal Johnson/Turner August $ 294.95 August Disbursements (Prosecution Costs) General Legal Johnson/Turner August $ 2,494.50 August Civil Legal Fees - See Attached Breakdown General Legal Kath Fuel Oil Service Co. 12320094 $ 6,607.68 AugustUnleaded Gas & Diesel Purchases Various Knowlan's Super Markets Inc 3135 $ 10.00 Soft Drinks for Lobby Machine Gen Gov't Bldgs Knowlan's Super Markets Inc 6175 $ 31.71 Meeting Supplies (Comp Plan Open House) Planning & Zoning Knowlan's Super Markets Inc 8142 $ 13.5_8 Supplies Administration Laser Line Manufacturing Inc 19276 $ _Meeting 1,185.79 Laser Level Street Dept League of Minnesota Cities 258397 $ 12,987.00 Annual Membership Dues Dues & Subscriptions Leffler Printing Company Inc 20033 $ ._ 1,899.00 - Newsletter Printing Misc Unallocated Page 1 City of Hugo Claims September 18, 2017 Amount Description Loffler Companies Inc 2607907 $ 253.80 August Copier Service Payment Loffler Companies Inc 2607907 $ 323.61 Overage Charges (Color) Marco INV4562004 $ 320.89 Quarterly Copier Maintenance Marco INV4562004 $ 461.61 Overage Charges thru 08/31/2017 Menards 6132_6 $ l 160.24 Concrete Mix & Supplies Menards €� 61661 $ _ 26.93 Fire Department Supplies Midwest Events 776 $ 8_15.00 Tour de Hugo Advertising Minnesota Mayors Association Dues $ 30.00 Annual Membership Dues Minnesota Pipe & Equipment _ 385479 $ 1,087.60 Valve Box Covers Mi nnesota/Wisconsin Playground 2017320 $ 503.00 j Bike Rack - Diamond Point Park MN Dept of Transportation P00008403 $ 472.61 Bituminous Inspections - North Sunset Lake Project Oxygen Service Company 3383415 $ 21.08 Welding Supplies Press Publications 563224 $ 31.62 Planning Commission Public Hearing Notice Promotional Concepts 37488 $ 1,030.30 Tour de Hueo Sup: lies Ricoh USA, Inc 99318183 $ 123.18 Copier Lease Payment Ricoh USA, Inc 99318183 $ 14.55 ILOverage Charges Roof Spec Inc 77362 $ 6,000.00 Design Services - Fire Station Roof Sam's Club 61701 $ 236.53 Movie Night Supplies Sam's Club 61550 $ 204.11 Fire_Department Supplies Sehifskyr (T A.)_& Sons Inc 61894 $ 1,064.95 'Aggregate & Modified Asphalt Schifsky (T.A.) & Sons Inc 61938 $ 764.51 Aggregate & Modified Asphalt Schifsky (TA.) & Sons Inc 61984 $ 1,240.95 Aggregate Asphalt SealTech Inc 685 $ 9,574.00 :Seal Coat Pedestrian Trails SiteOne Landscape Supply LLC 82293851_7_$ 85.64 1 Irrigation Hardware Toshiba Financial Services 337017883 $ 214.98 September Copier Lease Payment Toshiba Financial Services 337017883 $ 3.45 Overage Charges (B & W) Toshiba Financial Services 337017883 $ 20.91 Overage Charges (Color) US Bank 4740352 $ 450.00 Paying Agent Fees Verizon Wireless 9792176214 $ 635.25 Cellular Phone Charges Verizon Wireless _ _ 9791238953 $ 40.02 Cellular Phone Charges Water Conservation Service Inc 7803 $ 272.68 Watermain Leak Locates - 149th Street Weigel Sings, Bill 17-286 $ 1,035.00 Heritage Ponds Park Signs Winnick Supply 348057 $ 14.14 Steel WSB & Associates July $ 32,708.25 Engineering Fees - See Attached_ Breakdown Total Claims for September 18, 2017 $ 118.451.40 Page 2 G. 1 Administration Administration Building Inspections Building Inspections Stormwater Fund Fire Dept Parks Dent Mayor & Council Water Utility Parks Deot Street Reconstruction Public Works Ordinances/Proceedings Public Works Fire Dept Parks Dept Fire Dent Street Dept Street Dept Street Dept Street Dept Fire Dept Fire Dept Fire Dept Sinking Fund Fire Dept Fire Dept Water Utility Parks Dept Public Works Various JOHNSON /TURNER - -LEGAL September 8, 2017 City of Hugo Attn: Ron Min 14669 Fitzgerald Avenue North Hugo, MN 55038 Dear Ron: Enclosed, please find our billing statements for the City of Hugo as of August 31, 2017. Below is a summary of the matter description, subtotal and total amount due and owing for the attached statements: MATTER Carpenter Property Purchase Deutsche Bank Litigation General 2017 Prosecution TOTAL NOW DUE: MATTER I.D. 12-2359-027 17-2359-044 17-2359-043 112-2359-024 SUBTOTAL $37.50 $354.00 $2,103.00 $4,592.91 $7,087.41 Please feel free to contact me if you have any questions regarding the billing statements. Sincerely, JOHNSO NER LEGAL - David K. Snyder DKS/mah Enclosures 56 East Broadway Avenue, Suite 206 / Forest Lake, MN 55025 / p 651.464.7292 f 651.464.7348: johnsonturner. com 0 W•SI 91: I O 0 LO -0-0 a a O r 0 Ln CD 0 m Y'Lo�rh � a a a d C OO OO n O t '00 '00 -00 N ti: or,' O C D 3 3 M v O CO (pLf) r '00 (MO ~ O CD co M O N O :.-�' 44,- 000 OMD O 0 On r M 00 CD L(] 0 0 O W) .W);, O M N M N" v `: O a0+ N LO �i CO Ef3 COO V9. 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O- ' ar d Z (A (A r r O r CA r O O CA r r r O r N M N N M M N M N M N M N CM N M 0 0 er -�:; r 0 C O Q'Y4 O' LO N W O r N co CA N m 0 Agenda Number GA CITY OF HUGO COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT TO: Hugo Planning Commission FROM: Rachel Leitz, Community Development Assistant SUBJECT: Carrell Properties, LLC — Lakeview Family Dental —Variance for side yard setback located at 14475 Forest Blvd. N. DATE: September 8, 2017 for the meeting on September 14, 2017 ZONING: Central Business (C-1) REVIEW DEADLINE: October 29, 2017 1. PLANNING COMMISSION UPDATE: At its September 14, 2017, meeting the Planning Commission held a public hearing and considered the variance request of Carrell Properties, LLC. Staff will provide the Council with a memo update prior to the City Council meeting. 2. DESCRIPTION OF REQUEST: Carrell Properties, LLC is requesting a variance to allow a five foot side yard setback, where City ordinance requires ten foot setbacks from all property lines, to construct a new monument sign on the property. The existing monument sign was approved and permitted in 1993 with a side yard setback of three feet. No variance was required at that time. The landscaping around the base of the existing sign encroaches onto the neighboring south property as well as the MnDOT right-of- way. The applicant is proposing to extend the setback to five feet and is proposing to reduce the non -conformity by accommodating all landscaping on their own property. 3. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a higher level of discretion with a variance because the burden of proof is on the applicant to show that they meet the standards in the ordinance. Lakeview Family Dental Variance Page 2 4. ANALYSIS: A. Surrounding Land Use and Zoning The surrounding properties are zoned Central Business (C-1) and classified as Mixed Use (MIX) in the Land Use Plan. The properties are occupied by commercial businesses on a variety of sizes of properties. B. Setback Variance The City Code requires a ten foot setback from all property lines for single tenant monument signs. The applicant is proposing a side yard setback of five feet. 5. VARIANCE STANDARDS: The Council must review the requested variances with the standards outlined in Section 90-38 of the land use regulations. Staff used these standards to review the variance request and finds the following: (1) Law. The variance as requested is permissible by law. The proposed variance is permissible by law. (2) Practical Difficulties. The applicant for a variance shall establish that there are practical difficulties in complying with the provisions of the zoning regulations. The term "Practical Difficulties" as used in the granting of a variance means: a. Reasonable Use. The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance and; The applicant is requesting to construct a new monument sign located on the southwest corner of the property, adjacent to TH 61. The applicant is requesting to use the property in a reasonable manner. b. Unique Circumstances. The plight of property owner is due to circumstances unique to the property not created by the landowner and; The required setbacks for single tenant monument signs are set to lessen the visual impact to adjacent property owners, allow adequate spacing to view business signage, and to accommodate for a three foot landscaped area around the sign. The property is unique because of the existing site layout. The distance between the existing driveway and the south property line makes meeting the required setback difficult, especially to ensure the property owners are not to impacting sight lines from the driveway onto TH 61. The property owners are also reducing the non -conformity by increasing the setback and by accommodating all landscaping on their own property, where currently, it encroaches onto the MnDOT right -of way and the neighboring property to the south. 2 Lakeview Family Dental Variance Page 3 c. Character of Neighborhood. The variance, ifgranted, will not alter the essential character of the neighborhood. Existing businesses in this area were constructed prior to the City's current ordinance for monument sign setbacks and building setbacks and therefore, do not meet setback requirements within the City ordinance. In addition, the applicant's existing monument sign is three feet from the south property line. The variance, if granted, would not alter the character of the area. It is in staff's opinion that there are practical difficulties in complying with the ordinance. (3) Spirit and Intent. The granting of the variance would be in keeping with the spirit and intent of this chapter and with the policies of the City's Comprehensive Plan. The requested variance is keeping with the spirit and intent of the ordinance. The intent of the ordinance is to allow adequate spacing between adjacent properties and a permanent structure, like a monument sign. The applicant's existing monument sign has been located three feet from the south side property line since construction. The existing landscaping around the monument sign encroaches onto the neighboring property and the MnDOT right-of-way. The new sign would accommodate for all associated landscaping to be within the applicant's property. It is the staff's opinion that the proposed side yard setback would be keeping with the spirit and intent of the ordinance. (4) Prohibited Use. The variance, if granted, shall not have the effect of allowing any use prohibited in the district. Construction of a single tenant monument sign is permitted within the City. (5) Hazard Consideration. The variance, if granted, shall not permit a lower degree of flood protection than required by this chapter. The variance shall be determined the minimum necessary, considering the flood hazard, to afford relief, and the variance shall not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. The proposed location of the monument sign is not located within a floodplain. (6) Septic and Well Compliance. The sewage treatment system and water system of the subject property is in compliance with city and state codes. The property is served by municipal sewer and water. 6. CONCLUSION: It's in staff's opinion that the applicant meets all the criteria necessary to approve the variance request. Lakeview Family Dental Variance Page 4 7. RECOMMENDATION: Staff recommends approval of the variance request for a side yard setback of five feet in order to construct the new monument sign. ATTACHMENTS: 1. Resolution 2. Location Map 3. Sign Permit/Variance Drawings 2 RESOLUTION 2017 - APPROVING A VARIANCE FROM THE SETBACK REQUIREMENTS FOR SINGLE TENANT MONUMENT SIGN FOR CARRELL PROPERTIES, LLC. ON THE PROPERTY LOCATED AT 14475 FOREST BLVD. N. WHEREAS, Carrell Properties, LLC has requested approval of a variance to five foot side yard setback, where City ordinance requires ten foot setbacks from all property lines, to construct a new monument sign on the property legally described as follows: See Attached WHEREAS, the Planning Commission has reviewed said request at a duly called public hearing on September 14, 2017, and recommends approval and; NOW, THEREFORE, BE IT HEREBY RESOVLED BY THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the request by Carrell Properties, LLC for a variance to allow a five foot side yard setback, where City ordinance requires ten foot setbacks from all property lines based on the following findings: 1. The requested variance is permissible by law. 2. The applicant is requesting to construct a new monument sign located on the southwest corner of the property, adjacent to TH 61. The applicants request to construct a new monument sign on site is reasonable. 3. The property is unique because of the existing site layout. The distance between the existing driveway and the south property line makes meeting the required setback difficult, especially to ensure the property owners are not to impacting sight lines from the driveway onto TH 61. 4. Existing businesses in this area were constructed prior to our current ordinance for monument sign setbacks and building setbacks and therefore, do not meet setback requirements within the City ordinance. In addition, the applicant's existing monument sign is three feet from the south property line. The variance, if granted, would not alter the character of the area. 5. The spirit and intent of the ordinance is to allow adequate spacing between adjacent properties and a permanent structure, like a monument sign. The applicant's existing monument sign has been located three feet from the south side property line since construction. The existing landscaping around the monument sign encroaches onto the neighboring property and the MnDOT right-of-way. The new sign would accommodate for all associated landscaping to be within the applicant's property. The proposed side yard setback would be keeping with the spirit and intent of the ordinance. Resolution 2017 - Page 2 6. The variance, if granted, will not allow any prohibited use in the district. Construction of a single tenant monument sign is permitted within the zoning district. 7. The proposed location of the monument sign is not located within a floodplain. 8. The property is served with municipal sewer and water. Prior to the issuance of a building permit: 9. The applicant shall submit a sign permit application to be reviewed and approved by staff. ADOPTED by the City Council this 18a' day of September, 2017. Tom Weidt, Mayor ATTEST: Michele Lindau, City Clerk m W* I 14 Lz� .91 il Lh RMM Lz� .91 il SIGN PERMIT VARIANCE DRAWINGS LAKEVI EVV FAMILY DENTISTRY - Contact: Brianna Braunschweig Client/Job #: LFDE1000 Sign Owner: Dr. Drew Carrell Client Name: Lakeview Family Dental Lakeview Family Dentistry - bri@imaginalitydesigns.com imagina/ity designs _ 763.545.4123 Project Name: New Logo & Exterior Signage 14475 Forest Blvd. N 6182 Olson Memorial Highway Project Scope: Monument, address signs Hugo, MN 55038 Client Contact: Marie Carrell Golden Valley, MN 55422 brand enhancing graphic design, signage & wayfinding systems www.imaginalitydesigns.com 612-384-0761 ,� I 01 NDSCAPING 'affilaw-4100� 'JI110 4 -6* jmob low- 40" "01 V~ *%W 4*ft "W 4001 00W 00* 600 4011011111 00111 4ww **%& "Owl. 11 rc No ---------- o Proposed new sign PROPERTY LINE :o¢Nloo,36 %mwl� Possible LAI1t4�ll+nna rtiwrnww0...��. NEW SIGN SETBACK REQUEST: I it luffam REDUCE SETBACK FROM SOUTH PROPERTY LINE FROM 10'TO 5' EXISTING SIGN IS SETBACK -33433 L-uz:DtmenT nPr Client/Job # Last Edit Scale Description Page imaginalit]; designs LFDE1000 44 13) = 11 01 NDSCAPING 'affilaw-4100� 'JI110 4 -6* jmob low- 40" "01 V~ *%W 4*ft "W 4001 00W 00* 600 4011011111 00111 4ww **%& "Owl. 11 rc No ---------- o Proposed new sign PROPERTY LINE :o¢Nloo,36 %mwl� Possible LAI1t4�ll+nna rtiwrnww0...��. NEW SIGN SETBACK REQUEST: I it luffam REDUCE SETBACK FROM SOUTH PROPERTY LINE FROM 10'TO 5' EXISTING SIGN IS SETBACK -33433 L-uz:DtmenT nPr Client/Job # Last Edit Scale Description Page imaginalit]; designs LFDE1000 August 27, 2017 6:34 PM 13) = 11 Site Plan - (OVER ALTA) 2 5ft-Oin 14ft-9 in Prairie dropsgpd peasS - ";• _ - _ - _ - _ - _ - _ - _ - _ - �`` ;�,- _ _ DeScharp'si�Grass,- o- ;_ Pro osed new sign arr I O I 1r/ -� - - - -to m ' to t p 0 i. - - - - 5ft Din sues +/- 1„ aft-4in Ground will build up to monument Gradual tra sition to landscaping PROPERTY LINE --- Client/Job # Last Edit Scale Description Page imagina/ity desgns - LFDE1000 August 27, 2017 6:34 PM 1" = 1' Site Plan - (OVER ALTA) 3 ALTA/AGSM LAND TITLE SURVEY PROPERTY ADDRESS: 14475 Forest Boulevard N. Carrell Properties, UC NORTH 9 0 LL_ - PID # 20-D31-21-31-0023 BENCHMARK BAS. 19 FOR ELEVAT10N: NAVD 88 1A REAL TINIE. GF£ N1F.A: L_:RF.r4 E" 1'� 1.-T7L.IZING AiI1d: ESOTA T)EPARTIJENI'T OF TRANSPORTATION VRS NETR'ORK) Point of Inferse - on Eeist—Wiest quarter line 1 and easterly Irr•c Df Fcrc:s- 3Dulevcird I � I 1 I 0+�' I + r dr + �I + I + I 7,r`f,�ypp'-Is" mss: s�4a 7p `t2'4d ray W ., 776av am LEGAL DESCRIPTION per title commitmurrL No. ORTE74-1710 Icy Old Repuhlir, "atiantal Title Inaurancce Company That part of G000rnment Lot 5• Section 24, Townihlp 31 North, (Rungs 21 Weff4 'INoshng cn 'County. Mnneapto (also known as port of Lnt 3a County Auditare Plot ha. 7) dcscribcd ae folicwa; Commereirg at the Interseotlon at the mast—west quarter line or said SacUon, 24• assumed hearing Easi, and the easterly line of Farest R ul•cvord Ngrfh (al7a knows as Trunk Hrghmmy N4P. 151 and formerly known as Hugo and 'shite Bear Read); thenceSouth 11 degrees 55 minutes 30 sat4�inds West, along said erlsterly line WForest Souleword North, a dlatante of 144-152 feet to the paint pf beginning of yh<e parcel Tp he descnbed; thence cpntinung $path 11 degrees 55 minutes 301 sorcnda. West, along said easterly line, a distance: -of 74,00 feet; thence South 77 dagress 32 minutes 46 secands East, 11.5 teat to the herelnatter reterrad to Ppint r- thence rwtinpinq $quth 77 degrees 32 minutes 46 swcncis East, 55 (apt; thence South 76 degrees 43 nrinutm 08 seconds Enst, to the westerly Oiorellne of Egg Lake; thopce northerly olorrg surd nhoreiitr, to the south IRie of the North 1417 feet of sold Goaernrnent Leat 5; thence waeterly. along Auld mwth line, tv qa ppint 149 feet East tired 140 feek Sputh Of a4id lnterieetkn ,of the east—west quarter lime w1kh the easterly Ilne of Forest Bouhrmrd North; thence South, a distance of 14.1311 feet; thence northwesterly to the point of treglnning_ +r Scarth uns ;e. r+;r;h 10 F-0 •af' . L.¢.k 15 d. Wmtdr tod I bens. west r 1 S�S-43. 1r-3' 138.60 � ', . I i i PAN f I Ij [E] sok { J r r 1 ry a j a $ i r 170.27 1-•15 d mo-. I fa C.sa oI l Ymperlice, L,LC, a Mirmcsata lirnitcd llialtdlity company kind Old Rcpgablic Nationd Title fnum cc Curnpaarlr: N � � I �� fez'f �r I This is to- retdfy that this. map or plat and the surycy an rz«hidh it is based. utero made in sscatmee with the 2011 Miniruum Standard Dutaill � Rrauirratieaats, for A LTA.IACSIM1 Land Title 5unrys, jointly cstablisbcd srld adopted by ALTA and USPS, end imlludcs leans 1, 7(s), fi, � 1 ] (a) o Table A tho-cof. Tho CieLd , bmt wu a:arrrpLcmd an Elccgarrbcr 304h, M14- I have relied iWn the Commlrmrnt for Title lnsuran: a issued, by ()Ld � Rcpublic Nakia®al iiAe buiaamra Gumpany, drhmi Dcwmbsr 10th, 2014 file no. ORTE741710, t A Datcdl D"tmber 31st, 2014 r d rI 6liehstl D. Nelson, L.13.449546 JOB #14"6 CrtLeLnd Projects 200ft%.14666Akt4\clwg\1466c6Pd.rta,dwg 12f3112014 r:rf� if LEE(" • DENOTES IRON MONUMENT FOUND 0 DENOTES IRON MONVIVIENT $ET n{22 DENOTES WnLITY PILE DENOTES STREET LIGHT m DENOTES ELECTRIC METER//1BOX II m DENOTES TELEPHME BOX ® DENOTES GAS METER/BGX 0 DENOTES MISCELLANEOUS MANHOLE W x DENOTES EXISTING FENCE —am— DENOTES OVERHEAD *RE DENOTES WALL DENOTES COt4CRETE LD DENOTES BITUMINOUS LU W L NOTES �a — Utlllkfas shown hereon, are observed. EkcuyffUon13 ware net made during the process of thi3 Survey tt locottr und#grhurld utiikrti ty and/or struct.ares. The location of underground rltiitiei and/or _ strdctures may vary from locations shopm hereon and underground utilities and/or struriurvA may he encountered. Contort gopher r State One Call N¢tlficatlon Center at 1651) 454-00102 far ty verncMtrgsri b+ utlllty type and field letatkan prrgsr to excaiatlim. LLJ — This survey was completed December 30TH, 2014, in .95 the middle -of the Knnescata snow/winter ueuwri, There 0 may be imm proveeflts,/feutures in addition to those F shown hereon that were not located due to uncw ice cov-&r_ 111111121) AM CST —item 12 as shown ren schedule 13-2 in title cctmmitmen rniq y+ not Ise slid, s" docurntnt. for detoils_ ACRE LAND SURVEYING-.,-.. Serums Twin Cilil m Maim area and beyicxld .,,763-45&-2%7 awe]" 09frimi. r4 11 13 I ` Iq la In I:' h ra lip r, p4• r- rq I•:- pr Ir. I•p lie I�: _—= --- Client/Job # Last Edit Scale Description imagine/ity designs - LFDE1000 August 27, 2017 6:34 PM --- Alta survey Page 4 J CO r Oh rN84'0*2 M . Oh Client/Job # imaginality designs L F D E10 0 0 SIOV 4A �. .. I—w �+ �. 7-7 IVV ��Tj llllillllllllllllllll111111111111,1111111 N . P Landscape 31 men t QCT, e O. 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Al•^^. ^.hi 61s� N pv NR� KEVI EW FAMILY DENTISTRY lot usbank , Agenda Number I.1 CITY OF HUGO COMMUNITY DEVELOPMENT DEPARTMENT Memorandum TO: Bryan Bear, City Administrator FROM: Rachel Leitz, Community Development Assistant SUBJECT: Dennis & Karen Schultz - 13101 Henna Ave. - Abatement Hearing DATE: September 12, 2017 for the City Council meeting of September 18, 2017 1. BACKGROUND: The City received a complaint regarding trash, debris, and junk vehicles lying about the property located at 13101 Henna Avenue. City staff inspected the property and confirmed that there were nuisance violations, which included the accumulation of 40-50 junk vehicles, small machinery, boats, tires, and other miscellaneous junk and debris. Consistent with the City's approach of attempting to work with the property owner directly before seeking any formal intervention, City staff repeatedly contacted and met with the property owner to encourage and assist with formulating a plan and action to eliminate junk, wrecked and old vehicles and materials littering the property. The property owner has not corrected the situation despite requests for voluntary compliance and offers of assistance. The first ordinance violation letter was sent on August 8, 2016 which gave the property owner until October 1, 2016 to come into compliance with the City's ordinance. Prior to the first due date, City staff spoke with the resident who stated he was working on cleaning up the property. Staff re -inspected the property on October 1, 2016 and found the property to still be in violation. Staff spoke to the resident whom requested more time to contact resources to clean up the property. Staff provided information on the fall cleanup event held at the Public Works facility and provided a resource for the removal of the junk vehicles. Staff conducted a follow up inspection on October 27, 2016 and found very little progress had been made towards compliance. Staff sent another violation letter on October 31, 2016 stating the property owner had until November 14, 2016 to meet compliance of the City Code. Staff inspected the property and found little progress had been made towards compliance. On December 14, 2016 City staff met with the property owners regarding the nuisance violations on the property. Staff and the property owners discussed the winter weather conditions and that they have created a difficulty in working towards compliance. At this meeting, the property owners agreed to the following: Page 2 1. Postpone further cleanup efforts until May 1, 2017 at which time cleanup of the property would resume towards ordinance compliance. 2. Continue to work on the sale of the vehicles remaining on the property. 3. Create a cleanup plan to be submitted to City staff by March 1, 2017. This plan was to include a date where the property would be in compliance. On March 8, 2017 City staff had a meeting with the property owners regarding the cleanup plan and time line to bring their property into compliance. The property owners stated that they would work on cleaning up the property and would bring it into compliance with ordinance standards by August 1, 2017. City staff conducted a site re -inspection on August 7, 2017. Staff noted that very little progress had been made at bringing the property into compliance with the City's code. On August 23, 2017 a letter was sent to the property owners notifying them that an abatement hearing was scheduled for the September 5, 2017 Council meeting and the violations noted on the property, which include: • Municipal Code Chapter 46, article I., Section 46-2 and 46-3: o Section 46.2 — Public nuisances affecting health, safety, comfort or repose. ■ (3) The accumulation of garbage and rubbish not in containers, as required by ordinance of the city; ■ (5) An accumulation of tin cans, bottles, glass, trash or debris of any nature or description; o Section 46.3 — Public nuisances affecting peace and safety. ■ (1) The piling, storing or keeping of wrecked or junked machines or vehicles and other junk or debris other than by persons involved in commercial business where the city council deems certain accumulations are necessary in the course of transacting business. The property owner spoke to staff on August 30, 2017 stating they would not be able to attend the Council meeting on September 5, 2017 due to personal reasons. Staff removed the abatement hearing from the Agenda at the September 5, 2017 meeting. On September 11, 2017 a letter was sent to the property owners notifying them that their abatement hearing was to be scheduled for the September 18, 2017 City Council meeting. At this meeting, the Council is to consider an order for the property owner to clean up the property within 30 days of serving the order. If the property is not cleaned up and brought into compliance, the City shall begin the process to abate the property. 2 Page 3 2. CONCLUSION/RECOMMENDATION: City staff has been working with the property owners for more than a year on bringing the property into compliance by cleaning up the trash, debris, and junk vehicles. Although some progress has been made by the property owners, it has been slow progress and the site still has multiple violations. City staff is recommending the City Council open the abatement hearing and take comment and testimony from the property owner and/or their representatives. Following the hearing, staff is recommending the Council approve the order to abate the property located at 13101 Henna Ave. N. to bring the property into compliance with City Code. ATTACHMENTS: 1. Order of the City 3 ORDER OF THE CITY OF HUGO REGARDING AN ACCUMULATION OF RUBBISH, GARBAGE AND JUNKED VEHICLES WHEREAS, this Order is made in connection with the property located at 13101 Henna Avenue North in the City of Hugo, County of Washington, State of Minnesota, legally described as: SEE ATTACHED EXHIBIT A (hereinafter the "Property"). The Property is owned by, without limitation, Dennis and Karen Schultz ("Owners"); WHEREAS, the Property contains numerous abandoned, wrecked, unlicensed and other inoperable vehicles, junk and debris; WHEREAS, as of August 2, 2017, City staff has documented the following violations of the Municipal Code Chapter 46, article I., Section 46-2 and 46-3: • Section 46.2 — Public nuisances affecting health, safety, comfort or repose. o (3) The accumulation of garbage and rubbish not in containers, as required by ordinance of the city; o (5) An accumulation of tin cans, bottles, glass, trash or debris of any nature or description; • Section 46.3 — Public nuisances affecting peace and safety. o (1) The piling, storing or keeping of wrecked or junked machines or vehicles and other junk or debris other than by persons involved in commercial business where the city council deems certain accumulations are necessary in the course of transacting business. Photographs which show the conditions are incorporated herein by reference. NOW, THEREFORE, the City of Hugo, by and through its City Council, finds that the Property is in violation of Ordinance §§ 46.2 and 46.3 as follows: 1. The above -listed conditions constituting code violations shall be corrected and brought into compliance within thirty (30) days of the service and posting of this Order upon the property owners. 2. Should the Owners not bring the property into compliance within thirty (30) days of the serving and posting, the following shall be performed by the City, including but not limited to the following actions: a. The City Building Official shall enter upon the Property and mark each piece of rubbish or junk vehicle using spray paint. Thereafter, if the items are not removed within ten (10) days, then the City may enter on the Property and remove them at cost to the Owners. b. Any costs incurred by the City shall be assessed as taxes. 3. City staff is authorized to take all steps necessary to the enforcement of this Order including seeking judicial remedies. IT IS HEREBY ORDERED. Passed and adopted by the City Council of the City of Hugo this day of 2017. Tom Weidt, Mayor ATTEST: Michele Lindau, City Clerk Exhibit A That part of the South 55 acres of the Southwest Quarter of Section 27, Township 31 North, Range 21 West, Washington County, Minnesota, described as follows: Beginning at the Southeast corner of said Southwest Quarter of Section 27; thence North 0 degrees 41 minutes 23 seconds East, assumed bearing, 246.22 feet along the East line of said Southwest Quarter of Section 27; thence South 89 degrees 59 minutes 53 seconds West 1325.96 feet; thence South 0 degrees 49 minutes 39 seconds West 246.25 feet, said line being the center line of Henna Avenue North, to the South line of said Southwest Quarter of Section 27; thence North 89 degrees 59 minutes 53 seconds East 1326.55 feet, along said South line to the point of beginning. AND That part of the Northwest Quarter of Section 34, Township 31 North, Range 21 West, Washington County, Minnesota, described as follows: Beginning at the Northeast corner of said Northwest Quarter of Section 34; thence South 89 degrees 59 minutes 53 seconds West, assumed bearing, 1326.55 feet, along the North line of said Northwest Quarter of Section 34; thence South 0 degrees 16 minutes 07 seconds West 126 feet, said line being the center line of Henna Avenue North; thence North 89 degrees 59 minutes 53 seconds East 1056.18 feet to a point on the West line of Lot 2, Block 1, Royalhaven Estates 2nd, Washington County, Minnesota distant 78.28 feet South of the Northwest corner of said Lot 2; thence North 0 degrees 06 minutes 00 seconds East 78.28 feet, along the West line of said Lot 2; thence North 80 degrees 00 minutes 00 seconds East 275.00 feet, along the Northerly line of said Lot 2, to the point of beginning. fes, ad OL .-qfk pw Blaine ® ®T� Centerville Lino Lakes ® j y Hugo Circle Pines w 7 _I May Twp. IF '�� r I Z White dd j Bear I' Twp, Dellwood Stillwater North Oaks �- Twp. I I I I r I / Grant White Bear Lake Shoreview L i _ 7 Arden Hills ® �� "�_/ j Mahtomedi li I r G r Vadnais ��`� �' ® _®�'� _� -Stillwater 3 Gem Lake 1 White - -i j H`ei 9 hts Bear T - ! Lake r" Oak Park(12 - Heights---� ---li Little Canada I Roseville J i Maplewood -'North ® Lake Elmo Baytown Twp. St. Paul ® r l I -' ® L,I Oakdale 1 o-TTW { 1 0 Municpal/Community Wells l - ®—-------- j Q5 Mile BufferILL West ILL] LH White Bear Lake St. Paul ti Lakeland -City Boundary - Twp. -- 9/13/2017 Stillwater—Thursday, October 5, 2017 6:30pm - 8:30pm I Minnesota Environmental Quality Board MI MINNeSOTA ENVIRONMENTAL QUALITY BOARD 25'/ by Stillwater — Thursday, October 5, 2017 6:30pm - 8:30pm Stillwater Area High School 5701 Stillwater Blvd N, Stillwater, MN 55082 Download an informational packet: Region 4 - Twin Cities Metro Counties: Anoka, Carver, Chisago, Dakota, Hennepin, Isand, Scott, Sherburne, Washington, Wright 5701 Stillwater Blvd N 5701 Stillwater Blvd N, Stillwater, MN Directions Save 55082 View larger map Stillwater Area e% High School %Y StOwater T.5701 oulward North Stillwater Area High School Cafeteria 5701 Stillwater Blvd N Stillwater MN 55082 lid St N Review z m 0 z 56th' 53rd Sl tJ Map r Report a -map error Sign up for email notices Sign up for our email notices at GovDeliveryi Home Calendar EQB Monitor Ordinance Library Webcasts 25% by 2025 L.- I https://arww.egb.state.mn.us/oontenUstillwater-%E2%80%93-thursday-october-5-2017-630pm-830pm 1/2 v�AWMO White Bear Lake Area Community Water Meeting How can we help Minnesota improve water quality 25% by 2025? Join your community in learning about the health of water resources in the White Bear area, and share your ideas on how to take care of our water. Our ideas will be shared with Governor Dayton as part of his 25 by 25 water improvement initiative. Thursday, September Zlst 6:30. Open House 7-8:30 PM • Program White Bear Lake City Hall, Council Chambers 4701 Highway 61 N, White Bear Lake To ensure we have enough space, please RSVP to julie@conservationminnesota.org or 612-767-1569. RiCWD avri RICE CREEK WATERSHED DISTRICT ad* CONSERVATION 1W MINNESOTA Rolf Me Mrmvam pulwL Golden Spoke Sponsor:Pneka A,.,,A.,,,r....C,;,,l, hiropractic Improving Yon. H,,,Ih Wid, Advanred T,,15- ogy FREE T-SHIRT & LUNCH -for 20, 35, 50 & 62 Mile Rides Only Riders receive a T-shirt, bandana, and lunch with a paid registration fee. The first 200 registrations receive a bike bag filled with goodies from our sponsors. You must sign up thru September 1 to receive a t -shirt. THE EXPERIENCE Hosted by the Honorary King of the Mountain, these unique rides feature bell ringers along the routes, energy stops and an after party. BRAKE FOR CAKE There are energy stops along each route with free snacks and water. Be sure to stop at the Cake Break along the 20+ mile routes. RIDESUPPORT Provided by Forest Lake Cycle and Skate. WEATHER We will ride rain or shine. TO REGISTER Register online at www.tourdehugo.com or Make checks payable to: Tour de Hugo and mail entry form to: Midwest Events 1890 Whitaker St White Bear Lake, MN 55110 For more information go to www.tourdehugo.com, call 651-762-6342 or find "Tour de Hugo' on Facebook! - ENTRY FORM: WAIVER REQUIRED: A COMPLETE ENTRY FORM WITH WAIVER SIGNATURE IS 1 understand that bicycling is a potentially hazardous sport and knowingly, at my own risk, REQUIRED FOR EVERY INDIVIDUAL RIDER. enter this event. 1, on behalf of myself, spouses, heirs and assigns waive any claims for death, damages, or injuries that I may incur as a result of active or passive negligence Name: arising out of my participation in this event against the City of Hugo, any sponsor, volunteer, or employee unless caused by their gross negligence or intentional, willful or Address: wanton acts. I understand that all entry fees are non-refundable. City, State, Zip: I understand that helmets are required for ALL riders. Signature: Email: (Parent/Guardian if rider is under 18) Phone: ❑ City Six Family Ride 20, 35, 50 or 62 Mile Ride FREE FEE REQUIRED Does not include T-shirt or lunch. OR Includes T-shirt (if registered by Sept 1) All riders must sign the waiver, and lunch. RIDE REGISTRATION FEE T-SHIRT SIZE ❑ g M E]❑ 20 mile ❑ Early Registration $40 ADULT E]L ❑ 35 mile (Through September 1) El XL El 50 mile [:]Late Registration $50 ❑ 2XL ❑ 62 mile (After September 1) You're Invited Z Free BBQ Rib Cook -off Fundraiser Benefiting the Yellow Ribbon Network Free BBQ Ribs w/ Fixings (until its gone!) Raffle Family Friendly Donations are encouraged October 14 ,2017 Dave's 11:30 am - 2:00 pm Lion's Park Thank yoL Hugo, MN 55o38 September 2017 September 2017 October 2017 Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 1 2 3 4 5 6 7 3 4 5 6 7 8 9 8 9 10 11 12 13 14 10 11 12 13 14 15 16 15 16 17 18 19 20 21 17 18 19 20 21 22 23 22 23 24 25 26 27 28 24 25 26 27 28 29 30 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Aug 27 28 29 30 31 Sep 1 2 3 4 5 6 7 8 9 7:00pm City Council 6:30pm Movie Night Meeting (Hanifl Fields) 10 11 12 13 14 15 16 6:30pm BOZA ] 7:30am Business 8:00am House Burn Breakfast (Blue 7:00pm Planning (5754 130th St.) Heron) Commission 17 18 19 20 21 22 23 1:00pm Historical 7:00pm Parks Tour de'Hugo 4:00pm Hopkins Open Hse (5970 170th St. Commission 5:00pm EDA Meets 7:00pm City Council Meeting 24 25 26 27 28 29 30 5:00pm Burger Night 6:30pm BOZA (Hugo Legion) 7:00pm Planning Commisison Meetings in green are scheduled/posted meetings. 1 9/14/2017 12:55 PM October 2017 October 2017 November 2017 Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 7 1 2 3 4 8 9 10 11 12 13 14 5 6 7 8 9 10 11 15 16 17 18 19 20 21 12 13 14 15 16 17 18 22 23 24 25 26 27 28 19 20 21 22 23 24 25 29 30 31 26 27 28 29 30 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Oct 1 2 3 4 5 6 7 10:00am Bus Tour 7:00pm City Council Meeting 8 9 10 11 12 13 14 6:30pm BOZA 8:00am Fall Cleanup 7:00pm Planning (Public Works) Commission 11:30am BBQ Cookoff (Lions Park) 15 16 17 18 19 20 21 1:00pm Historical 7:00pm Parks 7:00pm Oneka/Harrow 7:00pm City Council Meeting Commission L Neighborhood Meeting (Rice Lake 5:00pm EDA Meets Centre) J 22 23 24 25 26 27 28 8:00pm Comp Plan 5:00pm Burger Night 6:30pm BOZA Workshop (Hugo Legion) 7:00pm Planning Commisison 29 30 31 Nov 1 2 3 4 Meetings in green are scheduled/posted meetings. 2 9/14/2017 12:55 PM