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HomeMy WebLinkAbout1991.04.15 CC MinutesMINUTES_ FOR _THE REGULAR CITY COUNCIL MEETING OF APRIL 15, 199^1 The meeting was called to order by Mayor Stoltzman at 7:00 PM. PRESENT: Brunotte, Jesinski, McAllister, Miron, Stoltzman City Administrator, k:en Huber City Attorney, Charles Johnson City Engineer, Howard Kuusisto City Clerk, Mary Ann Creager Miron made motion, McAllister seconded, to approve the minutes for the City Council meeting of April 1, 1991 as submitted. All aye. Motion Carried. Miron made motion, Jesinski seconded, to approve the claims for April 15, 1991 in the amount of $52,162.13. All aye. Motion Carried. CHARITABLE GAMBLING Stoltzman made motion, Miron seconded, that the Hugo City Council does hereby resolve that they have no objections to issuance of a Premise Permit, pursuant to M.S. 349.213. Subd. 2, for the property described as 5736 147th Street, Hugo, MN., as submitted by American Legion Post #620, for the purpose of conducting lawful gambling, and waiver of the 60 day waiting period. All aye. Motion Carried. McAllister made motion, Stoltzman seconded, that the Hugo City Council does hereby resolve that they have no objections to issuance of a Premise Permit, pursuant to M.S. 349.213, Subd. 2, for Good Neighbor Days, June 7, 8, and 9, 1991, as submitted by the Hugo Lions Club, for the purpose of conducting lawful gambling, and waiver of the 60 day waiting period. All aye. Motion Carried. DISTRICT MEMORIAL_ HOSPITAL ADMINISTRATOR (JAQ LANNON) Mr. Lannon appeared before the City Council to discuss District Memorial Hospital and services they provided to the residents of Hugo. Mr. Lannon wanted the Council to know that he was available to them should they have any questions regarding the hospital. REQUEST FOR LEGAL OPINION (CHARLES_JOHgSjON At the March 18, 1991 regular meeting of the Hugo City Council, the City Attorney was directed to provide the City Council with a legal opinion regarding the City's ability to make financial contributions to private organizations. This request was in response to a letter from the American Legion Post 620 asE::ing for a financial contribution to send school -crossing guards to training camp. City Attorney, Charles Johnson, reported that the City cannot legally mak-.e a financial. contribution unless the request meets certain criteria: City Council meeting of April 15, 1991 Page 2 1. Public purpose. 2. Authorized by Minnesota Statutes. Approval by City Council to spend money. Because the request did not satisfy the criteria, it was Mr. Johnson's opinion that the City could not legally make a financial contribution. Miron made motion, McAllister seconded, to send Cecelia Nadeau of the American Legion Post, a copy of the City Attorney's report regarding her request for a financial contribution. All aye. Motion Carried. DITCH CLEANING REQUEST (ENGINEER'S REPORT) In response to a letter from Mr. Paul Husnik regarding ditch maintenance adjacent to his property, the City Council requested an inspection by the City Engineer regarding this matter. City Engineer, Howard k::uusisto, submitted a report of his findings. McAllister made motion, Jesinski seconded, to inform property owners along the ditch in question that the City will be installing signs for the control of snowmobile traffic. Councilman Miron questioned whether the City had the legal authority to sign private property and offered an amendment to the previous motion that the City secure permission from the property owners before placing any signs or barricades on their property. City Attorney, Charles Johnson, stated that, without doing extensive research, it was his opinion that the City had the right to regulate activities affecting a drainage system. The City Administrator suggested that the Council direct the staff to send a letter informing residents along the ditch that signs would be installed. Councilman Miran stated he preferred that the Council take formal action, by motion, as opposed to giving verbal direction. Councilman Miron also indicated concern that the Council would be setting_ a precedent on the signing of other snowmobile routes that could become costly to the City. Councilman Miron withdrew amendment. VOTE ON ORIGINAL MOTION: All aye. Motion Carried. VARIANCE FOR OVERSIZED GARAGE ( J . MEYER) Jeffrey and Ann Meyer, of 10221 k::erry Court, have made application to the City of Hugo for a variance to construct a 3oe square foot addition to their existing residential garage. This request would allow the construction of a garage 860 square feet in size. The property in question is zoned conservancy, and consists of approximately five acres. This request is consistent with Council policy regarding issuance of variances for over -sized garages in a residential zone. Miron made motion, McAllister seconded, to approve the variance application of Jeffrey and Ann Meyer, 1CC221 k:erry Court, for the construction of a 3C)9 square foot addition to their existing residential City Council meeting of April 15, 1991 Page _ garage. The proposed addition/garage is to be used for residential purposes only. All aye. Motion Carried. PRELIMINARY FLAT AMENDMENT (BIRCH TREE FONDS) Mr. James Merila, 8401 73rd Avenue North #63, Brooklyn Park, MN., has made application to the City of Hugo for a preliminary plat amendment for the current plat of Birch Tree Fonds, formerly known as Hugo Meadows South. The property in question is described as Outlot A of Birch Tree Fonds 2nd Addition, Washington County, MN. The property is zoned SFU, and contains approximately 25.3 acres, of which a portion is DNR protected wetlands #82-2.60W. The preliminary plat in question is considered minor in nature, and will affect phases 3 and 4 of the original preliminary plat approved by the City. It is the developer's intent to make the following changes: 1. Adjust the pond depth and location. 2. Changes in cul-de-sac locations. 3. Addition of four residential lots. 4. Grading changes on site. The grading changes, utility locations, and hydrology changes have been reviewed by the City Engineer, and a copy of his report is on file. At the March 27, 1991 regular meeting of the Hugo Planning Commission, a public hearing was conducted, and the Planning Commission unanimously recommended approval of the preliminary plat amendments, as proposed. Mr. John Johnson, representing James Merila, reviewed the proposed changes with the City Council. Jesinski made motion, McAllister seconded, to approve the request of Mr. James Merila for a preliminary plat amendment for the current plat of Birch Tree Fonds, formerly known as Hugo Meadows South, to make the following changes: 1. Adjust the pond depth and location. 2. Changes in cul-de-sac locations. Addition of four residential lots. 4. Grading changes on site. All aye. Motion Carried. FLAT APPROVAL CLARIFICATION BIRCH TREE FONDS SND ADDITION) At the February 4, 1991 regular meeting of the Hugo City Council, action was taken approving the final plat of Birch Tree Ponds 2nd Addition. Approval of said plat was subject to special conditions and providing a financial deposit, as prescribed in the Development Agreement. Item #21 of the special conditions read as follows: "The lowest floor elevation of any structure in the plat shall not be below 932.5' mean sea level, or as identified in restrictive covenants, whichever is greater." It was later brought to our attention that the 93.5' elevation was to be only for City Council meeting of April 15, 1991 Page 4 those lots, in Birch Tree Fonds 2nd Addition, that were east of Freeland Avenue. This matter was reviewed, at length, with the City Engineer, and he concurred with this understanding. The City staff recommends that the City Council amend special condition #21, for the plat of Birch Tree Fonds 2nd Addition, adding the following language: "for all lots east of Freeland Avenue". Lots west of Freeland Avenue shall be at the elevations identified on the approved grading and utilities plan. McAllister made motion, Stoltzman seconded, to amend special condition #21 for the plat of Birch Tree Fonds 2nd Addition, adding the following language: "for all lots east of Freeland Avenue". All aye. Motion Carried. REQUEST TO SPREAD CONTAMINATED SOIL Mr. Joseph B. Rademacher of Pump and Meter Service, Inc., Hopkins, MN., has made application to the City of Hugo for approval of a corrective -action plan for disposal of petroleum -contaminated soils. The contaminated soils came from a Super America gas station located in Stillwater, MN. It is the applicant's intent to spread approximately 565 yards of petroleum hydrocarbon contaminated soil over a 1 1/2 acre area located in the SW 1/4 of the SW 1/4 of Section 27, T1N, R21W, Hugo, MN. The property in question is owned by Mr. Dean Stedt of 7416 132nd Street, Hugo, MN. In our discussions with Mr. Dave Shear of MPCA, he indicated the importance of identifying the precise location of the spread area, and indicated he had some questions regarding the soil conditions in the area proposed. Note on pages 21 and 22 of the application, the maps identifying the spread site indicate two different locations. On page 18 of the application, which deals with site and soil characteristics, the applicant indicates that the distance to surface water is 500'. It should be noted that Branch 2 of Judicial Ditch 2, in the Rice Creed.-: Watershed System, runs through the site in question, and is extremely close to the spread site, as identified on page 21 of the application. The applicants listed the distance to the nearest building or residence from the spread site to be 1,500'. Based on the maps provided, it would appear that the spread site is several hundred feet from the nearest building. The applicant has indicated that the depth to the seasonal high water table is 40'. Our records of soil tests on high ground adjacent to the site in question indicate the a seasonal high water table is 2' to 6' from the surface. In reviewing the report on page 19, it would appear that the soil is contaminated with unleaded gas and diesel fuel. Traces of gas, fuel oil, benzyne, ethyl benzyne, xylene, and lead were detected in the soil samples. Based on the site plan provided on page 20, the application site is approximately 750' north of 132nd Street, and 2,200' west of Homestead Avenue. Mr. Rademacher addressed the Council, and stated that attempts were made to locate a spread -site in Stillwater, but it was not feasible. Stolt man made motion, Miron seconded, that a Special Use Permit would be required before the Pump and Meter Service, Inc., could spread contaminated soils in the City, and the matter then be referred to the Hugo Planning Commission for the required public hearing, pending receipt of the appropriate application. All aye. Motion Carried. City Council meeting of April 15, 1991 Page 5 REQUEST FOR USE OF PUBLIC FACILITY (S. k-:REY) Mr. Shane Krey of 6640 125th Street, Hugo, MN., has made application to the City for use of the City's softball diamonds on May 18 and 19 for a tournament. Miron made motion, McAllister seconded, authorizing exclusive use of the City's ballfields for a softball tournament on May 18 and 19, 1991, to Mr. Shane k::rey. Approval is subject to the following special conditions: 1. On -street parking on Fitzgerald Avenue and 147th Street be such that it does not disrupt the two-way flow of traffic on the said streets. 2. Activities on the fields shall not begin before 7:06 AM, and must be concluded no later than 10:00 PM each day. 3. No overnight camping be permitted in the part::. 4. No glass beverage containers be permitted in the part::. 5. At the conclusion of the tournament, or no later than 122:00 noon on May 19, 1991, all trash, rubbish, and other debris in the part; shall be removed and properly disposed of so as to leave the part: in a clean and safe condition. S. The sale of alcoholic beverages on site shall be done by a licensed vendor carrying the proper liability insurance, as per Minnesota Statutes. All aye. Motion Carried. CITY ADMINISTRATOR REPORT City Administrator, Ken Huber, reported on the following: 1. The letter was sent to Mr. Dean Atkinson as per Council discussion at their previous meeting. . Briefed the Council as to the condition of Elmcrest Avenue as the result of recent rains. Steps are being taken to help the situation. 3. The Washington County Health Department has notified the City of Hugo that we will again be eligible for a curbside recycling grant amounting to $10.00 per household. 4. The City of Hugo has received notice from the DNR that we will have 90 days in which to comply with the new Flood Insurance requirements. 5. NSP will be in the City restoring rights-of-way disturbed because of last year's natural gas extension. Complaints should be brough to the staff's attention this week. b. A resolution will be drafted requesting a speed study be done on County Road 8A between Highway 61 and Goodview Avenue. MISCELLANEOUS Mayor Stolt man read a letter from Gene Johnson, Press Publications, in which he stated that all of Hugo is not served by his newspaper May(-) r' Stolt man said he will be writing a letter to Mr. Johnson stating that 100% circulation was the basis to Hugo's decision to declare Press Publications as the City's legal newspaper. City Council meeting of April 15, 1991 Page b The City received a letter of complaint from a resident regarding a noise problem from RJ's Bar on St. Patrick's Day. Mayor Stolt man said he would make a followup contact with the owner of RJ's. Miron made motion, McAllister seconded, that the Mayor provide a copy of the letter of complaint, and meet with the owner of RJ's Bar, to discuss this matter. All aye. Motion Carried. Miron made motion, McAllister seconded, to adjourn at 8:50 PM. All aye. Motion Carried. Mary r Creager, Ci Clerk