Loading...
HomeMy WebLinkAbout1991.07.15 CC MinutesMINUTES FOR THE CITY COUNCIL_ _MEETING OF JULY 1 L= 1991 The meeting was called to order by Mayor Stolt man at 7:00 PM. PRESENT: Brunotte, Jesinsk:i, McAllister, Miron, Stolt man City Administrator, F -.:en Huber City Clerk, Mary Ann Creager McAllister made motion, Jesinski seconded, to approve the minutes for July 1, 1991 as amended. VOTING AYE: Brunotte, Jesinski, McAllister, Stolt man VOTING NAY: Miron Motion Carried. Miron made motion, Brt_tnotte seconded, to approve the claims for July 15, 1991 in the amount of $25,197.30. All aye. Motion Carried. MINOR SUBDIVISION i VALENTOa Mr. Don Valento has made application to the City of Hugo for a minor subdivision.. waiver of formal platting requirements, and variance from ini.nimum lot size, to subdivide a 19.87 acre~ tract of land into two lots of approximately 9.94 acres each. The parcel in question is located west of Everton Avenue, at the most northerly extension of said roadwa,,•. The tract is qenerally described as the S 1/2 of NE 1/4 of the SW 1/4 of Section 18, T31N, R21W, Huqo, MN. The property is zoned agricultural, and is currently being used for farming purposes. Everton Avenue is present -Ay treated as a minimum -maintenance. road, which serves large -lot agricUltural Uses in this area. The Planninq Commission considered this request at their meeting of April 24, 1991, and unanimously recommended approval subject to special conditions. The City received a letter from the Washington County Public Health Department stating that one of the proposed lots could accommodate only one rnot_tnd-type septic system, while the other had two sites. Councilman Miron asked Mr. Valento about the contested access to his subdivision, and a contradictory survey held by Leroy Peltier. Mr. Valento stated that he had a signed certificate of survey, and assumed that the information provided to him was accurate. Mr. Valento also stated that Dale Et -..lin had contacted him about Iocatinq_ an alternate site to satisfy the requirements of the Washinqton County Public Health Dept. Because of the discrepancies in the two surveys, Councilman McAllister su«gested the matter by tabled until a resolUt.i0f! c-at..tld be found. Don Valento requested a Tit -day extension in order to get. the two surveyors together in an attempt to resolve the access ie.sue. Miron made motion, McAllister seconded, to table the Valento minor subdivision until the Co�.tncil meeting of August 19, 1991, as per Mr-. Valento's request. All aye. Motion Carried. RE ONING REQUEST (DUNBAR/WASH COUNTY HR( -*i) On behalf of Mr. Roy Molitor, Dunbar- Development and the Washington CoUnty HRA an application has been made to the City of Hugo for the rezoning of a 21.26 City Council meeting of July 15, 1991 Page acre tract of land from Industrial to Single Family Urban. The purpose of the rezoning is to accommodate an application for Planned Unit Development which would involve future construction of 60 units of multiple family residential housing and 41 single family residential lots. The Huqo Planning Commission considered this request at their meeting of May 22, 1991 and June 26, 1991, and recommended denial of this request. They felt the major concern regarding this request was the further loss of Industrial zoned land to serve the future needs of the City. Mr. Dennis Balyeat, representing the Washington County HFA, made a brief presentation, and submitted a copy of regional studies indicating a lack: of interest in industrial development in the Hugo area, deference was made to the amount of undeveloped industrial land in Hugo, even if this eta acres is rezoned to residential. After further discussion, and in a motion made by McAllister seconded by Jesinsk:i, an ordinance was introduced to rezone the property in question from industrial to SFU. McAllister made motion, Jesinski seconded, to adopt ORDINANCE 1991-272 AN ORDINANCE AMENDING CHAPTER 320 OF THE HUGO CITY COUNCIL ENTITLED "ZONING" BY AMENDING THE ZONING DISTRICT CLASSIFICATION OF THE DESCRIBED REAL. PROPERTY. VOTING AYE: Jesinsk:i and McAllister VOTING NAY: Brunotte, Miron, Stolt man Motion Failed. Mayor Stolt man stated that this looked like a good project but that it's in the wrong place at this time. DISCUSSION OF MAYOR'S LETTER TO CITY COUNCIL At the July 1st, 1991 regular meeting of the Hugo City Council, Mayor Walt Stolt man submitted a letter to the Council making a plea for harmony, cooperation, and encouraging more communication by the City Council. Mayor Stolt man briefly reiterated the "spirit" of his letter with regard to cooperation, worE::ing together, and communication. Councilman McAllister commented on the difficulty of communicating with other Council members, outside of Council chambers, when considering the Open Meeting Law, and criticism from the public. REQUEST FOR LEGAL OPINION ON ALLEGED CITY ORDINANCE On behalf of Councilman Miron, Mayor Stolt man submitted what he believed to be a City Ordinance to the City attorney requesting an interpretation as to the authority of the zoninq administrator. After review of this document by the City Attorney and City Administrator, it was discovered that said document is not an ordinance of the City of Hugo, but a page from a planning manual, written by the city planner in Northfield, Minnesota in the mid-to-late 1970's. The establishment of the oninq administrator position is provided for by City Ordinance, Chapter :�-%20--6, Subd. B. Councilman Miron felt that information, not relating to the Cit; of Hugo, not be included in the data provided to newly -appointed Planning Commissioners. City Administrator, Ken Huber, noted that the information provided is meant to serve only as a "guide" to assist the commissioners. Councilman Miron suggested that this procedure be reviewed. C:;.i.t.y Council meeting of July 15, 1991 Page FIRE DEPARTMENT APPOINTMENT As per Council direction, interviews for the end assistant chief's position in the Hugo Volunteer Fire Department were held on Thursday, July 11, 1991. The committee will interview the two candidates who have indicated an interest in this position, and will have a recommendation for the City Council. Miron made motion, McAllister seconded, to accept the recommendation of the Interview Committee appointing Eton Gray as ?nd Assistant Fire Chief to the Hugo Volunteer Fire Dept., effective immediately. Appointment is subject to a performance review by the Fire Chief, City Administator, and City Council after January 1, 1992. All aye. Motion Carried. MINING PERMIT APPLICATION - GOIFFON Mr. Andrew Goiffon and Mr. Dean Atkinson have made application to the City of Hugo for a Mining Permit to continue the mining of gravel from a 40 acre tract of land located south of 147th St. and west of Irish Ave. (aka the SW 1/4 of the NW 1/4 of Section 23, T31N, R 1W Washington County, Minnesota). The appropriate financial deposits have been provided, and the applicant has indicated that the $25,000 performance bond will be provided, if the permit is approved. The applicant has also indicated that he will accept all conditions for a mining operation, as was previously approved for Mr. Richard Schuh and River City Asphalt. The applicants have also indicated that they carry the necessary liability insurance, with the City of Hugo named as coinsured. The applicant has indicated to the staff that it is their intent to mine sand and recycled road materials at the site in question. They have also indicated that .it is their intent to run an operation that is significantly smaller in scale than that being run by River City Asphalt. The applicants have requested that the City Council waive the optional Mining Permit review by the Hugo Planning Commission, as was done for River City Asphalt. It is our understanding that Mr. AtF::inson is in the process of buying the tract of land in question from Mr. Andrew Goiffon, and it is his intent to mine sand from the site, as was done in previous years by Mr. Richard Schuh. A number of years ago, the City issued a special use permit for the site, authorizing sand and gravel mining in an agricultural zoning district, as permitted in the City Zoning Ordinance. In addition to the vicinity map, a topographic map of the site has been provided for Council review. The Planning Commission and Council policy, with regard to public- hearings on these matters, has been that hearings be held before the Planning Commission on the even numbered years. If the City Council continues its policy, the permit in question would be subject to annual review, after- a public hearing on this matter in July of 1992. If the City Council feels the activity proposed is consistent with the City's Comprehensive Plan and the SLIP issued for this property, the City staff recommends that Mining Permit approval be subject to all special conditions as previously required for Richard Schuh and River City Asphalt. City Council meeting of July 15, 1991 Page 4 Bruce Malkerson, attorney for Mr. Atkinson, stated that the pit is being sold to Mr. Atkinson by Andrew Goiffon. Mr. Malk.erson stated that Mr. Atkinson would be prepared to state the "life expectancy" of the pit with regard to mining at the time of public hearing in 1992. Sonja Irlbeck was concerned that with two pits, another asphalt plant would be started. Dean Atkinson stated that although he had no intention of operating an asphalt plant on site, he wanted the language allowing such a use preserved. He did agree to come before the City for a public hearing should he intend to put in an asphalt plant, and such language would be incorporated into the Mining Permit. Sandy Malask.i was concerned that once another permit is granted by the City, it is "impossible" to get rid of it. Slip Wunderlich stated that the City should mage the pit owner/s pave the roads, and then allow them to haul 24 hours a day. McAllister made motion, Brunotte seconded, to grant a Mining Permit to Dean Atkinson to continue the mining of gravel from a 40 acre tract of land located in the SW 1/4 of the NW 1/4 of Section 23, T:1N, R21W. This Mining Permit will expire in July of 1992, and is subject to compliance with all special conditions, as stated in the permit. All aye. Motion Carried. PROPOSED POLICY ON BUILDING ELEVATIONS For the last four years, the City Council has taken a strong position with regard to allowing residential structures in or near wetlands and areas prone to flooding from surface or ground water. Although the City has a flood plain management ordinance, said ordinance allows for stricter controls being established by the City. The City staff has implemented the Council policy that the lowest floor elevation of all new residential structures must be at least two feet above the 10C) year flood frequency high water mark or four feet above the high groundwater marl::, whichever is greater. To assure consistency in the future enforcement of this policy, the City staff feels it appropriate to put said policy in writinq at this time. Councilman Miron asked if the purpose of this policy is to address a specific request or application. The City Administrator responded in the negative. Stolt man made motion, Jelinski seconded, to adopt RESOLUTION 1991-10 RESOLUTION ESTABLISHING A WRITTEN POLICY SETTING LOWEST FLOOR ELEVATIONS FOR NEW RESIDENTIAL STRUCTURES. VOTING AYE: Brunotte, Jesinsl::i, McAllister, Miron, Stolt man Motion Carried. Miron made motion, McAllister seconded, to adopt RESOLUTION 1991--1.1 RESOLUTION ESTABLISHING POLICY FOR USING CITY STREETS TO CONDUCT BLOCk:: PARTIES. VOTING AYE: Brunotte, Jesinski, McAllister, Miron, Stolt man Motion Carried. City Council meeting of July 15, 1991 Page 5 FRANk:: PULED LETTER Mr. Frank Puleo of 16155 Forest Blvd, Hugo, Minnesota has written a letter to the Council requesting assistance in resolving a possible problem in getting the necessary permits to construct a pole barn and green house on his property (93008-2950). In igen, the City Council issued a special use permit to construct one greenhouse on the property in question. Since that time however, two additional structures have been built, and our records indicate that no permits were secured from the City. Mr. PUleo is requesting authorization to construct a 54' X 104' pole building to house horses and two 34' X 96' greenhouses on this property. The difficulties in this case arise from the fact that the property is located within the 100 -year flood plain (zone A) of the City. City Ordinance 320-24, Subd. A-, requires that all structures, both temporary and permanent, require special use permits in the flood -way districts of the City. In the building inspector's meetings with Mr. Puleo, he has indicated that he would lige the City Council to waive the following: 1. Special Use Permit review by the Hugo Planning Commission. 2. Waiver of the ten-day waiting period, as required by Chapter 3,20-28, Subd. D1 of the City's Flood Plain Management Ordinance. Waive the requirement that the fee owner of the property sign the application for this special use permit (City records indicate that Patricia Lebens is the fee owner of this property). If the City Council deems it desirable to grant the waivers requested, and issue a special use permit allowing construction of these buildings in a flood way, we would recommend, that at a minimum, approval of this permit be subject to the following special conditions: 1. The use of these buildings be limited to those identified as agricultural for the greenhouses, and a horse barn for the pole building. . Full compliance with Chapter 320-22, Subd. C, of the City's Flood Plain Management Ordinance. 3. Compliance with 3_10-24, Subd. Ate' & of the City's Flood Plain Management Ordinance, with the exception of any waivers granted by the City Council. 4. The applicant shall be responsible for any costs incurred by the City in determining regulatory flood protection elevation, as required in Chapter 320-222, Subd. C2 of the City's FPMO. The property in question i8 described as all that part of the SOUth 1%`' of the north 3 of that part of the southeast 1i4 of Section 8, T31N, R21W, lying east of the right-of-way of the Northern Pacific Railway Co., Washington County, Minnesota. On July 15, 1991, in the morning, the City received a letter from the DNR, under- the signature of Molly Shodeen, stating that Mr. PUleo's property was not within the flood way, but in the flood fringe, and those regulations shall apply. The City Admini5trator noted that the maps the City has indicates that Mr. PUleo's property is within the flood way. City Council meeting of July 15, 1991 Page b Miron made motion, brunotte seconded, that Mr. PLlleo is not required to obtain a Special Use Permit, based on the recommendations of the DNR and the RCWD. VOTING AYE: Brunotte, Jesinski, Miron, Stolt man VOTING NAY: McAllister Motion Carried. JIM LEROUX LETTERS OF MAY 15 1991 AND JUNE 24 1991 At the July 1, 1991 meeting of the Hugo City Council, Councilman McAllister requested that the two letters submitted to the City Council for Jim Leroux: be placed on the agenda for review and response. The letter written by Mr. LeroUN was critical of the manner in which the City Council conducts its public hearings. Specifically, he cited the manner in which the City Council conducted the capital improvements public hearing at the Hugo School in 1988. For those of you who were not in attendance at that meeting, a public improvement hearing was conducted pursuant to Chapter 429 of the public improvement code. The meeting was held in the summer of 1988 at the Hugo Elementary School. Approximately 200 people were in attendance and the hearing toot, appro:;imately three hours. Public testimony was taken for 1 1,`2 hours, and everyone was given an opportunity to speak at this hearing. The staff prepared a presentation explaining the scope of the project, and the meeting was chaired by the Mayor. The city staff and consultants answered technical and financial questions raised by the audience and City Council. With thr exception of the Homestead Ave. portion of the project, which received considerable opposition, the capital improvements received overwhelming support from the audience. At the close of the hearing, each member of the Cita: Council expressed their thinking with regard to the scope of the project and whether to proceed as recommended. After a discussion by the members of the City Council, the Homestead Ave. portion of the project was deleted from the resolution and said resolution ordering the improvement passed on a four -to -one vote of the City Council. The City Administrator stated that the information provided in Mr. Leroux's letter of May 15, 1991, would appear to be totally inconsistent with what actually toot. place at the public hearinq. Mr. Leroux stated that he was lettinq the Council know his feelinqs about how they conducted their- business. Councilman McAllister felt it important that if allegations were made against the Council or Cite; staff, that it was important that it be the "truth" . Councilman Jesinsk.i commented on the inaccuracies in Mr. Lerol{>;'s letter. Mr. Leroux, said he would stand behind the content of his letter, with the exception of the vote. Councilman McAllister noted that Mr. Leroux, was an elected member of the Board of the Anotia Electric Cooperative and asked him a number of questions regarding the staff and operation of the Board. Mr. Leroux: responded regarding staff size and how the board of Anoka Electric operates. Mr. McAllister noted the professional manner in which the AEC'_ agendas are prepared and the amount of staff input that is provided. He noted that he had secured copies of AEC Board Minutes and noted the voting record of Mr. Leroux as a board member- over a two month period. Mr. L.ernu;; responded and questioned the ethics of Mr. McAllister in doing an City Council meeting of July 15, 1991 Page 7 investigation on his voting record. Mr. McAllister then asked how Mr. Leroux: could come before the City Council and criticize the way it operates and the City staff when Mr. Leroux: and the Board of Anoka Electric conduct their business in much the same way. Mr. Leroux; responded saying that he was entitled to his opinion and as a citizen of the community, had a right to come before the council and make his opinion known. Mr. McAllister then noted that as far as he was concerned, the reason Mr. Leroux was constantly critical of the city staff was because Mr. Leroux: had applied for the city administrator's job in 1986, and because he was not chosen for the position, his efforts have been nothing but "sour grapes" ever since. Councilman Miron indicated that he did not feel that it was right to bring in a citizen of the community and interrogate them just because they wrote a letter to the city council. CITY ADMINISTRATOR The City received a letter from Randy Diers of the Lake Area Security Dank. stating that he wanted the City to include the blacktopping of 121st Street (Round Lake Addition) in the CFF, Phase ?. Valley Paving stated that they will honor their original bid of $53,679.80 to improve this road. McAllister made motion, Miron seconded, to approve Change Order #1 to include the improvement of 1221st Street (Round Lake Addition) in CIF, Phase 2, at bid price of $53,679.8t>. All aye. Motion Carried. Administrator Huber reported that it will cost the City an estimated $10,000 to satisfy mitigation efforts to replace lost wetlands in conjunction with CIP, Phase ?, as determined by the DNR. MISCELLANEOUS Councilman Miron reported on the following: 1. Complaint from resident on 132nd Street road after- brushing for the future road A resident informed him that they were them by the employees of Malley Paving. When a road is closed for maintenance, place. about the "mess" left on the improvement. pleased with the courtesy shown proper signage should be in Theodora Peltier stated that she had not received her questionnaire, and she was informed that there were no extra copies, and to contact the Post Office to determine why no delivery had been made to her residence. Mrs. Peltier also suggested that the Planning Commissioners be provided City codebook:s for their use if the Planning Commission found it appropriate. Sandy Malask.i asked that the OVC consider her complaints about the gravel pit operation: City Council meeting of July 15, 1991 Page S 1. Building placed on site without a building permit. 2. Loading trucks until 7:00 PM (allowed until 6:00 PM). 3. Storage of trucks on site. ADJOURNMENT Miron made motion, Brunotte seconded, to adjourn at 9:50 PM. All aye. Motion Carried. Mary n Creager, Ci Clerk: