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HomeMy WebLinkAbout1991.08.05 CC MintuesMINUTES FOR_THE REGULAR CITY _CCOUNC I L MEETING CiF AQGUST 5._199L The meeting was called to order by Mayor Stoltzman at 7:00 PM. PRESENT: Brunotte, Jesinsk:i, McAllister, Miron, Stoltzman City Administrator, Fen Huber City Attorney, Charles Johnson City Clerk, Mary Ann Creager Miron made motion, Brunotte seconded, to approve the minutes for the City Council meeting of July 15, 1991, as amended. All aye. Motion Carried. McAllister made motion, Brunotte seconded, to approve the claims for August 5, 1991, in the amount of $124,704.60. All aye. Motion Carried. ST ._JOHN' S CHUF C:H_t'_ BEEFS } Miron made motion, McAllister seconded, to approve the issuance of ars on-sale 3.2 beer license to the Church of St. John's for Augusts, 1991, in conjunction with their annual Fall Festival at 14.383 Forest Blvd. No. All aye. Motion Carried. DISTRICT MEMORIAL.. HOSPITAL PRESENTATION Hospital Administrator, Jack: Lannon, Mike Perrault, and Dan Beyer appeared before the Hugo City Council to discuss a proposal to provide on-site ambulance service to the City of Hugo. Earlier this year, the City Council discussed the City's ambulance contract, which expires at the end of this year. Although the proposal for ambulance service is spelled out in the submitted documents, Hospital Board Chairman, Mike Perreault, made a brief presentation to the Council regarding this proposed service. The DMH would provide a user -pay ambulance service, with no additional subsidy required from the City. Dan Beyer stated that he had spoken to Tim Vadnais, WBL Fire Chief, and Mr. Vadnais stated that they would also be willing to provide such a service. DMH and WBL Mould charge Hugo for fire department training if no additional subsidy provided by Hugo. Councilman Miron suggested that representatives from DMH work: with the City's Fire Chief and City Administrator, and provide facts and financial comparisons to assist the Council in their decision. This is to be given high priority. VARIANCE RQUE:ST DORNF ELS Mr. David Dornfeld of 15255 Elmcrest Avenue has made application to the City of Hugo for a variance to construct a 960 square foot attached garage in an agriculture district. The property in question consists of 11 acres, and is currently being used for residential purposes. The maximum square footage allowed in this zoning district is 720 square feet. Th:i.s request is consistent with the Council o s policy regarding variances for over -sized garages in agricultural zoning districts. City Council meeting of August 5, 1991 Page Jesinsk:i made motion, Miron seconded, to approve the variance request of David Dornfeld to construct a 960 square foot attached garage on his property located at 15255 Elmcrest Avenue. No commercial activity is to be conducted in said garage. All aye. Motion Carried. VARIANCE REQUEST (DEJARLAIS) Bill and Marilyn DeJarlais have made application to the City of Hugo for a variance to construct a 1,092 square foot attached garage on Lot 5, Block- Countryview Acres (aka 8755 126th Street North). The property in question is zoned RR2, and consists of five acres. The maXimum square footage allowed in this zoninq district is 720 square feet. This request is consistent with Council policy regarding variances for over -sized garages in RR2 zoning districts. Miron made motion, Jesinsk-i Bill and Marilyn DeJarlais garage on property located activity; is to be conducted All aye. Motion Carried. VARIANCE REQUEST (SANIES) seconded, to approve the variance request of to construct a 1,092 square foot attached at 8785 126th Street North. No commercial in said garage. Torn and Denise Sames have made application to the City of Hugo for a variance to replace an existing 20' 6' garage on their property identified as 12116 Falcon Avenue. The request in question involves a variance to construct an over -sized garage and variances to locate the garage 5' from the side yard property line„ and 27.6' from the front yard property line. The property in question is zoned SFE, and consists of appro::•:imate 1y 1.06 acres. This matter was reviewed by the Hugo Board of Zoning Adjustments, at their July 24, 1991 meeting, at which time said Board recommended approval of the variance request for the over -sized garage, as well as the front and side yard setbacks, as identified on the site I,Ian. McAllister made motion, Stolt man seconded, to approve the variance reqUest of Tom and Denise Sames to construct an over -sized 26' _:72' garaqe 5' from the side yard property line, and 7.6' from the front yard property line, on their property at 12116 Falcon Avenue. No commercial activity to be conducted in said garage. All ave. Motion Carried. VARIANCE REGUEST_(STHURAZ_ On behalf of Mr. Ted Stahura, Mr. Jack: West has made application to the City of Hugo for a variance to construct a 1,020 square foot attached garage: on Lot 7, Block: 2, Countryview Acres (8895 126th Street). Ti -ie property consists of 5 acres and is zoned RR2. The request in question is consistent with Council policy regardi.nq over -sized garages in RR2 zoninq districts. City Council meeting of AUQUSt 5, 1991 Page _ McAllister made motion, Miron seconded, to approve the variance request of Ted Stahura to construct an over sized 1,0220 square foot attached garage at 9895 16th Street. No commercial activity to be allowed in said garage. All aye. Motion Carried. SPECIAL USE PERMIT - PUD (WEGLEITNER/F;-:ENCO) On behalf of Martin and Sandra Wegleitner, V`.enco Construction Co., has made application to the City of Hugo for a Special Use Permit allowing a Planned Unit Development and variance to develop a 6k).7 acre tract of land into single family and two-family residential lots. The property in question is currently zoned SFE and is located east of Geneva Ave. and both north and south of 145th St. The total number of lots proposed in this development is 115. The City Council received a development plan entitled, Rice Lake Meadows, a Proposed Planned Residential Community, for their review. It would appear that the developers are approaching their - proposal from a density standpoint tat.-:ing into account. the Council's previous concerns regarding the number of dwelling units that would be allowed if the property were rezoned to SFU. In the Fall of 1990, the applicant applied for the rezoning of the property in question from SFE to SFU. The Planning Commission reviewed this request and made a recommendation for approval. The rezoning request was subsequently denied by the City Council, citing density as one of their major concerns. It would appear that the density approach being used, predicated on the position that duplexes are allowed in SFE zoning districts by Special Use Permit, and that if density is a real concern to the City, two dwelling units per acre should be an acceptable proposal. If this proposal moves forward, the developers are required to prepare the necessary documents for the formal platting of this site. Mr. James Merila reviewed the proposed development, and asked that the City Council accept the pari:: land rather than payment of the part: fee. Mayor Stolt man expressed concern with drainage from this project that flows to the east and north. Councilman Miron asked if the drainage was public or .if there were easements. and stated his concern with setbacks and lot widths. Mr. Merila stated that the project would use existing drainage systems. Councilman McAllister was also concerned with drainage from this project, and the fact that there is a considerable amount of marginal soils (12:' soils). Mayor Stolt man ask:ed about the variances needed for the 5' s>etbac..b:: and smaller lot sizes. Administrator Huber stated that the PUD allows for these, but he would not recommend the 5' =...ide yard setback's. Both Mr. Resler of Kenco Construction, and Mr. Merila, asked the Council for "concept approval" prior to their expendinq more funds relative to this project. COLWICilman McAllister stated that he did not have a problem with the concept of the development, but needed questions answered before he could vote on the SUP or PUD. Mayor Stoltzman said his concern wets about drainage, and not the density. Councilman Miron stated h.i=_s concern about the variance for building setbacks. McAllister made motion, Miron seconded, that the application for a SUP be tabled until the following matters are addressed by the city engineer: City Council meetinq of AUqust 5, 1991 Pacie 4 1. Stabilization of 12? soils. . Concept construction plan for utilities to be reviewed by the City Engineer. Response to RCWD requirements and recommendations. 4. Lot widths and setbacks be addressed. 5. Drainage plan and status of outlet ditches. 6. Engineering recommendation of right-of-way width for local streets. 1 . Park; land dedication fee in lieu of park:. land. All aye. Motion Carried. PRELIMINARY FLAT - COUNTRY PONDS (ARLINGTON PROPERTIES) On behalf of Arlington Properties, Mr. Dick:: Sagstetter and Richard Schreier have made application to the City of Hugo for a preliminary plat approval of the proposed Country Ponds Subdivision. The property in question was zoned SFU earlier this year for single family residential development. It is the applicants' intent to Subdi.vide this 451.62 acre tract of land into 98 single family residential lots to be served with municipal Utilities, as well as street, curb, and gutter. The applicants have indicated they have proceeded with permits from MNDOT, the Rice Creek: Watershed District, and the DNR. The site.in question is located east of Highway 61, north of 130th St. The property is described as that part of the SW 1/4 of the NW 1/4 lying easterly of Highway 61, except the north 2 rods thereof, and that part of the NW 1/4 of the SW 1/4 lying easterly of Highway 61, all in Section 29, T.'1N, R21W, Washington County, Minnesota. The major concerns highlighted by the City staff regarding this development are as follows: 1. Stormwater drainage and retention ponds. 2. Acceptable highway access. 3. Soil conditions. 4. Proper phasing of the development plan. 5. The ability to serve the site with municipal Utilities. 6. Watermain looping. 7. Access to the property east of the site. The applicants have acknowledged that if this plat is approved by the Planning Commission and City Council, they will have to pro,,/ide a Developer's Agreement, the necessary financial security to ensure compliance with said Agreement, and installation of the required infrastructure improvements. A special notation should be made of the: fact that a small portion of the subdivision is not within the Metro Urban Service Area. The ability to serve that portion of the plat with sanitary sewer may be jeopardized if permits cannot be secured from the Metro Waste Control Commission. If an amendment to the MUGA is proposed by t! -ie developer some time in the fUtUre, all administrative costs related thereto shall be the responsibility of said developer. This regUest comet_ to the City Council without a recommendation from the Planning Commission. as members of the Planning Commission felt they were not provided adequate information, by the developers, to mai-.-.e a decision on this matter, and thF developers refused to accept the tabling of this matter by the Planning Commission to secure said information. John Daubney, attorney for the developers, addressed the Council e.plaining the drainage for the project, City Council meeting of August 5, 1991 Page 5 and stated that the private ditch on the Arcand property to the east will be deepened and widened at the developer's expense. He also questioned conditions 2Z�, 24, and 25, as recommended by the Planning Commission. Lawrence Olson, engineer for the project, reviewed the engineering aspects of the development. Greg Carlson, property owner to the north of the project, questioned the grade of the project, and felt that he would receive runoff from the project. He was informed that the plat grade would be lower than Mr. Carlson's property. Jim Gondel:: questioned whether the site was appropriate for residential housing. McAllister made motion, Stolt man seconded, to approve the preliminary plat for COUNTRY PONDS to subdivide 45.02 acres into 98 single family residential lots. The property is legally described as that part of the SW 1/4 of the NW 1/4 lying easterly of Highway 61, except the north 2 rods thereof, and that part of the NW 1/4 of the SW 1/4 lying easterly of Highway 61, all in Section 29, T31N, R21W, Washington County, MN. Preliminary plat approval is subject to the following special conditions: 1. The final plat must be recorded with the Washington County Recorder within 60 days of plat approval or said action shall be null and void. Final plat approval shall be contingent upon compliance with grading, storm water drainage, and utility plan ,approval by the city engineer. _. All applicable conditions of plat approval must be met prior to the recording of the final plat at the Washington County Recorder's Office. 4. The property lines identified on the plat must be identified by the applicants to assure proper setbacks when buildings are to be constructed, if required by the building inspector. 5. No building or other permits shall be issued until the final plat has been recorded with Washington County, and utility/road improvements are substantially completed (see Developer's Agreement). 6. The required permits from the Rice Creel; Watershed District and DNR must be approved and submitted to the City prior to approval of the final plat. 7. All fees relating to this Subdivision shall be paid by the applicant including the cost of recording documents witt-Washington County. B. Payment of the required fee in lieu of parkland dedication shall be made prior to signing of the final plat. 9. Installation of required roadways, including streets, curb and gutter, stormwater control, and utilities shall be at the developer=.' e%,pen=.e, as per the Developer's Agreement and approved plans. 10. Plat approval shall be contingent upon full compliance with the Developer's Agreement. 11. No improvements., landscaping, or grading shall be permitted in defined drainage easements without the express written authorization of the City and the approved watershed district. 12. All property owners shall be held responsible for maintenance of drainage areas within the easements on their property and deed restrictions shall limit activities permitted in L e=_.e drainage areas.. 13. Developer shall deposit with the City $10,OCW) to cover legal, engineering, administrative, and other costs related to this development. City Council meeting of August 5, 1991 Page 6 14. Developer agrees that lots abutting on cul-de-sacs or termination turnarounds of streets shall be provided with adequate off-street parking, such that the City could prohibit on street parking, if deemed necessary for safety or maintenance purposes. 15. Developer shall provide a financial guarantee, equal to 1.25 times the amount of the required public improvements to be installed, to serve the development. 16. Developer shall be responsible for street signing, identifying mailbox locations, providing as -built drawings, and installation of trees and culverts within the development, as required. 17. Any exterior lighting or advertising activities on site must be approved by the City. 18. Drainage and erosion control methods proposed for this development shall be complete prior- to the City accepting the roadway or public improvements serving this development. 19. An acceptable phasing plan shall be a part of preliminary plat approval. 20. The lowest floor elevation of any structure in the plat shall be 2 feet above the 100 year flood elevation or 4 feet above the high groundwater elevation whichever is greater. 21. On-site watermains shall be looped, as recommended by the City Engineer. 22. Drainage easements shall cover pond 106—year high wager levels. 23. An agreement or easement shall be secured for ditch maintenance to accommodate surface water drainage to the east (parcels 9.5029-2650 and 93029-2900). 24. Landscape screening shall be provided on the north border of the site consisting of 6' high pine trees spaced 12' apart on Lots 2, 1, and 4, Block 1. Trees shall be warranted by the developer for an 18 -month period, and shall be planted at the time the 1st building permit is requested. 25. A homeowner's association shall be established, and will be responsible for maintenance and improvements to the stormwater control system on site, and for the drainage ditch to the east, constructed tc serve this development. 26. The developer shall be responsible for the cost of any required by-pass .lanes or turn lanes on Highway 61 to serve this development. 27. Soils and compaction tests to be required on each, building site, if required by the City Engineer. 8. The ditch east of site will be improved by the developer, to a distance, and in a manner defined by the City Engineer. 29. MUSA expansion request, by the developer, will be made during Phase 1 implementation. VOTING AYE: Jesinsk:i, McAllister, Stol.tyman VOTING NAY: Drunotte and Miron Motion Carried. HAZARD ELIMINATION SAFETY PROGRAM In the Fall of 1990, the City Council authorized submittal of a grant to participate .in a program to survey a current road signing and fund the installation of regulatory and warning signs and devices. It is our understanding that the funding for this program comes from the Federal City Council meeting of August 5, 1991 Page 7 Highway Administration, and is administered by MNDOT. MNDOT, in turn, has assigned administration responsibility to the County, and the County will in turn contract with an engineering consultant to conduct the traffic study needed to implement this program. The City is responsible for paying the County 100% of the costs incurred by the engineering consultant for the inventory study, and 100% of the costs incurred to contract for purchase and installation of materials. MNDOT will reimburse the City in an amount not to exceed 90 of the eligible costs for this project. McAllister made motion, Stolt man seconded, authorizing the Mayor and City Clerk to sign the Washington County Administration Agreement Hazard Elimination Safety Program, on behalf of the City, between the City of Hugo and Washington County. All aye. Motion Carried. CITY HALL PARE•:: I NG Councilman Brunotte requested that this matter be placed on the agenda to discuss the need to provide for designated parking around City Hall. There is currently a great deal of traffic and pedestrian congestion around City Hall during the summer months vyhen there are public meetings at the same time as Fire Department drills and athletic activities tatting place in the part::. Because of a time factor, this matter will be discussed at the Council meeting of August 19, 1991. CIP PHASE (CHANGE ORDER Mayor Stolt man requested that this matter be placed on the agenda to consider installation of a culvert on 13nd Street, west of Henna Avenue North. The City had originally intended to install a culvert in the proximity of the location proposed as a part of our CIP Phase 2 program; however, that portion of the roads project was dropped, as was the culvert replacement. McAllister made motion, Brunotte seconded, to approve the Change Order #22, for the installation of a culvert on 177nd Street, at a cost of $755.4. The cost of the culvert is to be paid from the general fund. All aye. Motion Carried. PARK ORDINANCE ENFORCEMENT At an earlier meeting of the City Council, Councilman Brunotte requested that the Council consider more strict enforcement of the City's park: ordinance with regard to parte closing times. He had suggested that the Council consider properly signing the park:, directing the sheriff to enforce the ordinance, and possibly altering the hours when the hart; is suppose to be closed. Brunotte made motion, Jesinst::i seconded, to adept ORDINANCE 1991-?7�, AN ORDINANCE AMENDING CHAPTER `22?i_) OF THE HUGO CIT`(' CODE BY CHANGING THE TIME OF PARK CLOSING FROM MIDNIGHT TO 11:0() PM. VOTING AYE: Brunotte, Jesinski, McAllister, Miron, Stolt man Motion Carried. City Council meeting of August 5, 1991 Page 8 OMNI POOL (BUILDING INSPECTION As per Council direction, the City Building Inspector, State Fire Marshal, City Fire Marshal, County Health Department, and the State Electrical Inspector have conducted inspections of the Omni Pool building at 5118 130th Street, Hugo, MN. Copies of these reports were submitted to the Council for their review. In light of the number of violations cited, Council direction on the City's next course of action would be appropriate. Because of a time factor, this matter will be addressed at the Council meeting of August 19, 1991. EXECUTIVE SESSION McAllister made motion, Brunotte seconded, that the City Council qo into executive session to discuss pending litiqation (David Schumann). VOTING; AYE: Brunotte, Jesinski, Stolt man VOTING NAY: McAllister, Miron Motion Carried. After a brief recess to clear the Council chambers, the Council met in executive session. PRESENT: Brunotte, Jesinsk.i, McAllister, Miron, Stolt man, Administrator Huber, City Attorney Charles Johnson, Attorney Barbara Hatch, and City Clerlf Mary Ann Creager City Attorney Johnson reviewed the City Prosecutor's letter, the Attorney General's opinion, and the Consent Agreement and their relationship with the David Schumann litigation. Strategies were discussed, and the Council agreed to hire a replacement attorney for Richard Hocking to handle the civil prosecution of David Schumann. Barbara Hatch explained the insurance company's position regarding this litigation. Stolt man made motion, Miron seconded, to adjourn the executive session at 11:48 PM, and reconvene the regular meeting of the City Council. All ave. Motion Carried. McAllister made motion, Stolt man seconded, directing City Attorney Johnson to provide the names of three attorneys for consideration to represent the City of Hugo in the civil litigation versus David Schumann. The City Council does not feel that Mr. Richard Hock:inq has a conflict c --,-f interest, but it is in the best interest of the City to have another attorney handle this case. All ave. Motion Carried. McAllister made motion, Jesinsk::i meeting of the Huqo City Council appoint Mr. Hock:inq's replacement All aye. Motion Carried. seconded, to set an additional regular' for August 122, 1991, at 6:45 PM to in this case. City Council meeting of August 5, 1991 Page 9 Miron made motion, McAllister seconded, to adjourn at 11:55 PM. All aye. Motion Carried. Mary A Creager, City r�::