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HomeMy WebLinkAbout1990.06.18 CC MinutesMINUTES FOR THE CITY _COUNCIL MEETING OF JUNE Q,,_1290 The meeting was called to order by Mayor Atkinson at 7:00 PM. PRESENT: McAllister, Jesinsk:i, Olson, Vail, Atkinson City Administrator, Ken Huber City Attorney, Charles Johnson City Engineer, Howard Kuusisto City Clerk:, Mary Ann Creager Olson made motion, Vail seconded, to approve the minutes for the City Council meeting of June 4, 1990 as submitted. All ave. Motion Carried. Vail made motion, Jesinsk:i seconded, to approve the minutes for the Special Council meeting of June b, 1990 as submitted. All aye. Motion Carried. Jesk:inski made motion, Vail seconded, to approve the claims for June 18, 1990 in the amount of $16,718.89. All aye. Motion Carried. 3.2 PEER LICENSE (HUGO LIONS CLUB) Atkinson made motion, Vail seconded, to grant approval of an on -sale 3.2 beer license to the Hugo Lion=_. Club to sell alcoholic beverages during a softball tournament on July 14 and 15, 1990 at the City park. All ave. Motion Carried. CHARITABLE GAMBLING (SWANNY ' S OF HUGO ) Atkinson made motion, Olson seconded, that the City of Hugo has no objection to the issuance of a gambling license to the National Ataxia Foundation to sell pull tabs at Carpenter's, 14559 Forest Blvd., and waiver of the 60 day waiting period. All aye. Motion Carried. CHARITABLE GAMBLING JW I L.LY ' S 61 CLUB i . Atkinson made motion, Olson seconded, that the City of Hugo has no objection to the issuance of a gambling license to the Original Boosters to operate bingo at Willy's 61 Club, 17285 Forest Blvd., and waiver of t._! -e 60 days waiting period. All aye. Motion Carried. CIF' PROJECT ASSESSMENT HFAF,;ING At the May 7, 1.990 regular- meeting of the Hugo City Council, action was taken approving the assessment rolls for the City's CIP Phase 1. Public.: Improvement Project. Sever -al parcels to be assessed were withdrawn from the assessment rolls= as a result of concerns raised by affected pr "peri'.'.' City Council meeting_ of June 18, .1.94--1 Page 2 owners with regard to the computation of the assessments. The City staff, along with the City Engineer, reviewed the concerns raised by affected property owners, and visited the sites in question. The five parcels removed from the original proposed assessment rolls are owned by Sophie Arcand, Theodora Peltier, and Fred Hummel. In reviewing the concerns raised by Mr. Howard Arcand at the May 7th meeting, it should be noted that none of the Arcand property south of 100th Street was included on the assessment rolls. 2145 feet of frontage on the road south of 100th Street was declared unbuildable and not assessed. The only property owned by Mrs. Sophie Arcand that was assessed was that portion north of 130th Street. Mr. Fred Hummel felt that his assessments were incorrectly computed based on the City's formula for assessing a corner lot. The City had previously computed 790 lineal feet of Mr. Hummel's property as assessable. In reviewing this request, it was noted that the footage was not computed correctly so the lineal footage affected, based on the City's policy, was reduced to 510 lineal feet. Mrs. Theodora Peltier questioned the City's judgement on assessing 175 feet of her property on Goodview Avenue south of 130th. It should be noted that approximately 1190 lineal feet of Mrs. Peltier's property was declared unbuildable; however, the extreme southerly 175' was determined to be buildable by the City Engineer. There are no changes proposed regarding this request. Notices have been sent to the affected property owners indicating the amount of the assessments being recommended to the City Council by the staff, and the required resolution has been prepared for certification to the county. Both Mr. Hummel and Mrs. Peltier have notified the City of their intent to appeal these assessments pursuant to Chapter 49 of the Public Improvement Code. All property owners affected have beennnobtffeddiln writing, and at the May 7, 1990 City Council meeting of their-' right to file written or oral objections and that no appeal may be taken as to the amount of an assessment unless a signed, written objection is filed with the Clerk prior to the hearing or presented to the presiding officer at the hearing. McAllister made motion, 'Jail seconded, to adopt RESOLUTION 1990-17 RESOLUTION ADOPTING ASSESSMENTS FOR C I P PROJECT PHASE 1 #5-2-99(9). VOTING AYE: Vail., Olson, Jesinski, McAllister, Atkinson VOTING NAY: None Notion on Carried . RES5LUTION AUTHORIZING—REDEVELOPMENT PROJECT AND PLAN As per Council direction, the City's financial consultants (furan €< Moody) have completed the necessary resolutions approving the City's Redevelopment Plan, as well as authorization to enter into an Installment. Purchase Contract for the purpose of acquiring Rice Lake Park:. This action by the Citi, Council is being taken pursuant. to Minnesota StatuteE--- 469.001 to 469.047. The resolution authorizes the sale of $245,000 in public- project revenue bonds. The city administrator is designated to ac' - on behalf of the City as the authorized City representative as defined in the contract. Upon acquisition of the park by the C':it:.•.;, the City will then quit claim ownership of the property to the Housing Authority until such; time that the bands are paid off. The City has the full authority to City Council meeting of June 18, 1990 Page _ use the property acquired for the public purposes previously identified. The public hearing on this matter, scheduled for this evening, is to secure public input regarding the City's entering into these transactions. Mr. Steve Mattson, representing Juran Moody, was present to explain the Installment Contract, and answer any questions. The following questions were raised by residents in attendance: Margaret Roust- asked from whom the City was purchasing the property, and who would be responsible for cleaning any lead left on the property. David Schumann inquired about the cost to purchase the property, and the amount of the bond sale. Teddy Peltier asked if the money was to be used from parkland dedications from subdivisions, and Wally Stoltzman inquired as to the value of the building located on the property. Atkinson made motion, Olson seconded, to adopt RESOLUTION 1990-18 A RESOLUTION AUTHORIZING THE WASHINGTON COUNTY HOUSING AND REDEVELOPMENT AUTHORITY TO UNDERTAKE A REDEVELOPMENT PROJECT WITHIN THE CITY OF HUGO AUTHORIZING THE EXECUTION AND DELIVERY OF A QUIT -CLAIM DEED AND INSTALLMENT PURCHASE CONTRACT AND APPROVING THE REDEVELOPMENT PROJECT AND REDEVELOPMENT FLAN. VOTING AYE: McAllister-, Jesinski, Olson, Vail, Atkinson VOTING NAY: None Motion Carried. VARIANCE REQUEST TEST - GARAGE SIZE (G & H JOU I LDERS ) On behalf of G & H Builders, Mr. Paul Husnik has made application to the City of Hugo for a variance to construct an 800 sq. ft. attached garage on Lot 4, Block 1, Bald Eagle Estates. The property is zoned SFE and contains approximately one acre. This request is consistent with the City Council policy regarding oversized garages in residential. areas. The garage is to be used for residential purposes only. Atkinson made motion, Vail seconded, to approve the variance request of t: & H Builders for the construction of an 800 square fe_+ot attached garage on Lot 4, Block 1, Bald Eagle Estates. The garage is tate be used for residential purposes only. Motion Carried. VARIANCE REwGgEST - GF;RAGE LOCATION (LA CASSE-,' Charles and Robyn LaCasse have made application to the Citta' of Hugo for a variance to construct a detached garage in front of their home located at.: 13905 Elmcrest_ Ave. No. (aka the northerly 330 ft.. of this 660 ft, of the N 112 of the NW 1i4, Section 30, T31, R21W). The structure proposed will be located 250 ft.. from E.lmcrest Ave. The City Code: Enforcement Off:i.cer has reviewed this request and, in his opinion, the proposed location is the most feasible for the garage on the site. The property is zoned agricultural and consists of approximately 1 '.5 acres. City Council meeting of June 18, 1?90 Page 4 McAllister made motion, Vail seconded, to approve the variance request of Charlie and Robyn LaCasse for the construction of a detached garage 250 feet from Elmcrest Avenue. The proposed garage is to be used for residential purposes only. All aye. Motion Carried. FINAL FLAT - BIRCH TREE PONDS Councilman McAllister did not feel all the requested information had been provided by Merila and Associates. It was his opinion that Mr. John Johnson, engineer for Merica, was to have provided a base map showing only ditches and elevations for the development. Also, the City was to have in hand the permit from the DNR. Atkinson made motion, Vail seconded, that the final plat of BIRCH TREE FONDS, as submitted by Merila and Associates, be approved subject to special conditions. VOTING AYE: Vail, Atkinson VOTING PLAY: McAllister, Jesinski, Olson Motion Failed. Atkinson made motion, McAllister seconded, to table final plat approval and the Developer's Agreement for BIRCH TREE FONDS subject to the following information being submitted: 1. Permits from the DNF:; must be on file with the City. .^_. A base map of the site showing only the ditch system and elevations. 3. Completion of the drainage system: and/or financial security to guarantee completion of the entire ponding and drainage system. All aye. Motion Carried. INDUSTRIA!_. SITE PLAN RE:' ? I Eta! - L..AKE COUNTRY WBOD PRESERVING Mr. A. J. RUmby and Mr. Keith Harstad have made application to the City of Hugo for a site plan approval to develop a. 2acre tract of land zoned industrial for the purpose of operating a CCA Wood Fixation Plantc The property in question is located west of Highway 61 and north of the Bald Eagle_ Industrial Park:. Wood treatment facilities are a permitted use under- the limited manufacturing classification in industrial zones. The proposed grading, drainage, and utility plan for this development reflects the improvements proposed for the site. It is the intent of the developer to extend and improve Farnham Ave. to the north to serve the site in question. Sanitary sewer will be installed to serve the shop and office area. The developers have agreed to coney to the City a 60 ft. read easement for the extension of Falcon Ave. No. and Farnham Ave. as shown o the proposed site plan. The future road alignment, as proposed, is being reviewed by the city engineer for his recommendation. The site will be served by a railroad spur coming in a southerly direction from -the:, ditch s.1.st Burlington Northern !eY"r-! 1-:c7a...r'Oa tracks. The drainage _ , and holding pond, as identified - site plan, ,i rare currently br''.ing reviewed ieii•weic't _ idc-_ni.if-�Qd �lr: chl-. .._a.t•c�:: _ City Council meeting of June 18, 1990 Page b by the price Creek Watershed District. The road extensions shown on the site plan were laid out so as to avoid crossing the railroad spur encroachment into the protected wetlands and to provide future access to the industrial and residential areas north of the site in question. The developers are proposing to screen the entire boundary of the site with an eight foot high treated wood fence. The site will be served with water by an on-site well approximately 190' deep, with a b" steel casing and a 10' long Johnson stainless steel well screen. The pump will be capable of generating 50 gallons per minute at 70 lbs. per sq. inch pressure. The bankruptcy judge for the Harstad Company has informed us that the sale of this property to Mr. A. J. Bumby will be subject to approval by the bankruptcy court. The following permits are required of the applicant by the appropriate agencies: 1. Well permits from the State Department of Health. ?. Water appropriation permit from the DNR. _. Drainage permits from the Rice Creek Watershed District. 4. Hazardous waste generator permit from the Environmental Protection Agency. 5. Hazardous waste generator permit from the Washington County Dept. of Health. 6. Sanitary sewer extension permit from the State Dept. of Health./ 7. Construction permits from the City. It. is the company'5 intent to heat the building and operate the boilers with natural gas and/or diesel fuel. All emissions from the site are subject to FCA emission regulations. It was suggested that an Environmental Assessment Worksheet be prepared for this development; however, it was pointed out that based on new criteria, the application in question may not meet the threshold requirements for mandating an EAW. The business in question is anticipated to employ 30 full-time employees and .25 seasonal employees. Lumber will be brought to the site primarily by rail and will leave the site primarily by truck:. The anticipated traffic flow to and from the site by employees and trucking is 140 to 146 trips per day. Pursuant to Minnesota Statutes 462.158, Subd. 4B, the site does not require formal subdivision approval. The applicants have r indicated they will consent to a Developer's Agreement to accommodate the extension of public utilities and streets to serve the site. The site will be used for the pressure t.reatment of lumber, plywood, timbers, pole=s and other wood products with a water -borne preservative, chromated copper No other chemical preservatives will be used within the plant or on site. The proposed facility will utilize a good -treating process to be: installed in a frilly integrated, closed system in which the application, receipt, transfer, and storage of preservative chemicals takes place within a contained system, which minimizes the potential for worker contact and exposure to preservatives and the potential for discharges of preservative chemicals to the environment_ No drip pads are, to be used on site. The treatment process takes place within pressure chambers e_.ltili.2il;g a 98% water, 2,, chemical sollt'cican. The applicants havc:::' indicated that the proposal. in question is a "state of the art." operation r which 1..C°� CF..:'sa.��ne in anticipation CST new standards COfflinl='► C+l_ti= by t..E-!t_' Pl.,f-i and EPA,. They have assured th-te City thrat creosote or pentaa will nr._+t to be used in this facility now or at any time in the future. The c..it,, staff city engineer, and RCWD representatives met. with the ap�:�1.ic:ant o;; �a.nc: y 12 to discuss items of mutual concern. . City Council meeting of ,lune 1.8, 1991 Page b City Engineer, Howard Kuusisto, then reviewed his engineering report, in detail, with the City Council. Following the staff reports, Councilman McAllister stated that because of the many questions raised by the staff- and taffand City consultants, it would be unlikely that any decision would be made by the City Council this evening, and that he would like to see this matter referred to the Planning Commission for review before a final Council decision is made. Mayor Atkinson then called on the developers to make their presentation. On behalf of Lake Country Wood Preserving, Mr. Ken Briggs then made a formal presentation reviewing the site plan and the intentions of the developer with; regard to bringing this business to the City of Hugo. Mr. Briggs referenced the additional tax base that would be brought to the community as well as approximately 30 full-time and 25 part-time jobs. Mr. Briggs also explained the plan for utility extensions as well as road improvements on site. He also stated that the developer and property owner are willing to convey to the City the necessary right-of-way for the future extension of Falcon Avenue and Farnham Avenue. After a lengthy presentation, Mr. Briggs then introduced Mr. Jerry Lathan who is to make a formal presentation regarding the process used with a CCA wood fixation plant. Mr. Lathan then made a detailed presentation to the audience and the Council with regard to the chemicals being used, the process for affixing these chemicals to the wood, and safety measures that are going to be taken to deal with the toxic chemicals involved in this process. After a lengthy presentation, Mayor Atkinson then opened the meeting up to questions by the audience. Questions and comments raised were as follows: 1. Will there be any hydrological testing of the aquifer that provides well water in this area? 2. What will be the operational capacity of this facility, and what is its expansion potential? 3. What is the difference between hazardous waste and toxic waste? 4. What is the fire retardant? 5. What is planned for future development of the property south and west of the site in question? 6. What is the status of the Burlington Northern Railroad trackage in the proximity of 125th; Street and 130th Street? Is this trackage scheduled for removal? i'. Why did the developers select Hugo as the location for this facility'? S. What kind of residual can be washed cuff the lumber by normal rain fall that could mix with surface -water drainage? 9. Will the facility in question be {-WPB approved? 10. What would happen if there was fire on site, and the wood piles burned? 11. Is there a toxic residue in the ash that would remain? 12. Has this type of project been proposed elsewhere? 13. Was the potential of chemicals getting from the site to Bald Eagle Lake? 4. if the chemical in question is not considered hazardous, why are the developers treating as such? 15. Where are wastes from this site disposed? 1.t. What is the functional purpose of the ponding area shorn on the _it:e::, p1.anri 17. What will be hours of operation of this plant, and can the City im t the size of this operation and t'.he hours in .Mich it can operate? City Council meeting of June 18, 1990 Page 7 18. Is there a way the developer can guarantee limits on shipping, the use of well water, and the impact of the chemicals used, on the surrounding environment? 19. What kind of impact will this industry have on other types of industries that might want to come to this community? 20. Is the City proposing to provide any kind of financial assistance to the developer? Other comments from the audience involved statements to the effect that an Environmental Assessment Worksheet petition would be submitted, and one individual stated that he was glad that businesses were showing an interest in Hugo, and couldn't see why Hugo shouldn't be considered as a potential site for additional tax base and jobs. Councilman McAllister stated that information has been provided by the developers which implied that the process being used here, as well as the chemicals, were relatively safe, and the likelihood of pollution to the environment was negligible. He also stated that information was provided indicating that toxic waste would be used, and there was a real potential for pollution and problems. Because of the complexity of this issue, he suggested that the developers be required to finance an independent consultant to review this proposal and said consultant provide the City Council with some objective, neutral recommendations. He stated that the consultant should be chosen by the City staff, and we rely on the City Administrator and City Engineer to choose someone qualified in this area. Mayor- Atkinson then requested that the developers prepare a response to the questions raised by the City Engineer, City Council, and audience this evening. In unanimous consent of the City Council, this matter was tabled to a joint meeting of the City Council and Planning Commission on July 25 1990 at. 8e00 PM, Hugo City Hall Council chambers. ROADN' BR I DGE MA I NTENA E tUF MEt,IT The county has submitted its annual Road and Bridge Maintenance Agreement for consideration by the City of Hugo. The agreement is substantially the same as previous agreements with the exception of the change in labor and equipment rates. A comparison of wage and equipment rates was prepared by the City Finance Director. If the City Council wishes to extend its agreement with the Washington County Public Works Department for road and bridge maintenance, the City staff recommends Council authorization for - the Mayor to enter into this agreement on behalf of the City. McAllister made motion, 'Jail seconded, authorizing the Mayor and City Clerk to sign the 1990-91 Road and Fridge Maintenance Agreement with Washington County, on behalf of the City of Hugo. All aye. Motion Carried. AUTHOF' l' I WY%q ENG I NEER I PJC F:EPOF:T In recent months, the City staff has been contacted by numerous__ developer=_:. indicating are interest in developing laced in or neer the City's Municipal. Urban Service Area. Most interest has been =.t;own in the area on both ides of Highway 61. ``fr-t.'m 145th St. south to 130th St. Without a i::;:l.an for future roadways or utility extensions, it is '`.'t'ry difficult for the t.ifis City Council meeting of June 19, 1990 Page c9 to address land development requests. Because of limited roadways, the railroad tracks, and protected wetlands within the MUSA, the planning for public improvements is made more difficult. Most developers do not want to look at an overall plan for the area, but are desirous of dealing with development on a piece -meal basis. If development interest continues, the developers will be dictating the type and location of utilities and other improvements as opposed to the City planning for its future needs. The City staff is requesting that the City Council authorize the city engineer to proceed with the preparation of a preliminary guide plan addressing the need for and location of utility lines, water- storage facility as well as possible future road alignments to serve the undeveloped areas in and adjacent to the MUSA. Atkinson made motion, Jesinsti seconded, that the City Council authorizes the City Engineer to proceed with the preparation of a preliminary guide plan addressing the need for and location of utility lines, water storage facility, and possible future road alignments to serve the undeveloped areas in and adjacent to the MUSA. All aye. Motion Carried. ACCEPT MUNICIPAL AUDI T Several weeks ago, the City Council received copies of the annual municipal audit as prepared by Pannell, Kerr, Forster for the 1929 fiscal year. This audit has been reviewed by the City Finance Director. Some members of the City Council have contacted the City Finance Director for clarification of various items in the audit. If you have any specific questions, please contact the City staff for clarification. The City Finance Director is recommending Council acceptance of the municipal audit for the 1989 fiscal. year. Atkinson made motion, Olson seconded, that the City Council accepts the municipal audit for the 1989 fiscal year as prepared by Pannell, Kerr, Forster. All aye. Motion Carried. FIRE FIGHTER RESIGNATION Mr. Mike Ferguson has submitted his resignation from the City's volunteer fire department effective .lune 1, 1990. Mr. Ferguson cites an irregular work schedule and the need to care for his small children as his reasons for resigning from the department. Atkinson made motion, Vail seconded, to accept the resignation of Mike Ferguson 'fro;r': the City's volunteer Fire Department effective mune 19 1990. All aye. Motion Carried. BEPUEST FOR PARK USE (a. MARIER), he City Council's 1. request,t1r- e. .!��.- made a written c.�r..: ...i ._ ...� ''il l ... . �'.�.. ;1: rli:.tr a. p.. has i"'E'ql_est to ut'.1.11.ze t':.f'Ie City ball fields north of City rill for a 20-i::.earrf men's and women's softb--_'.11 tournament. The t:.ourfia^gent'.: will take place on City Council meeting of June 9, 199(? Page 9 July 1.3, 14, 155 1990. Games will be scheduled from 6:30PM Friday and conclude approximately 3:30PM. Games will resume Saturday at 9:00 AM to 7:.30 PM each day. Beer, food, and other refreshments will be served by the Hugo Lions Club from their concession stand. Atkinson made motion, McAllister seconded, authorizing exclusive use of the City's ball fields for a 20 -team men's and women's softball tournament•. on July 13, 14, 15, 1990, from 6:30 PM to approximately 8:30 PM on Friday, and 8:00 AM to 7:30 PM on Saturday and Sunday. Approval is subject to the following special conditions: 1. On -street parking on Fitzgerald Avenue and 147th Street be such that All aye. Motion Carried. Va.i.l made motion, Olson seconded, to adjourn at 10:1.3 PM. All aye. Motion Carried. Mary ,n reager, Cit;: Ci - . it does not disrupt the two-way flow of traffic on the said streets. 2. Activities on the fields shall not begin before 7:00 AM and must be concluded no later than 10:00 PM each day. 3. No overnight camping be permitted in the park:. 4. No glass beverage containers be permitted in the park. 5. At the conclusion of the tournament, or no later than 12:00 noon on July 16, 1990, all trash, rubbish, and other debris in the park: shall be removed and properly disposed of so as to leave the pari:: in a clear, and safe condition. 6. 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. Va.i.l made motion, Olson seconded, to adjourn at 10:1.3 PM. All aye. Motion Carried. Mary ,n reager, Cit;: Ci - .