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HomeMy WebLinkAbout1990.07.02 CC MinutesMINUTES FOR THE CITY COUNCIL MEET I IVG OF JULY 2 1990. The meeting was called to order by Mayor George Atkinson at 7:00 PM. PRESENT: McAllister, Jesinski, Olson, Atkinson City Administrator, Ken Huber City Clerk, Mary Ann Creager ABSENT: Vail McAllister made motion, Jesinski seconded, to approve the minutes for the regular City Council meeting of June 18, 1990 as amended. All aye. Motion Carried. Olson made motion, Atkinson seconded, to approve the claims for July 1990 in the amount of $21,960.79. All aye. Motion Carried. MINING PERMIT (SCHUH/GOIFFON) Mr. Richard Schuh has made application to the City of Hugo for a Mining Permit to allow the removal of gravel and operation of a portable asphalt plant on the southwest corner of 147th Street and Irish Avenue (the SW 1/4 of the NW 1/4 of Section 20, T01, R21W, and the NW 1/4 of the SW 1/4 of Section 23, T31N, R21W all in the City of Hugo, Washington County, MN). The property consists of approximately 80 acres, and is currently being used for mining purposes. This permit is being sought pursuant to Ordinance 170 of the Hugo Municipal Code, which requires annual renewal. The City Council has indicated they wish to review this matter at a Council hearing on even -numbered years. In 1989, Mr. Schuh was cited for several violations of Item: #4 of the permit. The City has received the $6,000 letter of credit, the $25,000 bond, and the proof of insurance, all requirements of this permit. Mr. Schuh's current permit application expires July 5, 1990. (COUNCILMAN VAIL ARRIVED AT 7:08 PM.) Hearing no comment from the audience, the following motion was made: McAllister made motion, Jesinski seconded, to approve the application of Mr. Richard Schuh for a Mining Permit to allow for the removal of gravel. and the operation of a portable asphalt plant at the SW 1/4 of the NW 1/4 of Section 23, and the NW 1/4 of the SW 1/4 of Section 2.?, all in T31N, R21W, Washington County, MN. This Mining Permit will expire: on July 1, 1991, and is subject to compliance with all special conditions as stated in the permit. All ave. Motion Carried. FINAL PLAT (BIRCH TREE PONDS) Meri.la and Assoc., 7nr_.. have made application to the City of Hugo for plat approval for the subdivision of Birch Tree Fonds (aka Hugo Meadows South). The City Council granted preliminary plat approval for a 56.28 acre tract of land that would accommodate 100 single family residential lots at their meeting or February tip., 1990. The first phase of this development, which .1.s identified as Birch Tree Ponds, consists of 26 single a m z residential ).ot.._ a r., c, 2 outlots. City Council meeting of July 21 1990 Page developer to subdivide the entire tract in phases. The proposed development plan reflects installation of street, curb and gutter, municipal utilities, and storm sewer to serve the 26 lots. Storm water - drainage will be accommodated by utilization of the protected wetlands and the creation of on-site ponding. A letter of credit is being prepared and will be submitted to the City prior to the signing of the plat. The proposed development agreement has been accepted by the developer and will be signed upon approval of the plat. The Rice Creek: Watershed District Permit has been approved. The City staff has met with the DNR and has received a permit showing elevations and ditch profile. The final details on the site drainage plan were reviewed by the City engineer, and has been approved. This matter was tabled from the City Council meeting of June 18, 1990 pending receipt of the following information: 1. Permits from the DNR to be on file with the City. 2. 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. Councilman McAllister stated he is now satisfied that all the information he requested has now been provided. Atkinson made motion, Mail seconded, to approve the final plat of BIRCH TREE PONDS for the subdivision of 26 lots and two outlots for single family development. The property is identified as Outlot A, B & C of Hug Meadows, as platted and recorded, and is subject to the following special conditions: 1. The final plat must be recorded with Washington County within 60 days of plat approval or said action shall be null and void. 2. 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 plait has been recorded with Washington County, and utility/road improvements are substantially completed (see developer's agreement). 6. The required permits from the Rice Creek: Watershed District and DNR must be approved and submitted to the Citi: prior to the signing of the final plat. 7. All fees relating to this subdivision shall be paid by the applicant including the cost of recording documents. with Washington County. G. 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 st:.ormwater control, and utilities shall be installed at the developc_r expense: as per the developers agreement and approved pians.. �l shall. be contingent upon u compliance 1.�:';. Plat. appr`�,`.`: shall _ full 1 with the developer's agreement.. 11. No improvements, landscaping, or grading shall be permitted in de-i::.r:ed drainage areas wit':`out the express written authorization of they City _ d the approved watershed r9.a.str?_c t.. City Council meeting of July 2, 1990 Page _ 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 these drainage area.. 13. Developer shall deposit with the City $10,000 to cover legal, engineering, administrative, and other costs related to this development. 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. lb. 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. 19. 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 submitted and approved prior to final plat signing. 20. The developer shall secure a permit from the DNR establishing a ditch profile with elevations and provisions for future maintenance of the drainage area. 21. The developer is to provide a westerly roadway extension at the time of final plat approval of Phase 4. Future plat phasing must be consistent with the approved preliminary plat of February 5, 1990. 22. The lowest floor elevation of any structure in the plat shall not be below 932.5 feet mean sea level. i_EVELOPER'S-AGREEMENT" {BIRCH TREE PONDS) The City Council received a copy of the recommended Developer's Agreement betwe=en the City of Hugo and Merila and Associates regarding the development of the BIRCH TREE PONDS subdivision. McAllister made motion, Olson seconded, authorizing the Mayor to sign the Developer's Agreement on behalf of the City of Hugo. All. aye. Notion Carried. M I I', Q x,1.1 D I V I S I QN i MABLE HAUBL.E i Mable Hauble, Gerald Hauble, and Donald Hauble have made application to the City of Hugo for a minor subdivision, and waiver- of the formal platting requirements, for a. tract of land identified as the S .1/2 of the NW Iii of Section 32, T71N, R '1bl, Washington County, Minnesota. It is the int.ent of the applicants to subdivide the property in question into three parcels by certificate of survey: Parcel A consists of 46.3 acres, Parcel B •- 5 acres5 and Parcel C - 21.1 acres. There are currently residences City Council meeting of July 2, 1990 Page 4 located on Parcels A and B, and Mr. Donald Hauble has indicated that he will be applying for a building permit to construct a residence on Parcel C. All three parcels in question are to have direct access to 125th St. and meet dimension requirements. The lot sizes and locations have been layed out so as to accommodate the possible further subdivision of Parcels A and C. The applicants have been informed that any further subdivision of the site will require formal platting. The Planning Commission reviewed this request at their meeting of May 22, 1990, and recommended approval of the survey, and waiver of the formal platting requirements, subject to special conditions. At their meeting of June 4, 1990, the City Council acted to grant concept approval only for the preliminary survey for Mabel, Gerald, and Donald Haubles' request for a minor subdivision, and waiver of the formal platting requirements, subject to resolution of the road access issues and watershed district approval. Jesinski made motion, Vail seconded, to approve the final Certificate of Survey #7-2-90, and waiver of the formal platting requirements, as requested by Mable, Gerald, and Donald Hauble, to subdivide 46.3 acres into three parcels: Parcel A consisting of 46.3 acres, Parcel B - 5 acres, and Parcel C - 21.1 acres. The parcel to be divided is generally described as the S 112 of the Nig} 114 of Section 32, T31N, R21W, Washington County, MN. Approval is subject to the following special conditions: 1. All conditions of the survey approval must be met prior to the stamping of any deeds for recording by the City Clerk:, or issuance of. building permits, unless otherwise permitted by Council action. 2. Property lines on site must be idea tifed by the applicants to assure; proper setbacks when buildings are to be constructed, if required by the Building Inspector. 3. Proposed driveways and drainage areas in the development must include installation of a minimum 15" diameter corrugated metal culverts in a manner acceptable to the City. 4. Securing of the required permits from the RCWD is required prior to final survey approval. 5. All fees relating to this subdivision shall be paid by the applicants including the cost of recording documents with Washington County. 6. Percolation test must be submitted to the City prior to final survey approval. 7. Payment of the required fee in lieu of parkland dedication shall be made to the City in the amount of $175.00. S. All easements for site access, drainage, utilities Trust be conveyed to the City as required by the City Engineer. 9. All property owners shall be responsible for maintenance of drainage: easements within their property. 10. The developer shall comply with all requirements and restrictions applicable to identified wetlands. 1.1.. The developer agrees that lots abutting a cul-de-sac or termination turnarounds of streets shall be provided with adequate off-street parking such that the street could prohibit on-s.t.reet. parking if deemed necessary for safety or maintenance purposes. 1.2. No significant deviations from the approved preliminary survey shall be permitted unless reviewed by the Planning Commission prior to Council. approval. City Council meeting of July, 1990 Page 5 13. The owner shall permit access to the referenced site at reasonable: times for periodic inspections by the City Code Enforcement Officer- to assure conformance with the survey approval. 14. Any further subdivision of this property shall be by formal plat.. 15. The private easements shown on the survey are not to be construed as acceptable access to the land parcels identified. All aye, Motion Carried. LAW ENFORCEMENT SERVICES AGREEMENT The Washington County Sheriff's Office has submitted its police service contract to the City of Hugo for the 1990/91 fiscal year. The County is estimating the total cost for service during this period at $181,865.00. This reflects a 5.8% increase from the 1990 actual budget of $174,985.00. They are also estimating 100,000 miles on the police squad during the contract period. Captain McGlothlin has assured us that the contract language is the same as previous years; only salaries and the cost of operation have changed. McAllister made motion, Olson seconded, to approve the Law Enforcement Service Agreement for the 1990/91 year, and authorizing the Mayor to sign the agreement on behalf of the City of Hugo. All aye. Motion Carried. AUTHORIZE PURCHASE OF FACSIMILE The City staff is requesting Council authorization to spend up to $3,000 for the purchase of a facsimile machine for the City of Hugo. The City has experienced an increased demand by consultants, developers, and the City's engineer and attorney for the dissemination of information via fax machine. because of the turnaround time required when using the U.S. Post Office, often times deadlines cannot be met, and there are extensive delays in processing applications and preparing City agendas. Most governmental offices and pro -sessional consultants now use facsimile machines extensively, and we feel the demand has now reached the point where we can justify this expenditure. Atkinson made motion, Jesinski seconded, authorizing the purchase of at facsimile machine for the C?.t;:` of Hugo, not to exceed $3,000. All aye. Motion Carried. BUILDING PERMIT RE DUES TICAROL SCHUMnNN L The:; City received a letter from Carol Schumann asking what steps had to be taken to obtain a building permit to cap the burned building located on her property. Because of the guilty verdict for the recent litigation, the Council stated that no action will be taken on her request until after sentencing. City Council meeting of July 2, 1990 Page 6 UNSIGNED COMPLAI!QT The City received an unsigned complaint regarding an alleged illegal business being operated in Hugo. Because it is the City's policy to not respond to unsigned complaints, no action will be taken. STANEK LAWSUIT (STATUS)_ This Joseph Stanek litigation matter has been referred to the attorney for the City's insurance company. Atkinson made motion, Olson seconded, that in the event a compromise agreement or settlement could be reached, and access to Mr. Stanek's property provided, the City of Hugo would have no reason to retain the right-of-way in question. All aye. ROUND LAKE ADDITION (LETTER F CREDIT It was noted that the City Administrator presented the Round Lake Partners' letter of credit to the Lake Area Security Bank for collection to complete public improvements associated with this development, and the bank refused to honor the letter of credit. Atkinson made motion, Olson seconded, that the City staff is directed to take whatever legal action is necessary to collect on the Round Lake Partners, Ltd. letter of credit' All aye. Motion Carried. It was also noted that the City probably wouldn't be accepting any letters of credit from the Lake Area Security Bank in the future. At 8:00 PM, the City Council temporarily adjourned their meeting and called for the Hugo Planning Commission to review the site plan and request of Lake Country Wood Preserving to operate a wood -processing plant on a 25 acre industrial site located north of the Bald Eagle Industrial Park- At the June 18, 1990 City Council meeting, the questions and concerns raised were as follows: 1. Future of the railroad in Hugo to 145th Street. 2. Noise, hours of operation, and traffic volumes at the intersection of 130th Street and Highway 61. 3. The chemicals being used, as well as the process proposed for the treatment of wood' 4. On-site drainage and its impact on Bald Eagle Lake' 5. The ability to provide for fire protection on site. 6. Road improvements and utility extensions to serve the site. 7. Problems that have been experienced by other cities where similar facilities are currently in operation. City Council meeting of July 2, 1990 Page 7 At the conclusion of the public hearing, the developers responded to the questions and concerns raised at the hearing. The City staff recommended to the City Council that the request in question be tabled, and the processing of this application and request be placed on hold, until the following issues are adequately addressed to the satisfaction of the City attorney: 1. That the Harstad Companies have the legal authority to convey the 25 acres in question to Mr. A.J. Bumby. . That the Harstad Companies have the legal authority to convey to the City, and other appropriate governmental agencies, the required roadway, utility, and drainage easements. 3. That the owner and applicant for this development can be obligated by the Developer's Agreement to complete all the site improvements required as a part of site plan approval. 4. That a letter of credit, required as a condition of the Developer's Agreement, can be secured by the owner to assure completion of all on-site and off-site improvements required as part of site plan approval. b. That the applicants for this site plan approval are the appropriate parties to be handling this request. Atkinson made motion, Jesinsk:i seconded, to table the site plan applica- tion of Lake Country Wood Preserving until the Planning Commission's recommendation regarding this matter- is available, and the five legal que<.•_ itons are answered to the satisfaction of the Cite attorney. All aye, notion Carries!. Olson made motion, Jes.ins}ii seconded, to adjourn at 10: _'O PM. All aye. Motion Carried. ,.&� L� tolar ;jtHugo iCreager (A. i"