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HomeMy WebLinkAbout1989.01.17 CC MinutesMINUTES FO R THE CITY COUNCIL MEETING OF JANUARY 17 1984. The regular 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 Consulting Attorney, Mark Ayotte Vail made motion, Olson seconded, to approve the City Council minutes for - January 3, 1989 as submitted. All aye. Motion Carried. Olson made motion, Vail seconded, to approve the General Claims for January 17, 189 in the amount of $23,506.64. All aye. Motion Carried. Vail made motion, Jesinsk:i seconded, to approve the Utility Claims for January 17, 1989 in the amount of $379.76. All aye. Motion Carried. ITABLE GAMBLING - MINNESOTA WATERFOWL ASSOCIATION Atkinson made motion, Vail seconded, stating that the City of Hugo has no objection to the issuance of a Gambling License to the Minnesota Waterfowl Association for the operation of pull tabs at Willy's 61 Club, and waives the btu day waiting period. All aye. Motion Carried. CABLE TV PUBLIC HEARING As per Council direction, the city's consulting attorney, Mark: Ayotte, has prepared a draft request for proposals for cable TV service. Of particular interest to the Council would be Page 3 of the request which outlines the timetable, and Page 14 which lists the priorities for selection of the company that will serve the city. Both companies who have indicated an interest in the City of Hugo Have extended their- cable TV lines to the city's corporate limits, and can serve the city with their existing system. The two companies in question both provide a proven service to other communities; however, they will probably be different with regard to the features of the services they will propose for the City of Hugo. It is important we establish our selection priority, and we are in agreement on our primary service area.:. A NOTICE OF PUBLIC HEARING has appeared in the Forest Lake Times as required. Mr. Ayotte was present at the meeting and reviewed the RFP with the Council. Mayor Atkinson called for public input on the Request for Proposals at 7:00 PM. There was no one present at the public hearing, or were written comments submitted, regarding this matter. City Council meeting of January 17, 1989 Page Vail made motion, McAllister seconded, to adopt RESOLUTION 89-2, RESOLUTION ADOPTING A REQUEST FOR PROPOSALS FOR A CABLE COMMUNICATIONS SYSTEM FOR THE CITY OF HUGO. VOTING AYE: McAllister, Jesinsk:i, Olson, Vail, Atkinson VOTING NAY: NONE Motion Carried. McAllister made motion, Jesinsk:i seconded, to schedule a special meeting of the Hugo City Council for Thursday, February 23, 1989, at 7:00 PM, for the purpose of holding a public hearing for consideration of proposals submitted for a cable communications system in the City of Hugo. All aye. Motion Carried. MINOR SUND (R. POTTSMITH) Richard and Harriet Pottsmith have made application to the City of Hugo for the subdivision of a 40 acre tract of land into two 20 acre parcels in a Conservancy district. Currently there is a home located on Parcel A of the survey. The applicants have requested waiver of the formal platting requirements for survey approval. Parcel B of the proposed survey is located in Floodplain Zone A (100 year flood) as per the city's Flood Insurance Map. Hardwood Creek: runs in a north/south direction through all of Parcel B in this proposed subdivision. Throughout the review process, city staff has been concerned with regard to an acceptable building location on site as well as the ability to provide an on --site =ewer system in this area. The DNR has indicated that they have no problem with this proposal, and RCWD has issued a permit and established minimum floor elevation for buildings at 914 feet. In reviewing the site percolation test, and the preliminary survey provided, it would appear that the location for the proposed on-site sewer system is not within the buildable area of the site. Mr. Pottsmith has informed the city that the map accompanying the percolation report is incorrect, and that the pert holes are actually within the buildable area as shown on the survey. The: Planning Commisson reviewed this request at their November 22, 1988 meeting, and recommended approval of the survey, and waiver of the formal platting requirements, subject to special. conditions. McAllister made motion, Vail seconded, to approve the final certificate of survey #1-17-89(A) for Richard and Harriet Pottsmith, waiver of the formal. platting procedure, for the following described property: The !•a1= 1/4 of the NE 1/4 of Section 7, T31N, R21.W, Washington County, Minnesota. Approval is subject to the following conditions: 1. All fees relating to the subdivision shall be pairs by the applicant including the cost of recording documents with Washington County. 2. Developer pity fee in lieu of parkland dedication at the time of final survey approval in the amount of `l;550.00. 2. A drainage plan including holding ponds and ditches- must be approved by the watershed district and maintained by the property owner with the method of maintenance:; to be reviewed by the city engineer. City Council meeting of January 17, 1989 Page .. 4. Mailbox locations shall be approved by the United States Postal service. 5. Developer shall install one tree per lot of a minimal size within the subdivision development as per city regulations. 6. Approved driveways or drainage ways must include the installation of a minimum 15" diameter, corrugated metal culvert acceptable to the city if required by the city building inspector. 7. The developer shall secure Rice Creek Watershed District and DNR approval of their on-site drainage plan and acceptable building floor elevations established prior to approval of the final survey by the City Council. S. Perc test information must be provided for the proposed location of future residence on parcel B prior to any deed approvals. 9. Lot lines within the subdivision must be staked and identifiable to determine proper building setbacks if required by the building inspector. 10. Applicant provide topographic map with contours for the site. 11. The minimum floor elevation of any structure on site shall be established at 914 feet. 12. The on-site sewer system be designed to serve the site in question as per city policy and ordinances at the time of building permit issuance. 13. Building construction on Parcel B shall be preceeded by a Special Use Permit. All aye. Motion Carried. MINOR SURD (D. VALENTO) Don and Janet Valento have made application to the City of Hugo for the subdivision of a tract of land located north of County Road 8, between Elmcrest Avenue and Everton Avenue, in the City of Hugo. The property in question is located in the S 1/2 of Section 18, T.31N, R2.1W, Washington County, Minnesota. The Hugo Planning Commission held a public hearing on this request on November 22, 1988, at which time this matter was tabled pending the submittal of additional information regarding the location of Everton Avenue. Mr. Valento submitted a revised preliminary survey identifying three tracts of land which shows the relationship of Everton Avenue to Tracts B and C of the proposed survey. Mr. Dave Torgersoii, representing Milner Carley, indicates that when they surveyed the exact location of the roadway in existence, it shows that Everton Avenue abutts on both Tracts B and C of the proposed survey. Mr. Valento informed the Planning Commission that he intends to remove the 17' x 26' shed from Tract. A which is located within 8' of the north property line of proposed Tract A. At the public hearing conducted by the Planning Commission, residents adjacent to the site appeared and indicated their concern with regard to placement of Everton Avenue as it affects their property and the Valento property. Mr. Leroy Peltier insisted that the misting roadway does not abutt Mr. Valento's property. The objectors to this subdivision felt that the survey they had conflicts with the survey prepared by Milner Carley. The Planning Commission did not feel that the survey necessarily conflicted as Mr. Pel tier's survey only shows the approximate centerline /D City Council meeting of January 17, 1989 Page 4 of the roadway where the applicant's survey shows the precise location o the existing roadway. Mr. Valento agreed to wait until the January 17, 1989 Council meeting for review of this request allowing area residents t. check their survey with a registered surveyor to determine if there is a conflict in roadway location. The Planning Commission recommended approval of the subdivision of land and waiver of the formal platting requirement as reflected in the survey. City Engineer, Howard Kuusisto, gave a history of the Everton Avenue road improvement. Jim Leroux, 4360 165th Street, addressed the Council, and suggested that they not use the piece -meal approach to secure right-of-way for Everton Avenue, and that the city acquire all of the right-of-way from the Valento property south to County Road 8. Leroy Peltier presented a survey, prepared by Hult and Associates, which indicated there was an approximate 2' strip of land between most of Parcel C of Mr. Valento's survey and existing Everton Avenue. He stated he had no objection to Mr. Valento's subdivision, but didn't want Mr. Valento or future property owners crossing his mother's land to get to their home or building site. Mr. Valento agreed to locate the driveway to Parcel C where said tract abutts on Everton Avenue. He also agreed to give the city whatever easements are necessary for future road improvements, and a temporary easement for a turn -around until such time as Everton Avenue is extended to the north. McAllister made motion, Jesinski, to approve the final certicate of survey #1-17-89(B) for Don and Janet Valento, waiver of the formal platting procedure, for the following described property: The S 1/2 of the NE 114 of the Stat 1/4 and the N 1/2 of the S 1/2 of the SW 1/4, Section 18, T.31N, R21W, Washington County, Minnesota. Approval is subject to the followinc special. conditions: 1. All fees relating to the subdivision shall be paid by the applicant including the cost of recording documents with Washington County. 2. Developer pay fee in lieu of parkland dedication at the time of final survey approval. 3. A drainage plan including holding ponds and ditches must be approved by the watershed district and maintained by the property owner with the method of maintenance to be reviewed by the city engineer. 4. Mailbox locations shall be approved by the United States Postal Service. 5. Developer shall install one tree per lot of a minimal size within the subdivision development as per city regulations. 6. Approved driveways or drainageways, must include the installation of a minimum 15" diameter, corrugated metal culvert acceptable to the city if required by the city building inspector. 7. The developer shall secure Rice Creek: Watershed district approval of their on site drainage plan prior to approval of the final survey by the city council. S. Percolation tests must be completed an each of the buildable lots and must be submitted to the city for review prior to final survey approval. 9. Lot lines within the subdivision most be identified to determine proper !:-wilding setbacks if required by the building inspector. 10. The 16' X 26' shed located on the north border of Tract= A be remove(I prior- to the stamping of any deeds for conveyance_ of Tract A. 11 City Council meeting of January 17, 1989 Page 5 11. Mr. Valento shall deed to the City of Hugo the easterly 33' of Tracts B and C and the westerly of Tract A and the residual lot north of Tract A for right-of-way purposes. 12. The Rice Creek Watershed District shall establish the proper building elevations for residential construction in Tracts B and C of this survey. 13. The primary access to Tract "C" identified on this survey shall be directly from a public roadway at the southeast corner of said Tract "C". 14. This certificate of survey approval is subject to compliance with the above listed conditions, and the existing roadway shown on the survey being in the exact location identified by the surveyor. All aye. Motion Carried. PRELIMINARY PLAT (ASPEN DEVELOPMENT) The Aspen Investment Company, on behalf of Ethelyn VanBeek:, has made application the City of Hugo for the subdivision of a 69 tract of land into 10 residential lots. The property in question is located off of Irish Avenue, north of County Road 10, and northwest of Long Lake. Lots proposed range from 5.2 acres to 6.2 acres in size. The property is zoned RR2, and the applicant is requesting waiver of the subdivision requirement for length of cul-de-sac and the installation of curb and gutter. The property is located in the SW 1/4 of the NE 1/4 and the SE 1/4 of the NW 1/4 of Section 35, T31N, R21W. The lots appear to meet the minimum lot size, lot width, and building setbacks. The Hugo Planning Commission held a public hearing on October 26, 1988, at which time the Planning Commission recommended approval of the preliminary plat of Countryview Acres, subject to special conditions. Residents in the vicinity of the site indicated their concerns regarding the location of the proposed roadway at its ,intersection with; Irish Avenue. A question was also raised regarding whether or not the roadway could provide access to the property on the north where it is adjacent to said property. The plans submitted by the applicant were revised to reflect the approved drainage plan and roadway construction to provide for eventual extension of the roadway to the north. Although percolation tests for the site have not been completed as of this date, the applicants have indicated said tests will. be submitted to the city prior to final plat review. The Planning Commission also indicated no objections to waiving the requirement for curb and gutter except in areas where the curbing is necessary to accommodate drainage on site. The Hugo Planning_ Commission recommended approval of this subdivision subject to special conditions. McAllister made motion, Olson seconded, to approve the preliminary survey for Aspen Investment. Company, on behalf of Etheiyn Van Beek, for the subdivision of a 69 tract of land into 10 residential lots to be known ass COUNTRY VIEW ACRES, and approval of two variances - one to exceed length of 600' cul-de-sac and the waiver of requirement for installation of curb and gutter. The property is located in the SW 1/4 of the NE 1/4 and the SE 1/4 of the NW 1/4 of Section 35, T31N, R21W, Washington County, Minne'_sota. The preliminary survey is subject to the 1'(:711ol^1_ing conditions: iA., City Council meeting of January 17, 1989 Page 6 1. The final plat be submitted to the City Council within 90 days of the Commission's recommendation, and the revised plat incorporate the recommendations of the staff, Rice Creek Watershed District, and othe governmental agencies. ^. The final plat will not be submitted to the Council until all legal, engineering, and staff recommendations have been incorporated into the plat. 3. All fees relating to the subdivision shall be paid by the applicant including the cost of recording documents with Washington County. 4. Developer pay fee in lieu of parkland dedication at the time of final plat approval. 5. All street improvements shall be installed as per city design requirements and the cost of all on site improvements be borne by the developer. 6. A drainage plan including holding ponds and ditches must be approved by the watershed district and maintained by the property owner with the method of maintenance to be reviewed by the city engineer. 7. Internal roadway system shall be of bituminous surfacing with installation of curbing and approved stormwater drainage. 8. All interior roadway signs shall be paid for by the developer. 9. Mailbox locations shall be approved by the United States postal 14. Developer shall install one tree per lot of a minimal size within the subdivision development as per city regulations. 15. Approved driveways or drainage ways must include the installation of :.a minimum 15" diameter corrugated metal culvert acceptable to the city if required by the city building inspector. 16. All applicable conditions of the preliminary plat and development agreement must be met prior to approval of the final plat by the city council. 17. The developer shall secure Rice Creek: Watershed District approval of their on site drainage, erosion control plan prior to preliminary plat submittal to the city council. 18. The developer- shall eater into a Developer's Agrr_ement with the Cit;, of Hugo as required for a development of this nature. The developer shall deposit with the city cash or a letter of credit equal. to 12"5is of the cost of installing bituminous roadway to service this subdivision. service. 10. All development adjacent to the Long Lake shoreline shall be subject to the city's shoreland regulations. 11. Developer shall deposit with the city, a check: in the amount of $5,0007 to cover the costs of engineering, legal, and administration. Developer shall pay any cost incurred, and the city shall reimburse the developer any remaining funds to cover the staff review. 12. The developer shall reimburse the city for costs incurred for engineering inspection incurred during the course of roadway construction. 10. Restrictive covenants shall address maintenance and activities in the wetland area. Restrictive covenants shall also prohibit the construction of fences, buildings, or other vegetation in the wetlands. 14. Developer shall install one tree per lot of a minimal size within the subdivision development as per city regulations. 15. Approved driveways or drainage ways must include the installation of :.a minimum 15" diameter corrugated metal culvert acceptable to the city if required by the city building inspector. 16. All applicable conditions of the preliminary plat and development agreement must be met prior to approval of the final plat by the city council. 17. The developer shall secure Rice Creek: Watershed District approval of their on site drainage, erosion control plan prior to preliminary plat submittal to the city council. 18. The developer- shall eater into a Developer's Agrr_ement with the Cit;, of Hugo as required for a development of this nature. The developer shall deposit with the city cash or a letter of credit equal. to 12"5is of the cost of installing bituminous roadway to service this subdivision. /3 City Council meeting of January 17, 1989 Page 7 19. Percolation tests must be completed on each of the buildable lots and must be submitted to the city for review prior to final plat approval. 20. Preliminary road design submitted to city engineer before this subdivision goes to the city council and address the visibility for access onto Irish Ave. All aye. Motion Carried. INDIVIDUAL. SEWER ORDINANCE REVIEW At the January 3, 1989 regular meeting of the Hugo City Council, a draft ordinance dealing with individual sewer systems was submitted to the City Council for their review. The city engineer and city attorney are completing their review for modifications to the ordinance. Mayor Atkinson requested that this matter be placed on tonight's agenda for a brief discussion so that the staff can answer- any questions the Council may have regarding possible modifications to the ordinance. Once the staff and Council input is provided, a final ordinance will be prepared for review and consideration. The Mayor requested comments and recommendations from the Council. COMMUNITY PRIORITIES L...IST Mayor Atkinson requested that this item be placed on tonight's agenda for Council discussion after the priorities list rankings were tabulated by the city staff. In that only two members of the City Council had returned their priority rankings, the city staff was unable to prepare a tabulation for Council review. Mayor Atkinson suggested that this matter be tabled until all priority lists have been submitted for tabulation, and this matter be placed on the agenda as soon as possible. SPECIAL. USE PERMIT - STAFF REPORT As per City Council direction, city staff has submitted a report regarding possible Special Use Permit violations by Mr. Thomas Frampton. Mr. Frampton has been operating several businesses from a site located south of County Road 10 and west of Ingersoll Avenue since approval of a SUP in 1977. Neighborhood complaints have arisen as a result of the scope of Mr. Frampton's operation as well as the noise created in the vicinity of residences east of Ingersoll Avenue. City Administrator, Ken Huber, was instructed to contact Mr. Frampton regarding this natter and report back to the Council. MISCELL...ANEOUS AUTHORIZE SQUAD CAR PURCHASE. McAllister made motion, Vail seconded, authorizing the Mayor and City Clerk to sign a draft .in the amount of $12j532.00, payable: to Thane Hawkins Polar Chevrolet, to purchase a squad car under the Washington County bids. All aye. Motion Carried. 14 City Council. meeting of January 1.7, 1989 Paqe 8 The city received a letter from a Centerville resident regarding the possibility of installing a handicap parking spot at the Hugo Post Office. The writer of the letter will be kept informed regarding this matter. The city received a letter from residents of the City of Hugo regarding a complaint they had about their neighbor's horses creating a nuisance in the neighborhood. The matter was taken care of by the Washington County Sheriff's Office. The city received a letter from Vern Peloquin requesting a four month extension to allow him to meet the conditions of his preliminary subdivision approval on 11/8/88. McAllister made motion, Vail seconded, to grant an extension to Mr. Vern Peloquin, until June 5, 1989, to enable him to meet the conditions of preliminary subdivision approval granted 11/8/89. All aye. Motion Carried. Vail made motion, Olson seconded, to adopt RESOLUTION 89-" RESOLUTION REQUESTING LEGISLATIVE ASSISTANCE TO ALLOW FOR THE FUNDING OF ROAD IMPROVEMENTS IN THE CITY OF HUGO. VOTING AYE: Vail, Olson, Jesinsk.i, McAllister, AtE::inson VOTING NAY: NONE Motion Carried. Mayor Atkinson requested the city administrator obtain a copy of MNDOT's plans for the upgrading of Highway 61. Administrator Huber stated that he will contact Larry Bousquet regarding the installation of certain traffic regUlatory signs at Everton and Ethan Avenues, north of Bald Eagle Lal --.-e. Atkinson made motion, McAllister seconded, to appoint Mr. Bob Oswald tc. the Huqo Planning Commission for a term to expire 12/=1/89. All aye. Motion Carried. Administrator Huber stated that Senator Laidig and Representa.ti.ve 5a�esn=.c •n will be at Hugo City Hall one hour prior to the Council meeting of :