HomeMy WebLinkAbout1989.04.03 CC MinutesI NUTES FOR THE ,REGULAR COUNCIL_ MEETING OF_ APRIL 3. 1989
The meeting was called to order by Mayor Atkinson at 7:00 PM,
PRESENT: McAllister, Jesinksi, Olson, Vail, Atkinson
City Administrator, Ken Huber
City Engineer, Howard Kuusisto
City Clerk, Mary Ann Creager
Jesinski made motion, Olson seconded, to approve the minutes for the City
Council meeting of March 20, 1989 as amended.
All aye. Motion Carried.
Olson made motion, Vail seconded, to approve the General Claims for April
1989 in the amount of $46,855.48.
All aye. Motion Carried,
Vail made motion, Olson seconded, to approve the Utility Claims for April
3, 1989 in the amount of $3,.334.09.
All aye. Motion Carried.
HABITABLE GAMBLING
Vail made motion, Olson seconded, that the City of Hugo has no objection
to the issuance of Gambling Licenses to the American Legion Post #620 and
the Columbus Lions Club to operate pull tabs at the American Legion Post
and the Willy's 6.1 Club, respetively, and waives the 60 day waiting period
for both license applications.
All aye. Motion Carried.
REASSESSMENT OF 1988 INGERSOL_L AVENUE PROJECT
Pursuant to the Settlement Agreement with Mr. Joseph Card entered into
December 19, 1988, the City has scheduled the required public hearing for
reassessment of his property generally described as Lot 27, Block: 2,
Sunset Park: Addition, as it relates to the Ingersoll Avenue P.I. Project
#5-2-88(A). Mrs. Clara Letourneau was also involved in this assessment
appeal; however, following the city's agreement with Mrs. Letourneau, she
has requested, in her March 28, 1989 letter, that she does not want her
assessments stayed for three years, and would like her property assessed
in the manner as the other property owners along Ingersoll Avenue.
Jesinsk:i made motion, McAllister seconded, to adopt RESOLUTION 89-8,
RESOLUTION ADOPTING ASSESSMENT FOR REASSESSMENT OF INGERSOLL AVENUE P.I.
;OJECT #5-2-88(A).
STING AYE: McAllister, Jesinsk:i, Vail, Atkinson
VOTING NAY: Olson
Notion Carried
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City Council meeting_ of 4/3/89
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CABLE TV FRANCHISE ORDINANCE
As per Council direction, the city staff and consulting attorney have been
negotiating the Cable TV Franchise Ordinance with North Central Cable
Communications, Inc., as per the Council's award of proposals earlier this
year. Most of the Franchise Ordinance comes directly from Minnesota
Statutes, and is standard franchise language. This ordinance also
incorporates Cable TV North Central's response to the request for
proposals by reference. In anticipation of an April 3rd adoption of this
ordinance, we are calling for a September 15, 1989 completion date for
extension of cable service to the community in the areas referenced on the
service area map. The final language changes in the ordinance are being
made on the word processor at Briggs R_, Morgan. Mr. Ayotte has indicated
he will be forwarding the final draft directly to the City Council. In
that the final ordinance language has not been accepted by Cable TV North
Central, city staff recommends that this public hearing be tabled to
4/17/89.
Atkinson made motion, Olson seconded, to table the public hearing to adopt
the Cable TV Franchise Ordinance until the regular Council meeting of
April 17, 1989.
All aye. Motion Carried.
SUP FOR AUTO REDUCTION YARD (HATHAWAY/DRISCOLL)
Mr. Marrel Hathaway and Mr. Fletcher Driscoll have made application to the
City of Hugo for a SUP to operate an auto reduction yard in an
agricultural zoning district. The property in question abutts on Highway
61 and 170th Street and consists of approximately 23.3 acres. The
applicant has submitted a preliminary site plan and narrative of his
proposal. In his narrative, the applicant indicates that it is their
intent to recycle late -model, foreign automobiles for reuse of automobile
parts and the retail sales of repairable automobiles. The applicants have
indicated that an application has been submitted to the RCWD for proper
permits. A public hearing was scheduled before the Planning Commission on
March 22, 1989 to secure input regarding this SUP. City staff pointed out
to the Planning Commission that the actual area to be used for an auto
dismantling yard is only a small portion of the 21.3 acres that would be
affected by the SUP. It was also pointed out that if the permit is
approved, the land use involving auto dismantling yards would apply to the
entire parcel, not just the parcel where the auto reduction yard is
identified on the site plan. The petitioners appeared at the PC meeting
and explained how they would be running their auto reduction yard,
including the disposable of hazardous materials, tires, batteries, and
other items. The petitioners explained that they would be dealing with
expensive foreign cars, and would need an attractive facility to draw thc.�
type of customers they would be serving. Several property owners,
adjacent to the site in question, appeared at the Planning Commission
meeting, and indicated their objections to adding additional auto
reduction yards in this area. Planning Commission Senkler indicated to
the developers that one of the top priorities of the City Council was to
improve the image of the City of Hugo and clean up some of the unattrat:.ive
business operations visible from Highway bi. He also noted that the-
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City Council meeting of 4/3/8+9
Page 3.
lanning Commission has been discussing the future of commercial
evelopment on Highway 61, and that this type of commercial/industrial use
may not be consistent with the direction the city is Headed. It was also
pointed out that the City Council has directed the staff and Planning
Commission to consider the elimination of auto reduction yards, by SUE',
from agriculture or residential zoning districts within the city. The
applicants were informed that the Commission recognizes the need for used
auto parts and the disposable of old vehicles, but that since adoption of
the city's Comprehensive Plan, the direction of the city has been not to
allow any more of these types of commercial/industrial uses in or near
agricultural and residential zoning districts. After a lengthy
discussion, the PC unanimously recommended denial of this SUP request on
Parcel 9.:.008-3200, based on the following findings of fact:
1. The proposal in question appears to be inconsistent with Part 11, B,
##5 and b of the city's Comprehensive Plan.
2. The retail sale of automobiles in an agricultural zone is not
permitted as per the city's zoning ordinance.
3. There appears to be three established residential dwellings abutting
on the north and south boundaries of the site at Highway 61. and at
the northeast corner of the site.
4. The actual boundaries of the site are not clear on the site plan.
5. This request is inconsistent with the City Council's direction to
eliminate auto reduction yards by SUP from the city's zoning
ordinance.
The city does not feel this proposal is consistent with the city's
Comprehensive Plan, Part I1 -A2,, calling for "quality, light industrial
development".
7. The site identified in the petition is significantly larger than the
area to be used for auto reduction as noted on the site plan.
If t.i`rt: City Council feels that the proposal in question is consistent with
the city's Comp Pian and the direction the city is headed with regard to
this type of commercial/industrial activity, we would recommend that
approval of this permit be subject to compliance with the site plan and
the 21 special conditions listed in the PC minutes. It was pointed out to
the applicants that even if they secured the required SUP, they are; sti.11
required to get the annual auto dismantling license permit as per city
ordinance.
Kelly Driscoll., representing the applicants, reviewed the site plan as
submitted and reiterated that they will have to look "impressive" in order
to attract certain clientele to their business operation. Mr. Driscoll
stated that they were open to any recommendations/suggestions by the
Council that would be needed to get city approval.. Flavor Atkinson
referenced the intent of the Citi; Council to eliminate auto reduction
yards from the city's zoning ordinance.
Atkinson made motion, McAllister seconded, to deny the application of
arrel Hathaway and Fletcher Driscoll for a Special Use Permit to operate_
-i auto reduction yard in an agricultural district bayed on the folll_+4'di.C'g
indings of fact:
City Council. meeting 4/.3/89
Page 4
1. The proposal in question is inconsistent with Fart II, B, #S and #h of
the city's Comprehensive Flan.
2. The retail sale of automobiles in an agricultural zone is not
permitted as per the city's zoning ordinance.
3. There appears to be three established residential dwellings abutting
on the north and south boundaries of the site at Highway ai, and at the
northeast corner of the site.
4. The actual boundaries of the site are not clear on the site plan.
S. This request is inconsistent with the City Council's direction to
eliminate auto reduction yards by SUP from the city's zoning ordinance.
b. The city does not feel this proposal is consistent with the city's
Comprehensive Plan, Fart II -A2 calling for "quality, light industrial
development".
7. The site identified in the petition is significantly larger than the
area to be used for auto reduction noted on the site plan.
All aye. Motion Carried.
Mr. Driscoll asked the Council whether the city would look favorably on
their business if they enclosed the entire operation. City Administrator
Huber advised the Council against responding as the city Had no
application or site plan to make a commitment. He reminded the Council
for the need to hold the required public hearings prior to giving their
approval to a reviewed proposal.
SUP FOR BALD EAGLE ESTATES (RICHARD GRANGER)
On behalf of Birchwood Builders, Inc., Mr. Richard Granger has made
application to the City of Hugo for a SUP to proceed with a PUD on Outlot
A of Bald Eagle Estates subdivision. The property in question is zoned
SFE and is approximately b 1/2 acres in size. It is the intent of the
developer to use a lot density and zero lot line approach to construct six:
townhouses (twin homes) on this site. SFE zones require a minimum one
acre lot size, and duplexes are permitted by SUP. It is the intent of the
developer to preserve the wetlands and natural setting of the site as well
as stay within the prescribed density for the SFE zone. The site in
question is currently being served by sanitary sewer to the end of Falcon
Court. The site access road will be surfaced, and include curb and gutter
as per the city engineer's recommendation. The interior roadway and
utilities on site will be private, and maintained by the homeowner's
association. Homeowner's association documents wi.l.l be prepared and
reviewed by the city attorney, and approved at the time of final plat.
approval. Through use of the PUD concept, the City Council would allow
for zero lot line approach to setbacks,, and a density approach allowing
lots smaller than one acre in size. Although this approach is unique to
the City of Hugo, the Planning Commission felt that it made a lot of sense
for areas such as these when the sites can be served by utilities and
surfaced streets. The Hugo PC held a public hearing on this request
February 22, 1.989, at which time they recommended approval of the SUP
subject to incorporating the staff recommendations and engineering report
into the final site plan to be submitted for Council review. Th(:-.,
developer has addressed most of the staff concerns in the revised site
plan. The issues not addressed in the site plan will be addressed ir,
restrictive covenants or homeowner association agreements to be approved
at the time of ffi.nal plat review.
City Council meeting of 4/2/89
Wage 5
esinski made motion, Olson seconded, to approve the application of Mr.
;ichard Granger dba Birchwood Builders for a Special Use Permit to proceed
yi.th a PUD on Outlot A of Bald Eagle Estates subdivision. Approval is
subject to the following special conditions:
1. Completion of all improvements identified on the site plan within 12
months of issuance of first building permit.
2. Submittal of a detailed landscaping plan.
3. Maintenance of private road and utility system by the homeowner's
association.
4. Limiting on-site storage buildings to the areas identified on the
approved site plan.
5. Providing an area for visitor parking.
b. Compliance with grading and drainage plan for the site.
7. The lowest floor elevation for any dwelling or structure on the site
shall be at least 934 feet above sea level.
S. Individual garbage service will be provided for each dwelling unit on
site.
9. Failure to secure Council approval and recording of the final plat of
Bald Eagle Estates No. 2. and the homeowner's association agreements
within 180 days of this permit approval, shall void this SUP
10. No further subdivision of this site shall be permitted.
11. All of the concerns identified by the city attorney in his February
205 1989 letter to the staff shall be addressed to the satisfaction of
the city.
2. This SUP shall not be recorded with Washington County until the final
plat and other documents referenced above have been approved by the
city and properly recorded.
13. The site plan shall be a part of this permit.
All aye. Motion Carried.
PRELIMINARY PLAT FOP BALD EAGLE ESTATES NO.
Subject to approval of the Special Use Permit for PUD on Outlot A of Bald
Eagle Estates subdivision, Birchwood Builders. !-las made application to the
City of Hugo for the resubdivision of Outlot A in Bald Eagle Estates.
This property is to be formally platted with variance: allowing for use of
zero lot lines and less than one acre lot sizes. The tract in question
contains approximately ti 1/2 acres and is currently zoned SFE. The plat
would contain twelve -._ x 100' lots and a 1Zth lot that would be the
commons area available for use by members of the homeotwneros association.
The plat in question will be served by Falcon Court North which will be
fully improved as a part of the Bald Eagle Estates subdivision. The
Planning Commission Held a public hearing on February 22, 1989 to review
this request, and recommended approval of the preliminary plat and
variances from lot size and setbacks subject to special conditions.
McAllister made motion, Vail seconded, to approve the application of
i.rchwood Builders for resubdivision of Outl.ot. A in Fuld Eagle Estates,
nd variances allowing for use of zero lot limes and minimum one acre lot
i es. Approval is subject to the following conditions:
City Council meeting of 413/89
Page b
1. Approval of the special use permit for the planned unit development.
. Plat conformance with the site plan and special conditions of the
special use permit.
3. Acceptance of the homeowners association documents as a part of the
Plat.
4. Approval of the grading and drainage plan by the city engineer.
5. The private road on site be so identified.
b. All recommendations of the city engineer be complied with.
7. The final plat be submitted to the city council within 90 days of the
preliminary plat approval.
B. The final plat shall reflect all of the legal, engineering, and staff
recommendations.
9. All fees relating to the subdivision shall be paid by the applicant
including the cost of recording documents with Washington County.
10. Developer pay fee in lieu of parkland dedication at the time of final
survey approval.
11. A drainage plan and permit must be approved by the watershed district
and maintianed by the property owner with the method of maintenance to
be reviewed by the city engineer.
12. Mailbox locations shall be approved by the United States Postal
service.
13. Developer shall install one tree per lot of a minimal size within the
subdivison development as per city regulations.
14. 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.
15. Lot lines within the subdivision must be staked and .identifiable to
determine proper building setbacks if required by the building
inspector.
All aye. Motion Carried.
It should be noted that no Developer's Agreement will be required for this
subdivision as all on-site improvements., including utilities and roadway,
shall be private and the responsibility of the homeowner's association.
If the developer wishes to proceed with construction of the dwellings
before all on-site improvements are complete, city staff recommends that
the City Council require the posting of a letter of credit equal to 1.25
times the estimated cost of the work: to be completed as recommended by the
city engineer. Said letter of credit to be provided by the developer and
reduced as per the policy of the city reflected in other- development.
agreements. City staff also recommends that all restrictive covenants and
homeowner's association agreements be submitted for city review prior to
final plat approval.
APPROVAL OF PLANS FOP: _C I P PROJECT #5-2-00B)
Pursuant to Resolution 88-37, the city Engineer has completed preparation
of the plans and specifications for Phase 1 of the city's CIP Project.
#5-2-830). A representative of the city engineer's office was present
Monday evening to review these plans with the Cite: Council, in detail. To
move forward with this project, it will be necessary for the Council to
approve the plans and specs and order- advertisement for bids. Following a.
detailed review of the plans and specifications by the city engineer:
City Council meeting of 4:3!89
Page i
tkinson made motion, Jesinski seconded, to adopt RESOLUTION 89-9,
ESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT
FOR BIDS FOR P.I. PROJECT #!:5-2-880).
VOTING AYE: Vail, Olson, Jesinski, McAllister, Atkinson
VOTING NAY: None
Motion Carried.
YARD WASTE COMPOSTING AGREEMENT
Washington County Public Health Department has submitted a revised Yard
Waste Composting Agreement for Council review. In his March ^•', 1989
letter, Mr. Tom Haugen notes that the changes in the agreement involve
increases in financial reimbursement for site maintenance and windrow
turning. The site monitoring was also increased by approximately
$11=0.00. Mr. Haugen has assured the city that the financial reimbursement
provided will be adequate to cover the cost of the site monitor based on
the increased hours of operation now required in the revised agreement.
Other changes in the agreement involve restricting the use of the site to
citizens only, submitting a claim for reimbursement to the county by
December 1st, and provide for additional site hours in the fall on Mondays
from 1:00 PM to 6:00 PM. Although the staff sees no real problems with
this agreement, there is some concerned that financial reimbursement to
he city will be ongoing and adequate funds will be provided to pay site
onitoring costs. It should also be pointed out that one of the major
elling points of getting into this composting business was that city's
could charge garbage haulers to leave their compost waste which would help
pay for improvements and operation of the site. The new provision that
restricts use of the site to citizens only would prohibit commercial
dumping.
Mayor Atkinson and Councilman McAllister questioned the portion of the
agreement referencing use of the site by citizens only beginning January
1, 1950 ( Section ?, #1, Subsection i . ) . This item can be looked at more
thoroughly after the 1/1/90 implementation.
Atkinson made motion, Jesinski seconded, authorizing the Mayor and City
Cle=rk: sign the 1989 Memorandum of Agreement for Yard Waste Comporting oil
behalf of the City of Hugo.
VOTING AYE: Jewi.nski, Olson, Vail, Atkinson
VOTING NAY: McAllister
Motion Carried.
ACCEPT 1988 AUDIT REPORT
"'he city's auditors have now completed the final audit report for the 1983
iscal year. The management letter was submitted to the Cit;. Council for
evi.ew several weeks ago. City staff would recommends acceptance or the
�udi_t report., and direct the auditors to file the necessary copies wi.t.I...-,
the appropriate govc:rnmenta.l. agencies.
City Council meeting of 4/3/89
Page 8
Atkinson made motion, Olson seconded, that the City of Hugo accept the
auditor report for 1988 and the auditors file the necessary copies with
the appropriate governmental agencies.
All aye. Motion Carried.
As per Council direction, the city staff has met with area residents and
Mr. Thomas Frampton regarding possible code violations relating to his
nursery/landscaping business located south of Sunset Lake and west of
Round Lake. The property in question involves approximately 30 acres, and
is controlled by a Special Use Permit and site plan approved in 1977, as
well as other municipal ordinances. In reviewing the file on this SUP and
activities taking place on site, it appears that Mr' Frampton is in
violation of city ordinances with regard to the following:
1. Advertising signs have been located on site without securing the
proper permits from the city'
2- On-site dumping facilities are present and being operated by Mr.
Frampton in violation of city ordinances and county public health
laws.
3. There is inoperable equipment and other refuse located on site.
In discussing this matter with the parties involved in this complaint, it
would appear that there are other areas of concern:
1' Commercial activities of the type present at nurseries and landscaping
businesses is not conducive to residential areas, and should be
limited to commercial, conservancy, and agricultural areas.
2. The owner of this business operates equipment on site at unreasonable
hours on weekdays and on weekends not allowing for the peace and
quietude of residents adjacent to the site.
3. Occasionally, commercial vehicles and equipment involved in Mr'
Frampton's business do inadvertently use Ingersoll Avenue for access
to his site which is in violation of the SUP and amended SUP.
It does not appear that a mutually acceptable agreement can be worked out
between Mr. Frampton and the complaitants in this matter, and the best
possible course of action may be to require Mr. Frampton to correct the
municipal code violations and request his cooperation with regard to
keeping commercial vehicles off of Ingersoll Avenue and operating
equipment on site during reasonable hours.
Atkinson made motion, Vail seconded, that this matter be tabled until the
City Council meeting of May 1, 1989 and that Mr. Frampton be sent a letter
requesting his presence at the meeting.
All aye. Motion Carried.
Olson made motion, Vail seconded, to adjourn at 8:30 PM.
All aye. Motion Carried.
Mary Ann Creager City Clerk
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