HomeMy WebLinkAbout1989.04.17 CC MinutesMINUTES FOR THE REGULAR CITY COUNCIL MEETING OF APRIL 17,
The City Council meeting was called to order at 7:00 PM.
PRESENT: McAllister, Jesinski, Olson, Vail, Atkinson
Cita: Administrator, Ken Huber
City Clerk:, Mary Ann Creager
McAllister made motion, Jesinski seconded, to approve the City Council
minutes for April 3, 1989 as submitted.
All aye. Motion Carried.
McAllister made motion, Jesinski seconded, to approve the General Claims
for April 17, 1989 in the amount of $30,451.25.
All aye. Motion Carried.
Vail made motion, Olson seconded, to approve the Utility Claims for April
17, 1989 in the amount of $164.90.
All aye. Motion Carried.
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 17th adoption of this
ordinance, we are calling for a September 1.5, 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 at Briggs & Morgan. This matter was tabled at the regular Council
meeting of April .:, 1989 for further consideration at the Council meeting
of April 17, 1989. After a presentation of the ordinance, the following
motion was made:
McAllister made motion, Vail seconded, to adopt ORDINANCE 1989-257, AN
ORDINANCE ADOPTING A CABLE COMMUNICATIONS FRANCHISE FOR THE CIT`{ OF HUGO .
VOTING AYE: McAllister, Jesinski, Olson, Vail., Atkinson
Motion Carried.
ELMCREIST AVE_NUE ROAD PETITION
The Cita.' received a petition from various property owners adjacent to
Elmc_rest Avenue requesting immediate action to upgrade said roadway.
Although it was not specified in the petition, City staff assumed that the
portion of road in question extends from 129th Street on the south to
County State Aid Highway 478 on the north. The petition does, not indicate-,
the type:: of improvements being requested, and does not confirm to M.S.
Chapter 429 with regard to content and format. At this point: in time,
staff can only assume that residents of this area wish an opportunity to
City Council meeting of 4/17/89
Page 2
appear before the Council and express their concerns and discuss various
alternatives that may be available to the City. The roadway in question
was a part of the city's Phase 2 Capital Improvements Program scheduled
for 1991. The estimated cost for this project reconstruction to 7 ton
bituminous road was $118,615. This was based on 1988 prices. In the fall
of 1988, the Council responded to complaints in the area and hauled a
significant amount of fill into the south portion of this roadway at
needed locations. Because of the lateness of the year in which this
material was placed on the road, and the extremely wet spring, these areas
turned into a virtual quagmire creating problems for residents using this
road. Without the advantage of some warm weather and drying winds, it was
impossible to deal with this situation without removing the materials that
were deposited in the fall. The residents on the roadway have a
legitimate complaint; however, the resolution of this problem is not
simple. The County has estimated that to bring in the needed fill and
crushed rock to deposit in the needed areas of the roadway, it would cost
the City between $10,000 and $12,000. The City's total gravel budget for
1989 is $1,000. Compounding the problems of developing long-range
solutions to this needed roadway improvement, is the fact that portions of
the roadway are in two different counties as well as two different_
municipalities. Because of tax levy limits, the freezing of homestead
credit and local government aids, and the cutbacks of other revenues
available to the cities, we Have not only been unable to increase our road
maintenance budget, but have had to decrease certain expenditures in the
last several years. The prospects of the situation changing in the near
future is not good, and the most realistic option available to cities to
deal with these kinds of problems is to bond for the financing of these
improvements via Chapter 429 of the Public Improvement Code. There are,
however, a number of options that the City Council may want to consider
depending on the general feeling of area residents as to their willingness
to pad; for improving this roadway:
1. Deposit rock: and additional fill on needed areas of the roadway. The
estimated life of this bandaid improvement would be approximately two
years, and would cost $10,000 to $12,000.
. Accelerate Phase 2 of the City's Capital Improvement Project which
would schedule the improvement of Elmcrest. Avenue along with other
projects for construction in 1990.
_. Require property owners in the area in question to petition for the
improvement of the roadway pursuant to Chapter 429 of the Public
Improvement Code, and consider the making of this improvement as per -
the city's policy regarding the improvement of collector streets.
This would involve a. tax levy not subject to levy limits, and the
assessment of a minimum of 21 of the cost to abutting {property owners
in the City of Hugo.
4. The City Council could initiate an action to hold a public .impro'vement.
Hearing on this project pursuant to Chapter 429 of the P.l. Code;
however, the process of dealing with this matter would be somewhat_
different as all action by the City Council, using this procedure.
would require a 4/5' vote of the Cit.': Council.
5. The City Council could initiate a series of meetings with the various
counties and cities affected by this roadway to discuss other options
' improvement_ We would caution area residents,o� financing ti -11. .
however, that this procedure C.G(_l).Ct take from t b` t CJ to three r'ec.!rc=,
coordinat•.e and facilitate the needed improvements.
City Council meeting of 4/17/89
Page 3
It should be noted that all of the recommendations, with the exception of
#1, would take at least a year or two to accomplish the improvement of
this roadway. Option #1 could be accomplished in a relatively short
period of time; however, the life expectancy of this improvement would
only be two years and would limit the city's ability to maintain other
roads in the community. Once again, it was pointed out that we have in
excess of 50 miles of gravel roads in the City of Hugo under maintenance
contract with Washington County. Rumor has it that the State legislature
is going to allow a 3 1/2% tax levy increase for 1990 which means the
city's road budget will increase very little, and we don't anticipate it
increasing at the same rate as the cost of the city's contract with _
Washington County. Currently, the City has no money for the rebuilding of
roads, only grading and spot patching~
Maurice McCo1lar, 13761 Elmcrest Avenue, acting as spokesman for the group
of concerned people present at the Council meeting, cited their concerns
with road conditions and road maintenance. Richard Kissner, Thomas
Muehlstedt, and Steve Nice also addressed the Council acknowledging that
the condition of Elmcrest Avenue was need of major improvements. Mr.
Harold Bisel, Councilman from Lino Lakes, was also present, and stated
that the City of Lino Lakes would be willing to work with Hugo to resolve
the road problem. He stated that Lino Lakes realizes there is pressure
for development in that area, and will need to discuss the condition of
Elmcrest Avenue. Mayor Atkinson reviewed the four options available to
the residents to improve Elmcrest Avenue, and it was agreed that the City
would: 1) work with Washington County regarding improved road grading, 2>
work with Lino Lakes to look at a long-range solution to the road problem,
and 3) residents would consider petitioning for permanent improvements to
the road.
WILSON TOOL SITE PLAN PPROVAL
On behalf of Wilson Tool, Mr. Ken Wilson has made application to the City
of Hugo for site plan approval to provide a comprehensive drainage,
grading, and erosion control plan to accommodate expansion of Wilson Tool
Co. The property in question is located in an industrial zone, with a
mailing address of 12912 Farnham Avenue, Hugo, MN. The site contains
approximately 23.2 acres of which a part is developable and a portion is
protected wetlands. On March 20, 1989, the Council reviewed this request
and tabled any action as a result of the city engineer's concerns
regarding drainage, ponding, and other issues. The applicant has now
submitted a revised site plan after meetings with the city engineer and
city administrator. The overall drainage plan and other issues have now
been addressed, and the city engineer is recommending approval of the site
plan based on the new plan layout. If the City Council acts to approve
this site plan, City staff recommends that the overall plan be approved in
concept only, and that specific site plan approval be granted for Phase 1
as proposed in 1989. Approval should be subject to securing the required
permits from RCWD, corps of engineers, and the DNR. The applicant
understands that any further development beyond Phase 1 will necessitate
the improvement of Farnham Avenue or Falcon Avenue.
Julian Fenendael and Mark Jones, representing Wilson Tool, were present at
the meeting to review the revised site plan. Mr. Fenendael stated that
the revised plan will be submitted to the RCWD for their consideration.
City Council meeting of 4!17;89
Page 4
Atkinson made motion, Vail seconded, to approve the Site plan for Wilson
Tool, to provide a comprehensive drainage, grading, and erosion control
plan to accommodate phase 1 expansion of Wilson Tool at 1:912 Farnham
Avenue, Bald Eagle Industrial park: (parcel No. 93080-2150). . The site plan
approval is granted for phase 1 only.
All aye. Motion Carried.
REGAL PLASTIC SITE FLAN APPROVAL
On behalf of Regal plastic of Hugo, Mr. Richard Olson has made application
to the City of Hugo for site plan approval to construct a 5200 square foot
addition to his building located at 15195 Freeland Avenue, Hugo, MN. The
49' x 80' portion of the addition will be used for warehousing and
additional bathroom facilities. The .3.3' x 38' portion of the addition
will be used to add a new lunchroom and two additional offices. The plan
also involves increasing the parking from 21 stalls to .31 parking spaces.
The stormwater management plan has been prepared for the site allowing for
retention of stormwater runoff on the site in question. The staff can see
no major problems with this proposal as submitted, and the stormwater
management plan has been reviewed by the city engineer.
McAllister made motion, Jesins6:i seconded, to approve the site plan for
Regal plastic, 15195 Freeland Avenue in the Peloquin Industrial Pari::
(parcel No. 93017-2258), to construct a 5,200 square foot addition to the
existing building per the submitted site plan. the 49' x 80' portion of
the addition will be used for warehousing and additional bathroom
facilties, and the x 38' portion will be used for add a new lunchroom
and two additional offices. This approval is subject to Regal plastic
obtaining RCWD approval.
All ave. Motion Carried.
GARAGE SQUARE FOOT VARIANCE. (U €:_H BUILDERS)._
On behalf of Donald and Joyce Dumer, Mr. Paul Husnik: has made application
to the City of Hugo for a variance to construct a -car garage consisting
of 991 square feet on Lot 4, Block: 2, Bald Eagle Estates subdivision. The
city code limits the square footage of an attached garage to 720 square
feet. If you will recall, the City Council has directed the city attorney
and staff to amend the city -'s zoning ordinance dealing with the size of
garages in residential areas. In light of this fact, the City Council has
been approving the variances for over -size garages, and we can see no
objection to the proposal of the applicant. The City Council may also
want to consider authorizing some administrative authority for the
processing of these garage, square foot, variances until such time as the
ordinance is changed.
Vail made motion, Olson seconded, to approve the variance request o'9 i''<::i.t_;.l
Husni,k, on behalf of Donald and Joyce Dumer, to construct a .3 -car" garage
consisting of 991 square feet on Lot. a
Block 2,, Bald L<calc Estates
subdivision.
All aye. Motion C'ar-r-?..F;d.
City Council meeting of 4/17/89
Page 5
T,H. #61 AND_COUNTY ROAD -8 SAFETY RESOL TION
Consistent with the City Council's priority list, it appears appropriate
to initiate some action to get other governmental agencies involved in the
resolution of potential traffic problem at the intersection in question.
This is the type of process that will probably involve not only the City,
but the railroad, Washington County, MNDOT, and other agencies. Adoption
of the resolution would at least open a dialogue between all the agencies
involved. It does not appear that this is a problem that will be solved
easily, and it is appropriate to at least begin the process for future
discussions.
McAllister made motion, Jesinski seconded, to adopt RESOLUTION 89-10,
RESOLUTION REQUESTING TRAFFIC SAFETY ASSISTANCE FOR THE INTERSECTION OF TH
61 AND COUNTY ROAD 8 IN THE CITY OF HUGQ.
VOTING AYE: McAllister, Jesinski, Olson, Vail, Atkinson
VOTING NAY: NONE
Motion Carried.
RESOLUTION ON PROCESSING VARIANCES
The City is continually being faced with requests allowing for garages
exceeding the square footage permitted, and allowing garages to be located
between the principal building and the roadway' In light of the fact that
the City is in the process of changing its ordinance relating to these
issues, the Council may want to consider establishing a formal policy on
the administrative processing of these requests with subsequent
ratification by the City Council.
Atkinson made motion, Vail seconded, to adopt RESOLUTION 1989-11, RESOLU-
TION AUTHORIZING ADMINISTRATIVE ACTION REGARDING VARIANCES FOR GARAGES AND
ACCESSORY BUILDINGS.
VOTING AYE: McAllister, Jesinski, Olson, Vail, Atkinson
VOTING NAY: NONE
Motion Carried.
This matter was tabled from the Council meeting of 4/3/89. 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.
�y
City Council meeting of 4/17/69
Page 6
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 are 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 did 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.
Mr. Frampton appeared before the Council and communicated his willingness.
to resolve the city ordinance violation=_., and that work had already begun
to correct the problems. Mr. Frampton stated that he will be: 1)
applying for the appropriate permits for his advertising signs, 2)
applying for the necessary permits to continue filling low areas on his
property to be used for the planting of nursery stock:, and ) cleaning his
property of inoperable equipment and other refuse on site. Mr. Frampton
stated that he will be applying for an Amended Special Use Permit for -
anticipated changes in his operation. City Administrator- Huber
recommended that Mr. Frampton continue to correct the city ordinance
violations, and meet with City staff regarding the three other areas of
concern as cited above. Mr. Frampton stated that he has made his
employees aware of neighbor's concerns regarding the operation of
machinery at the site.
Atkinson made motion, McAllister seconded, to direct the correction of t.hp
code violations and authorize the staff to work: out the other concern_- at
the time of Amended Special Use Permit review.
All aye. Motion Carried.
APf= O I NTMEN7 OF* Bf -..F•:: I F' B l l:1...�"i I rJC: ISE R
Staff is recommending the appointment of Mr. Bob Noble ;:as back: up building
inspector- to fill in for Mr. John Benson when he is on vacation or ?her—.
other" emergency situations aricE. i r . Noble is a certified b
u!d 1r_
iri<__..C"sector, and is
City Council meeting of 4/.17/89
Faye 7
emergency situations at the rate of $20.00/hour. Bob will be used only
when necessary, and will provide us with a back up which will prevent
delays in getting inspections completed when the city's inspector is out
of town.
Atkinson made motion, Vail seconded, that. the City of Hugo appoint Bob
Noble as the City's back: up Building Inspector at a rate of `20 .00/hour.
All aye. Motion Carried.
MISCELLANEOUS
Councilman Olson inquired about another inspection of Ingersoll Avenue,
and was informed that inspections for Ingersoll Avenue road project have
not been completed.
City staff is to contact the dispatcher with the Washington County
Sheriff's Office regarding road restrictions for city roads.
City staff has been in contact with Minnesota Pipeline regarding any
activity contemplated to take place in the City of Hugo.
Councilman :?ail inquired about sweeping of city streets, and city staff
will contact the road superintendent regarding this matter.
Vail made motion, Olson seconded, to adjourn at 9:17 PM.
All aye. Motion Carried.
Mary Ann Creager, City Clerk
City of Hugo