HomeMy WebLinkAbout1989.05.15 CC Minutes447
The meeting was called to order by Mayor Atkinson at 7:00 PM.
PRESENT: McAllister, Jesinski, Olson, Vail, Atkinson
City Administrator, Ken Huber
City Engineer, Howard Kuusisto
City Clerk, Mary Ann Creager
Jesinski made motion, McAllister seconded, to approve the minutes for the
City Council meeting of May 1, 1989 as submitted.
All aye. Motion Carried.
McAllister made motion, Vail seconded, to approve the General Claims for
May 15, 1989 in the amount of $52,340.47.
All aye' Motion Carried'
Vail made motion, Olson seconded, to approve the Utility Claims for May
155 1989 in the amount of $157.50.
All aye' Motion Carried.
As per Council direction and pursuant to Chapter 429 of the Public
Improvement Code, the City has received bids for Phase 1 of the City's
Capital Improvement Project #5-2-88(B)' This project was ordered
following a public improvement hearing in the summer of 1988, and was to
be assessed at the rate of $3'85 per foot of frontage on the road to be
improved. The financing for the project has been secured with
construction to begin in June with an estimated October 1 completion date.
The project involves the bituminous surfacing and related improvements for
Qneka Lake Boulevard from 200' east of Geneva Avenue eastelry to Harrow
Avenue, Harrow Avenue from 157th Street north to 165th Street, Goodview
Avenue from County Road 8A to the south corporate limits, Falcon Avenue
from 124th Street south to 120th Street, 177th Street east from Highway 61
to Greystone Avenue, 130th Street from Highway 61 east to Goodview Avenue,
and Hyde Avenue from 147th Street south approximately .4 miles, and 146th
Street and 147th Street railroad crossings. The bids also include a
street overlay project for approximately two miles of 165th Street which
was not a part of the C.I.P. The City received 5 bids for this project
ranging from a high bid of $780,354 to a low bid of $617,770. The
apparent low bidder for this project appears to be Valley Paving of
Shakopee, MN. The low bidder has quoted an August 15th completion for
this project' Because of the nature of the road project in question, the
city administrator is recommending that the Council authorize the
employement of a full-time inspector for this job from the start of the
project to project completion. The inspector would be provided through
Kuusisto Engineering at a rate agreed upon by the city engineer and city
administrator.
McAllister made motion, Olson seconded, to adopt RESOLUTION 89-12 RESOLU-
TION ACCEPTING BIDS FOR HUGO CIP PROJECT #5-2-88(B).
All aye. Motion Carried.
The Council authorized the city administrator to secure engineering
inspection for this project during the course of construction.
("IS
City Council meeting of May 15, 1989
Page 2
SPECIAL USF PERMIT ( a . OLSEN )
Mr. ,:John Olsen, 14728 Irish Ave. No. has made application to the City of
Hugo for a special use permit to use 11% of his 7.75 acrd tract of land to
process and store firewood. Mr. Olsen indicated on his application that
the property is being used for farming and is the location of his personal
residence. The request in question is very similar- to that of Mr. John
Thommes who appeared before the City in 1998 for a similar request which
was subsequently denied. Mr. John Olsen operates a tree removal service
and has used the site in question and adjacent property as a dump site for
trees removed from other communities. He was notified of potential
violations of City code regarding illegal dumping when he brought trees in
the gravel -pit area to the west of his proposed site. Although Mr.
Olsen's proposal may be to split and process firewood on his site, our
concern would be that it would end up as just another dumpsite for his
tree removal service. We would suspect that this proposal does not
involve cutting, splitting, curing, and storing of cord wood. Our guess
is that Mr. Olsen intends to pull in large logs and piles of brush to be
stored on site until they can be burned or disposed of in another manner.
Some of the problems we have experienced with these types of requests in
the past is how brush and other wood materials are disposed of during dry
summers when no burning permits are issued. City staff strongly suggested
that all members of the Council visit the site in question; and note the
type of activities taking place and their compatibility with the
surrounding area. The staff has indicated concern that once this type of
permit is issued, it would be extremely difficult for the City to monitor
what is taking place on site in addition to what is firewood and whether
or not this area becomes a dumpsite or a legitimate woodsplitting
operation. This matter was reviewed by the Planning Commission at their
April 26, 1989 meeting at which time numerous adjacent property owners
were in attendance and indicated their support of Mr. Olsen's application.
There were no objections raised to this proposal at the public hearing,
and the PC acted to recommend approval to the City Council subject to
special conditions.
Mr. Olsen presented a letter to the Council with signatures of adjacent
property owners stating that they had no objections to the issuance of a
permit for Mr. Olsen's operation. He stated that he has beenr recycling
wood for five years, and that his property is not used as a dumpsite. He
uses a chainsaw in his operation, and the machinery on his property is
Ford front end loader used primarily in the winter months. The tractor is
stored inside. No woodchi.pping is done on site.
McAllister made motion. Jesinski seconded, to approve the application of
John Olsen, 14728 Irish Avenue, for a temporary Special. Use Permit to use
11% of his 7.75 acre t.rac...t of land to process and st'or'e fi'..t.'wrod
Approval is subject to the following special. conditions:
1. The
SUP be
issued for a
maximum period of 24 months beginnif' g thedate
-
approval
by the: City
Council.
2. No
signs or
advertising
be permitted on site.
3. No
exterior
storage of
heavy equipment is to be permitted on site.
61
City Council meeting of May 15, 1989
Page 3
4. All activities on site be limited to the areas identified on the
submitted site plan.
5. All burning on site shall be regulated by city ordinances and enforced
by the fire department. Approval of this SUP shall not constitute
approval of any burning permits. The brush piles on site shall be
burned at least twice annually, or at the request of the City Council,
during the winter months as approved by the City Fire Marshall.
6. The owner/applicant shall be responsible for reimbursement of costs
incurred by the city to respond to fire calls resulting from
activities taking place on site.
7. All wood, brush, and other materials deposited on site shall be
removed in their entirety at the time of expiration of this permit.
S. The applicant shall install a lockable gate at the access to this
site, and said gate shall remain locked at all times when there is no
one present on the burning/storage area of the site.
9. All weight restrictions on city and county roads shall be observed
during the operation of this tree service'
10. Any materials other than trees and brush deposited on site must be
removed by the property owners at their expense' All tree service
related activities on site shall be limited to the hours of 7:00 AM to
7:00 PM, Monday through Saturday.
11. The activities on the site in question shall be limited to the
depositing, separation, and sale of wood as well as the burning of
brush by Mr. Olsen only.
12. No trespassing signs shall be posted at the entrance gates to the
site.
13. A financial deposit in the amount of $500.00, in a form acceptable to
the city staff, be deposited with the City to cover any costs
regarding fires, burning, and brush or refuse removal from this site.
14' The applicant be responsible for removal of all brush and other wood
or refuse deposited on site at the expiration of this permit or the
financial deposit shall be forfeited.
15. All activities to be restricted to the area identified on the site
plan with setback requirements being met and the limbwood pile at the
south end of the site being removed or relocated'
All aye. Motion Carried'
EiPECIAL USE IERMIT JR T:
Jim and Robert Dotte have made application to the City of Hugo for a
Special Use Permit to allow for the removal of black dirt for landscaping
purposes and the creation of two ponding areas for waterfowl on a 20 acre
tract of land. The property in question is located at the northeast
corner of Fenway Avenue and 165th Street, and consists of two parcels
identified as Parcels A and B of the enclosed site plan. The property in
currently zoned agricultural, and Mr. Dotte had been removing black dirt
from the area in question for some time without the proper permits. Mr.
Dotte states that approximately 18" to 24" of black dirt will be removed
from the ponding areas identified. Once all black dirt is removed from
the areas identified, those sites will be seeded for erosion control and
wildlife habitat. Mr. Dotte has assured us that following the black dirt
removal and seeding, it is his ultimate intent to construct a single
family residence on the site in question. The property adjacent to the
AYE
City Council meeting of May 15, 1989
Page 4
site is zoned agri.cul.tur-al and conservancy. In December of 1999, the
Planning Commission held a public hearing on this matter at which time the
PC recommended approval of the SUP on a split vote. It should also be
noted that several residents in the vicinity of Mr. Dott.e's property
appeared at the PC meeting and indicated their objections to this
proposal. The objectors were concerned about the area becoming an
eyesore, and that the site will not be maintained properly. Of particular
concern to the staff was monitoring of this site to assure that activities
other than those permitted in the SUP would not be permitted on the site.
Tony Penna, property owner to the west of the Dotte property, was present
to express his concerns with the size of the pond indicated on the topo
map. It was his opinion that drainage in the area has been affected, and
was concerned with runoff onto his property. He asked that the area
adjacent to his property be filled in to its previous level (prior to dirt
removal). Brian Dobie, engineer for the Dottes, prepare the topo map and
stated that the land between the Penna property line and the westerly pond
could be lifted 1.' to 2' with a soil berm and then seeded down. Mr. Dobie
stated that the drainage from the westerly pond flows to the northeast.
City Administrator Huber stated that a berm would prevent the pond flowing
onto the Penna property, but it would also retain water on Penna's
property. Mr-. Penna stated that he was not opposed to the pond, but
didn't want the water spilling on his property thereby Palling his trees.
Art Munger, 5411 165th Street, did not feel that $2,000 financial
guarantee was sufficient to cover costs should the Dottes abandon the
site.
Atkinson made motion, hail seconded, to approve the application of Jim and
Robert Dotte for the temporary Special. Use Permit to allow for the removal
of black dirt for landscaping purposes and the creation of two ponding
areas for waterfowl on a 2:7 acre tract of land located at the northeast
corner of Fenway Avenue and 165th Street. Approval of this 'SUP is subject
to the following special conditions:
1. Review and securing of any required permits from the RCWD.
2. Removal of soils may only be permitted within the ponding areas
identified on site plan.
3. No soil materials shall be removed within 50' of the west property
lines of the site in question.
4. The property owner- shall be responsible for all illegal dumping on
site and all illegally dumped materials mu.s.t be removed and disposed
of in an approved sanitary landfill.
5. This permit shall be issued for a period of 24 months from the date of
the approval (5/15/89).
6. Submittal of topographic maps of the site shall be provided to city
prior to resumption of activities on site.
7. The property lines and ponding areas on the site mint be :identified by
the applicants to cis`.•:ure proper setbacks are met if required by tP"ie
city, code enforcement officer.
S. All on site act.i.vities permitted as a result of this activity shall
not cause the altering of any watercourse_, ditch, or approved drainage
system unless authorized by the Rice Creek Watershed District::.
City Council meeting of May 15, 1989
Page 5
9. No activities will be permitted on site other than those specifically
identified in this special use permit.
10. Any violation of the terms or conditions of this special use permit
shall be grounds for immediate termination as per city ordinance.
11. The required Mining Permit shall also be secured.
VOTING AYE: McAllister, Jesinski, Vail, Atkinson
VOTING NAY: Olson
Motion Carried.
Atkinson made motion, McAllister seconded, to approve the application of
Jim and Robert Dotte for a Mining Permit to allow for the removal of black
dirt for landscaping purposes on a 20 acre tract of land located at the
northeast corner of Fenway Avenue and 165th Street' The Mining Permit is
issued subject to the following special conditions:
1'
Review of this
site plan by
the Minnesota Dept. of Natural Resources.
2.
No dumping or
stockpiling of
construction materials or other landscape
materials will
be permitted
on site with the exception of the
stockpiling of
black dirt removed
from the ponding area.
3.
Soil materials
removed from
the site shall be limited to 18" to 24" of
black dirt as
indicated on the
site plan.
4.
The area to be
mined must be
improved as a wildlife pond with the
seeding of the
ponding areas
to be done annually.
5. All access driveways to the site must be installed and maintained
complying with the city's driveway permitting process and culverts
must be installed where required.
6' All spring roadway restrictions must be adhered to with regard to
activities taking place on the site.
7. This permit shall be issued for a period of 24 months beginning from
date of approval (5/15/89).
S. At the expiration of this permit all seeding shall be accomplished and
the site shall be left in a safe and acceptable condition. City code
enforcement officer shall be permitted access to the site in question
to assure compliance with this permit.
9. All nuisances on site are to be abated pursuant to Chapter 200 of the
city code.
10. Gates shall be provided at all accesses to the site and "NO
TRESPASSING" marked signs shall be installed adjacent to all roadways.
11. A financial deposit in the amount of $2,000, in a form acceptable to
City staff, shall be required to assure compliance with conditions of
the Special Use Permit and Mining Permit.
12. No structures, signs, or lighting shall be placed on the site without
first securing the required permits from the City of Hugo.
13. The operation of heavy equipment on site shall be done between the
hours of 7:00 AM and 7:00 PM, Monday through Saturdays.
14. Inspections of the activities on site may be conducted by the city at
least twice annually.
15. Heavy equipment and construction materials may not be stored on site
except for equipment used in the removal of black dirt as requested.
16. No dumping of construction materials, brush, wood, or other
unauthorized materials will be permitted on site.
17. Hauling from the area in question will not be permitted until after
the road restrictions are lifted in May of each year.
City Council meeting of May 15, 1989
Page b
18. The permit be issued for a 24 month period or until. the 1.8" to 24" of
black: dirt is removed whichever comes first..
19. Where applicable, all conditions of the SUP shall be complied with or
this permit will be revoked by the City.
VOTING AYE: McAllister, Jesinsk:i, Olson, Vail.
VOTING NAY: Olson
Motion Carried.
APPOINTMENT OF ADMINISTRATIVE INTERN
As per budget authorization, the City has received applications for the
position of administrative intern with the City of Hugo. The position
would involve work: primarily in the area of planning and zoning in
addition to other assignments including the City Hall Newsletter, budget
research, and other duties as required. The City has interviewed and is
recommending the appointment of Mr. Stu Schmeling to this 6 -month position
at the rate of $6.00 per hour plus a $100 a month: housing allowance. City
staff is recommending appointment of this position effective May 15, 1989.
Atkinson made motion, Jesi.nsk:i seconded, to appoint Mr. Stu Schmel.ing as
administrative intern for a six month period effective May 15, 1989 at the
recommended rate of compensation.
All. aye. Motion Carried.
PRELIMINARY PLAT - SUNNY CREEK ACHES
On behalf of Area Land Developers of Hugo, Mr. Dennis Murray has made
application to the City of Hugo for the subdivision of a 20 acre parcel of
land into 42 single family residential lots. The property in question is
zoned SFU, and is located at the northeast corner of 140th Street and
Fenway Avenue. In 1988 the Hugo Planning Commission recommended approval
of the preliminary plat for this same parcel of land involving subdivision
of land into one acre lots as requested by then owner- Mr. John Kostuc:h.
Later in the year, Mr. Ko,tuch chose to drop this project and not proceed
with final plat approval.. The current owners of the site wish to
subdivide this property into smaller lots and serve it with utilities,
street, curb and gutter, storm water drainage, and other amenities
required for this type of development. The property in question is
generally described as part of the SE 1:4 of Section 19 and the SW 1/4 of
Section 30l T31N, R21W in the City of Hugo. This matter was reviewe=d by
the Hugo Planning Commission at public hearings geld on March 22, 1989 and
again on April ?a, 1989. Several property owners s adjacent to the: site in
question appeared at. the PC meaeting, and indicated their concern regarding
traffic, road conditions, drainage, ro:".'.d improvements, and excessive
population densit,! for tiix.` area. L1c•vc7.o,..,ers fia:r_ submitted drainage
plan, utilities plan, and the preliminary plat for this site. The Council
was provided copies of the traffic analysis for this area as well
copies of the approved RCWD permits and previous engineering reports. Ti.te
revised drainage and utility plans were to be submitted to the city
engineer so that he would be prepared to have a report available= for the
City Council meeting of May 15, 1989
Page 7
Council meeting. The utility plan calls for a looped watermain system
within and around the development in question. Sanitary sewer will be
extended to serve all residential lots and the storm water drainage plan
is being designed to drain all water to the streets then in an easterly
direction to ultimately outlet to a holding pond on the northeast corner
of the site. Bituminous streets and concrete curb and gutter will be
installed throughout the site. All utilities are to be extended to the
site and shall be at the expense of the developer. The city staff is
recommending that 140th Street from Highway 61 to Fenway Avenue also be
improved with bituminous surfacing at the developer's expense. The
Council should note, however, that at this time, primary concern should be
with the preliminary plat itself as the utility and on-site improvement
issues can be dealt with in the development agreement prior to approval of
the final plat. The review and recommendations of the PC and staff are
based on the assumption that the project will be developed as submitted in
the preliminary plat' The staff is also recommending payment of a fee in
lieu of parkland dedication. The Planning Commission recommended approval
of the preliminary plat subject to special conditions.
City Engineer Kuusisto stated that he had not received copies of the
revised drainage and utility plans so he was not prepared to make a
report' It was his opinion that there were several concerns yet to be
addressed by the developers as indicated in his report of 4/27/89. Mr.
Kuusisto felt that resolution of these concerns could be dealt with in the
development agreement. Mr. Dennis Murray objected to the requirement that
they be responsible for the improvement of 140th Street to serve this
development.
McAllister made motion, Vail seconded, to approve the preliminary plat of
Area Land Devlopers of Hugo for the subdivision of a 20 acre parcel of
land into 42 single family residential lots located at the northeast coner
of 140th Street and Fenway Avenue' The property is generally described as
part of the SE 1/4 of Section 19 and the SW 1/4 of Section 30, T31N, R21W.
Preliminary plat approval is subject to the following special conditions:
1. The final plat must be submitted to the city council within 90 days of
preliminary survey acceptance or approval shall be null and void.
2. Final plat approval shall be contingent upon compliance with the
survey approvals, as well as the grading, stormwater drainage, and
utility plans as recommended by the city engineer.
3. All conditions of plat approval must be met prior to the stamping of
any deeds for recording by the city clerk unless otherwise permitted
by council action.
4. The property lines on site 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 permits shall be issued until the plat has been approved
and recorded with Washington County.
6. Securing the required permits from the watershed district for
stormwater drainage is required prior to final plat approval.
7. All fees relating to this subdivision shall be paid by the applicant
including the cost of recording documents with Washington County.
S. Payment of fee in lieu of parkland dedication shall be paid to the
city prior to final plat approval.
City Council meeting of May 15, 1989
Page 8
9. Installation of required roadways including street, curb and gutter,
stormwater control, and utilities shall be installed at the developers
expense'
10. Final plat approval shall be contingent upon full compliance with the
developers agreement between the city and developer.
11. No improvements, landscaping, or grading shall be permitted in the
defined drainage areas without the express written authorization of
the city and the approved watershed districts'
12. All property owners shall be responsible for maintenance of drainage
areas within easements on their property.
13. The developer shall deposit with the city an initial amount of $10,000
to cover legal, engineering, administrative, and other costs related
to this development.
14. The developer shall provide a financial guarantee equal to 1.25 times
the amount of the required public improvements to be installed to
serve lots within this development'
15' The developer shall be responsible for street signs, identifying
mailbox locations, providing as -built drawings, installation of trees,
and culverts within the development as required.
16. No significant deviations from the approved preliminary plat shall be
permitted unless reviewed by the planning commission prior to council
approval.
17. Any exterior lighting or advertising activities on site must be
approved by the city.
18' The use for which this permit is sought is not in violation of any
restrictive covenants applying to the property referenced herein.
19. The developer shall permit access to the referenced site for periodic
inspections to assure conformance with this special use permit'
20. All drainage and erosion control methods proposed for this development
shall be complete prior to the city accepting the roadway or public
improvements serving said development.
21. Watermains shall be extended to and through the site at the
developer's expense'
22. The final plat should address the reconfiguration of the railroad
crossing at 140th St. for improved visibility'
23. Grading of the site shall be such to assure drainage of the site to
the proposed holding pond.
24. The 140th St. access to the development shall also be improved to
bituminous surface from Hwy #61 to Fenway Ave. at the developer's
expense.
All aye. Motion Carried'
Mr. Murray questioned the "fairness" of Item 24 of the preliminary plat
approval. The Council considered his request and made no change in the
condition.
qQINANCq Z (KEVIN MANN)
The City has been in receipt of several complaints of area residents
regarding the condition of the property located at 5425 165th Street,
Hugo, MN owned by Hr. Kevin Mann. In February, 1984, the City Council
approved a SUP authorizing Mr. Mann to construct a pole barn on his
City Council meeting of May 1.5, 1989
Pages 9
property described as the North 300' of the Wert: 1.60' of the E 1/2 of the
NW 1./4 of the SW 1/4 of Section 8, T3iN, R21W, in the City of Hugo prior
to the construction of his residence. Mr. Mann secured a building permit
and cid construct his personal residence in 1984. Since ice that time,
however, it appears that Mr. Mann has been operating a
commercial/industrial construction company on the site in question. The
site appears to have become more of a construction bone yard than a
residential dwelling. The activities on site appear to be in violation of
the city's ordinance with regard to permitted use in a conservancy zone.
It appears rather obvious that Mr. Mann is storing his equipment and
materials for his swimming pool/construction business on the site in
question. Mr. Mann has been advised by the City to clean up the site or
apply for a SUP authorizing the use of his site for the purposes of
specified. The Council was encouraged to visit site prior to tonight's
Council meeting. If the City Council wishes to direct the clean up of
this site, city staff recommends that appropriate notice be published and
sent requesting that Cir. Mann appear before the City Council with regard
to his intent to deal with these violations.
Atkinson made motion, McAllister seconded, that they City Council directs
city staff to publish the required notice and Cir-. Mann be notified that he
has to appear before the Cit`. Council with regard to his intent to dE:al
with ordinance violations.
All ave. Motion Carried.
PETITION FOR ELMCREST AVENUE ROAD SUPPORT
Mr. William Houle has requested an opportunity to appear- before the City
Council to request. your support of a petition to get both Anoka and
Washington Counties involved in improving Elmcrest Avenue. Cir. Houle has
indicated he will be present at the Council meeting to explain in more
detail what their- plans are to secure County involvement.
Mr. Heit..tle was interested in scheduling a meeting with, a representative
from all affected governmental agencies (Forest Lake, Columbus Township,
Hugo, Washington County, and Anoka County) to try and reach some kind of
agreement to improver Elmcres t Avenue.
M I SC;ELL.ANE EJUS
"Ir. Brian Alexander and his neighbors, residing in Hugo Meadows, appeared
before;. the Cot.nci.l to discuss their concerns with the holding pond located
adjacent to their- property. Pictures were presented showing the pond as
it exists, and the residents wanted some kind of assurance that the pond
will be completed as promised. Thie:, residents were .'informed that. the City
has been in contact:. with Harstad Companies, dE_=':elc?p{'.r of Hugo Meadows, and
that there are plans to have the pond completed as soon as possible.
The Council discussed the Ed Fash,ingbauer pond and its inability to hold
water after roadwork was done on Good`Jiew Avenue.
City Council meeting of May 15, 1989
Page 10
COUNCILMAN DEANS VA 1 L LEFT THE: MEETING AT 9:45 PM.
McAllister made motion, Jesinski seconde=d, that city staff be authorized
to negotiate an agreement between the Fashi.nghauers and the City of Hugo
for further work: on the Fashingbauer pond and then obtain a Release
Agreement signed by the Fashingbauers.
All aye. Motion Carried.
Atkinson made motion, McAllister seconded, to amend the City
Administrator's employment contract as follows, and authorise the Mayor
and City Clerk: to sign the revised contract on behalf of the City:
1.
The
contract be extended to
July
1, 1991.
2.
The
city
will contribute $3,000
to an approved
deferred comp plan for -
the
city
administrator prior
to
July 1, 19e9.
3.
The
base
salary for the city
administrator
be
increases{ by 5%
effective
January 1., 1990.
4.
The
city
will contribute $,000
to an approved
deferred comp plan for -
the
city
administrator prior
to
July 1, 1990.
5.
The
base
salary; for the city
administrator
be
increased by at least 5%
effective
January 1, 1991.
All ave. Motion Carried.
Jesinsk:i made motion, Olson seconded, to adjourn at 9:50 PM.
All aye. Motion Carried.
Mart: Arr Creager, City�C erk:
City �{f Hugo :,