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HomeMy WebLinkAbout1988.04.18 CC MinutesMINUTES FOR THE CITY COUNCIL MEETING OF APRIL 18'. 1988 The regular meeting was called to order by Mayor Afl::inson at 7:00 PM. PRESENT: Peltier, Potts, Olson, Atkinson City Administrator, Ken Huber City Cler4, Mary Ann Creager ABSENT: Vail Peltier made motion, Olson seconded, to approve the minutes for April 4, 1988 as submitted. All aye. Motion Carried. Olson made motion, Peltier seconded, to approve the General Claims for April 18, 1988 in the amount of $5,924.96. All aye. Motion Carried. Peltier made motion, Potts seconded, to approve the Utility Claims for April 18, 1988 in the amount of $709.68. All aye. Motion Carried. BOND SALE (P.I. PROJECTS AND EQUIPMEL411 As per Council direction, the staff has proceeded with the necessary steps to finance the Homestead Drive and 120th Street P.I. projects as well as the purchase of public safety equipment for the City of Hugo. The city's financial consultant (Ehler and Assoc.) has been putting together the bond sale package, and we received bids on the bonds earlier this afternoon (4/18!88). The bids were opened this afternoon, and Mr. Bill Fahey reviewed them with the Council. The principal amount of the financing package is approximately $210,000; however, the city will have to add in capitalized interest and other financial expenses as a part of the total bond issue. The 1st State Bank of Hugo was the low bidder on the financing for the equipment purchase with a net interest rate of 6.25%. Atkinson made motion, Olson seconded, to adopt RESOLUTION 1988-15, RESOLU- TION PROVIDING FOR THE ISSUANCE AND SALE OF $85,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF 1988 AND LEVYING TAX FOR PAYMENT THEREOF. VOTING AYE: Potts, Olson, Atkinson ABSTAINED: Peltier Motion Carried. Mr. Fahey reviewed the bond quotes for the P.I. project bonds. He noted that Moore Juran was the low bidder at a net interest rate of 7.01327%. Atkinson made motion, Peltier seconded, to adopt RESOLUTION 1988-16, RESO- LUTION PROVIDING FOR THE ISSUANCE AND SALE OF $180,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1988. All aye. Motion Carried City Council Meeting of April 18,19$8 Page 22 SPEC I int_. USE_. PERMIT ( J OHN. THOMMES ) Mr. John Thommes, 8844 122nd Street North, Hugo, Minnesota has made application to the City of Hugo for a special use permit to operate a tree service at 15457 Jeffrey Avenue in an agricultural district on the west half of Section 13 identified as Parcel #4 on a previously approved survey. Mr. Thommes has been operating a tree service in the City of Hugo on the site in question, and was not aware that he is required to secure the proper permits to proceed with his business. Mr. Thommes trims and removes trees then hauls the brush and wood to his land on Jeffrey Avenue where the wood is separated from the brush and is sold and the brush is burned. All burning an site is regulated by the city's permitting process. Mr. Thommes has agreed that all burning now, and in the future, will be done in accordance with the fire department's guidelines. Mr. Thommes also states that the property in question will be used only for the separating and burning of brush, and all equipment will be kept and maintained at a location other than the Jeffrey Avenue site. There were several neighbors who appeared at the Planning Commission meeting to express their opposition to this SUP request. The PC stated that the;: would not support a SUP for an indefinite period of time, but would be wiilinq to give Mr. Thommes 12 to 18 months to phase out his operation at the site in question. The PC recommended approval of the SUP subject to the following conditions: 1. The SUP be issued for a maximum period of 12 months beginning the date of approval by the City Council. 2. No signs or advertising be permitted on site. T. No heavy equipment be stored on site. 4. All activities on site be limited to the areas identified on the submitted site plan. 5. All boring 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. 6. The owner/applicant shall be responsible for reimbursement of costs incurred by the city to respond to fire tails 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. 8. 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 an 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 separation and sale of wood as well as the burning of brush as per Mr. Thommes' application. 12. No trespassing signs shall be posted at the entrance gates to the site. 39 City Council Meeting of April 18, 1988 Page _ 1.3. All activities on site shall be limited to those of Mr. Thommes' tree service, and depositing of wood and burning of same shall riot be allowed for others. 1.4. The site in question shall not be used as a depository for demolition materials, and shall be limited to the materials identified in the application. 15. This permit may be revoked at any time by the City Council for failure to adhere to the special conditions listed herein or other ordinance violations. 16. The owner/applicant shall permit access to the site by the city code enforcement officer at reasonable times to assure compliance with this SUP. 17. Applicant shall carry liability insurance to cover the burning on site and provide proof of same to the city. Mayor Atkinson and Councilmembers Potts and Olson agreed that the burning of wood/brush was not compatible with the surrounding residential neighborhood, and felt that the business should be phased out. Councilman Potts also stated that the business was not subordinate to the principal use, therefore, cannot legally be allowed. Atkinson made motion, Olson seconded, to approve the Special Use Permit for John Thommes to operate a tree service at 15457 Jeffrey Avenue in an agrict_tltural district on the west half of Section 13, subject to the 17 conditions listed above with the following changes; Item 1 - Special Use Permit to terminate April 30,1989. Item 10 - Hours of operation 7:00 AM to 6;( -)Ci PM. VOTING AYE: Atkinson, Olson VOTING NAY: Peltier, Potts Motion Failed. Potts made motion, Atkinson seconded, to deny the applicatin of John Thommes for a Special Use Permit to operate a tree service at 15457 Jeffrey Avenue in an agricultural district on the west half of Section 17 for the following reasons: 1. Business not subordinate use of residence. 2. Business not in character with surrounding neighborhood. VOTING AYE: Potts, Olson, Atkinson VOTING NAY: Peltier Motion Carried. MINOR SUBDIVISION REQUEST (DON SEMPEL) On behalf of Safeway Movers, Inc., Hugo, Minnesota, Mr. Don Sempel has made application to the City of Hugo for a minor subdivision and waiver of the formal subdivision requirements for an 18.5 acre parcel of land Lo City Council Meeting of April 18, 1988 Page 4 located in the southeast quarter of Section 8. T31N, R21(4. The property is located on the south side of 165th Street. and is several hundred feet west of Highway 61. The City of Hugo approved minor subdivisions for the site in question in 198•' and again in 1986. If the subdivision in question is approved, the city will have reviewed and authorized the creation of five lots on the industrial site in question. In light of the fact that the city has allowed minor subdivisions in the past, it would appear that future subdivisions no longer comply with the intent of the subdivision ordinance, and any future land splits of Parcels i and 2 on the proposed survey should be done by formal platting. The use of minor subdivisions is intended to deal with a one-time subdivision of land that creates less than four developable lots. It is not the intent of the ordinance to allow minor subdivisions for the purpose of circumventing the formal platting process. The Planning Commission recommended approval of the minor subdivision, and waiver of the formal platting requirements, subject to special conditions: Potts made motion, Peltier seconded, to approve the preliminary survey for Safeway Movers, Inc., (Mr. Don Sempel) for a minor subdivision and waiver of the formal subdivision requirements for an 18.5 acre parcel of land located in the southeast quarter of Section 8, T31N. R21W, and subject to the following conditions: 1. A final survey must be submitted to the Council for approval within 90 days of preliminary survey acceptance or this approval shall be null and void. 2. All conditions of this approval must be met prior to stamping any deeds for recording by the city clerk unless otherwise permitted by City Council action. 3. All property lines must be identified on site by the applicant to assure proper building setbacks if required by the building inspector. 4. Driveways or drainage areas must include installation of a minimum 15" diameter corrugated metal culvert in a manner acceptable to the city. 5. All fees relating to the subdivision approval shall be paid by the applicant including the cost of recording documents with Washington County. S. On-site activities permitted as a result of this subdivision shall not cause the latering of any watercourse, ditch, or drainage system in the area. 7. Payment of all parkland dedication fees shall be made prior to final survey approval ($125.00). 8. Approval of this subdivision shall not create any landlocked parcels adjacent to the site. 9. Any future subdivision of Parcels 1 and 2 of this survey shall be done by formai plat. All aye. Motion Carried. REZONING REQUEST (FRED MACALUS, JR.) Mr. Fred MaCalUs has made applicator to the City of Hugo for the rezoning of a 42 acre tract of land from conservancy to agricultural. The property in question is generally described as the east 638' of the NE 1/4 of the NW 1/4 of Section 5, T31N, R21W, Washington County, Minnesota, except the 41/ City Council Meeting of April 18, 1988 Wage 5 north 113" thereof and other easements. The property abutts an agricultural zone to the north and to the south. The zones to the east and west are both conservancy. It. is our understanding that the applicant ultimately intends to subdivide the property in question into three tracts for development purposes. The question before the Council at this time is whether or not an agricultural zone is appropriate in this area. If a rezoning is approved by the city, the Subdivision of land and other pertinent issues regarding development of this property would be reviewed during the Subdivision process. The Planning Commission reviewed this request at a hearing on April b, 1988. Several residents from the area affected appeared at the PC meeting and voiced their objections to the rezoning. Although the Planning Commission has recommended denial of this request, they stated they were not as opposed to the rezoning as they would be to a subdivision of the site into less than 20 acre tracts. They felt by approving the rezoning they would be implying that ten acre lots is this area Would be acceptable. The PC's recommendation for denial was based on the following reasons: 1. The topography of the land was not suitable for ten acre sites. 2. Because of the proximity to Hardwood Creek:, it is not suitable for density greater than one dwelling unit per 20 acres. 3. Potential drainage problems. 4. Foxhill Avenue ends at the north end of the property, and does not serve the entire tract in question. Major road improvements would be necessary to accommodate future Subdivisions in this area. Mr. Fred MaCalt_ls stated that it was not his intention to subdivide the property, if rezoned, into more than one 10 acre parcel because the balance of land was not Suitable for further residential development. The Council was not in favor of rezoning the entire 42 acre tract of land because of the swampy conditions, but was not opposed to rezoning 10 acres of the tract so that financing could be obtained for the house already constructed on the 42 acres. The newly constructed house, owned by Fred Macalus, Jr., is served by Foxhill Avenue. Should 10 acres be rezoned and subdivided, the remaining 32 acres would be landlocked which is not allowed by city ordinance. Mr. Macalus would be required to combine the remaining acreage with his property to the north or south. Mr. Macalus could also choose to place a restrictive covenant on the deed stating that there would be no further development of the property (32.5 acres) because of the water table and soil conditions on site. Mr. Macalt_ts stated that he would be withdrawing his application for rezoning of the 42. acre tract of land and resubmit an application for rezoning of 10 acres along with an application for subdivision. Atkinson made motion, Peltier seconded, that the City of Hugo accept Mr. Macalus' withdrawal of his application for rezoning. All aye. Motion Carried. City Council Meeting of April 18, 1980 Wage 6 PERSONNEL POLICY (RESOLUTION) As per earlier Council direction, the staff has prepared a detailed personnel policy to deal with full and part-time personnel of the City of Hugo. The existing policy of the city has been incorporated into this document with a few minor wording changes. Mr. Huber stated that it is extremely important to have a good comprehensive personnel policy to assist the city in dealing with not only its existing employees but for future recruitment purposes. The personnel policy allows for consistency in dealing with employees, and helps the employee know what the policies of the city are regardinq personnel issues. Atkinson made motion, Potts seconded, to adopt RESOLUTION 1988-17, A RESOLUTION ADOPTING A BASIC PERSONNEL POLICY FOR EMPLOYEES OF THE CITY OF HUGO. VOTING AYE: Peltier, Potts, Olson, Atkinson Motion Carried. SUBDIVISION ORDINANCE Upon unanimous consent of the Council, review of this ordinance was tabled to a future meeting of the Hugo City Council. EMPLOYMENT OF CODE ENFORCEMENT OFFICER The staff has completed interviews with the candidates for the code enforcement position. Two finalists have indicated a strong interest in accepting the position, and both have the credentials and experience to handle building, plumbing, mechanical, and septic system inspections. The arrangements worked out with the candidates are within the guidelines given to me by the City Council. The staff's recommendation is for employment of Mr. John P. Benson for code enforcement officer. Atkinson made motion, Potts seconded, to adopt RESOLUTION 1988-13, RESOLUTION AUTHORIZING EMPLOYMENT OF A FULL-TIME CODE ENFORCEMENT OFFICER. VOTING AYE: Potts, Olson, Atkinson VOTING NAY: Peltier Motion Carried. 13 City Council Meeting of April 18, 1988 Page HOCF`:EEY F I Ni::' MAINTENANCE (DISTRICT #624) The City of Hugo received a letter from the Hugo Elementary School. principal requesting some response from the city regarding future maintenance and responsibility for the lighted hockey rink- on school district property. Apparently, the hockey rink was maintained and floodc,�d in earlier years by volunteers. Over the last several years, the rink: has not been maintained, and was not flooded or utilized at all this past winter. The school is planning the recreational facilities on site, and are tentatively considering installation of a track in the vicinity of the hockey rink:. The school has indicated, however, that if the rink is maintained and utilized, they will consider keeping it there. If no one is to take responsibility for the hockey rink, the school district does not wish to be responsible for it and would like it removed from the site. The school district has indicated a willingness to work out some arrangement; however, they no longer want to be responsible for this facility on school district property. The City Council discussed this matter and decided that the city would like to retain the hockey rink at the Hugo Elementary School, and would see to it that measures are taken for its maintenance. MISCELLANEOUS Mayor Atkinson discussed the non-compliance of Roger Dupaul/Modern Auto Parts with his Auto Dismantling License. Atkinson made motion, Potts seconded, that the City Council direct the city staff to call for a public hearing to consider why the city should riot revoke the Special Use Permit and Auto Dismantling License for Roger Dupaul/Modern Auto Parts. Atkinson and Potts withdrew their motion. The City Council directed city staff to start due -process hearing for the Auto Dismantling License/Special Use Permit of Roger Dupaul for non-compliance of conditions of the permit. ADMINISTRATIVE INTERN Atkinson made motion, Olson seconded, that. the City Council hire Tom Marshall to serve as an administrative intern starting May, 1988. All aye. Motion Carried. It was noted that Mr. Marshall will work: a 4 -day workweek, and his rate of pay was as per previous Council resolution. SERVICE AGREEMENT Atkinson made motion, Olson seconded, that the mayor and city clerk: be authorized to sign the Service Agreement #4-1988 between the City of Hugo and the park maintenance contractor, Floyd J. Laska. All aye. Motion Carried. City Council. Meeting of April 14, 1988 Page g CAPITAL_. IMPROVEMENT PFtOJE.�:."i The Council. Council will hold a work session on Thursday, April 21, 1988, at 7:00 PM, to discuss the proposed capital improvements project. CABLg TV City Administrator suggested that because of the time involved with adoption of a cable TV ordinance/franchise, it would be cost effective to hire a consultant to help us through the process. Any costs incurred could be recaptured from the successful francise. The Council directed the city administrator to proceed and contact a consultant who could assist the city. Peltier made motion, Potts seconded, to adjourn at 9:37 PM. All aye. Motion Carried. Mary liqreager, City rk Citygo