HomeMy WebLinkAbout1988.05.02 CC MinutesMINUTES FOR THE CITY COUNCIL MEETING OF 1'U)Y_-, .9EL
The regular meeting was called to order by Mayor Atkinson at 7:00 PM.
PRESENT: Potts, Olson, Vail, Atkinson
City Administrator, Ken Huber
City Attorney, Charles Johnson
City Engineer, Howard Kuusisto
City Clerk, Mary Ann Creager
ABSENT: Peltier
Vail made motion, Olson seconded, to approve the minutes of April 18, 1988
as submitted.
All aye. Motion Carried'
Potts made motion, Vail seconded, to approve the General Claims for May 2,
1988 in the amount of $5,335.85.
All aye. Motion Carried.
Vail made motion, Olson seconded, to approve the Utility Claims for May 2,
1988 in the amount of $4,422.99.
All aye. Motion Carried.
LIONS CLUB OF FOREST LAKE (CHARITABLE )
Atkinson made motion, Vail seconded, that the City of Hugo has no
objection to the Forest Lake Lions Club selling pulltabs at RJ's Bar and
Restaurant, 13891 Forest Boulevard, and waive the 30 day waiting period'
All aye. Motion Carried.
ON/OFF SALE NON -INTOXICATING LIQUOR (D. TAVERNIER)
Mr. Darrell Tavernier has made application to the City of Hugo for on and
off sale non -intoxicating liquor licenses as well as cigarette license for
the Lakeview Inn boat rental and beverage sales establishment on Bald
Eagle Lake. This is a request for renewal of the licenses as the City
Council has granted similar requests to Mr. Tavernier in previous years.
The Washington County Sheriff's Office has reviewed the applications, and
has found no liquor violations for the establishment in question. If the
City Council elects to approve the license, we would recommend said
approval be subject to securing allother required licenses as well as
compliance with health, safety, and other requirements of the municipal
code.
Potts made motion, Vail seconded, to approve an on/off sale non -intoxicat-
ing liquor license and a cigarette license for the Lakeview Inn (Darrell
Tavernier), 4444 129th Street, in the City of Hugo. Approval of this
license is subject to Mr. Tavernier securing all other required licenses
as well as compliance with health, safety, and other -requirements of the
municipal code.
All aye. Motion Carried.
City Council meeting of May 2, 1988
Page 2
Counciimember Peltier arrived at 7:06 PM:'•
MODERN AUTO PARTS (LICENSE RENEWAL)
At the April 18, 1988 regular meeting of the Hugo City Council, action was-
taken
a=taken calling for a public hearing requesting that Mr. Roger Dupaul and
Mr. Horton appear before the Council to show why the city should not
refuse renewal of their auto dismantling licenses and special use permit.
The required licenses and permit were approved for the individuals in
question in 1986 subject to meeting certain requirements. Mr. Dupaul and
Mr. Horton have failed to meet these requirements, and did not receive
renewal of their license in the fall of 1987. As a matter of fact, Mr.
Dupaul did not appear before the Council to get his license renewal until
just prior to the first of the year. The Council's approval at that time
was for a temporary license to expire on April 1, 1988 subject to special
conditions outlined therein and the request of the city sent in a letter
to Mr. Dupaul. On April 4th of this year, Mr. Dupaul appeared at City
Hall and stated he still did not comply with the special conditions and
requests of the city, and wanted to know when the City Council was going
to consider renewal of his license. Mr. Dupaul has not complied with any
of the Council's requests and special conditions, and continues to operate
on an expired permit. Mr. Dupaul has had a record of problems with the
Washington County Health Department with regard to his operation, and has
openly admitted that he has buried tires, auto parts, and other materials
at various locations on his site. Mayor Atkinson and other members of the
Council have requested that the city attorney outline the necessary
procedure to terminate the Modern Auto Parts auto dismantling activities
taking place on the property identified herein. Notices of the hearing
were sent to Mr. Dupaul and Mr. Horton's representative, Jim Flannery.
Mr. Flannery and Mr. Dupaul were present at the Council meeting to discuss
non-compliance with the special use permit as granted by the City Council
on 12/7/87. Mr. Flannery stated that he could prove that Mr. Dupaul is
now in compliance with all conditions setforth in the permit and proceeded
to go through each item of the special use permit as issued in 1986.
Hugo's Fire Chief and Washington County Public Health Department have made
on-site inspections of the dismantling yard, and have found Mr. Dupaul to
be in compliance with their regulations. Mr. Flannery admitted that Mr.
Dupaul has failed to meet city regulations in the past, but that he is now
in compliance, and will provide a legal description and the financial
security.
Atkinson made motion, Peltier seconded, to renew the Auto Dismantling
License for Roger Dupaul dba Modern Auto Parts, 1681,E Forest boulevard,
until May 16, 1989, provided that Mr. Dupaul post a letter of credit in
the amount of $1500.00 to insure compliance with the conditions of this
permit, and submit a legal description of his business site within 14 days
of this date (5/2/88), and subject to the following conditions:
1. All existing fences surrounding the premises shall be maintained in a
condition satisfactory to the city at all times.
2, The driveway shall be maintained clear at all times so that customers
are not prevented from reaching the parking area, and no auto dis-
mantling may be conducted within fifty (50) feet of the parking area.
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City Council meeting of 5/2/88
Wage _
3. The owner/operator shall submit a plan indicating fire lanes and the
layout of the auto dismantling yard and the area where automobiles are
stored, to the City of Hugo, within twenty (^("-)) days after the date of
this auto dismantling license. In the event the existing conditions.
do not comply with the plan layout as submitted, the owner/operator
shall cause the automobiles and other materials within the auto
dismantling yard to be rearranged to comply with said plan within
ninety (90) days after the date of this auto dismantling license. It
is understood that in the preparation of said plan, the owner/operator
shall provide fire lanes between stored automobiles, and between the
stored automobiles and the boundaries of the property. Said fire
lanes so aranged to be a minimum of ten (10) feet in width at ground
level and to the height of stacked automobiles, and no more than two
(2) rows of stored automobiles shall be stacked between fire lanes. A
spacing of at least ten (10) feet shall be maintained for any
automobiles, parts, or materials, from any building, or a spacing in
excess of ten (10) feet that may be necessary to provide adequate fire
protection.
4. No tires are to be piled along the southerly property line and must be
disposed of in a manner acceptable to be (Minnesota Pollution Control.
Agency and the Washington County Public Health Department.
5. Cars or other vehicles stacked in the auto dismantling yard shall not
be stacked over a height equivalent to two O passenger autos.
b. The owner/operator shall provide on the site, an adequate storage tank.
to hold any crankcase oils or gasoline or other petroleum products
which may be drained from the stored vehicles prior to their
dismantling.
7. The owner/operator shall cause signs to be erected and/or maintained,
notifying customers not to park: on Highway 61, and directing customers
to the paved parking area herein required.
A. A letter of credit or cashier's check::, in the amount of $1,500.00,
shall be posted with the City of Hugo to insure that the conditions of
the license are complied with.
9. Any change of operation of said auto dismantling yard shall require
application by the owner for an amendment of the special use permit
prior to any such change of operation being implemented. The city
recognizes that there are two (2) operations and licenses issued undes-
the special use permit. All operations shall conform with all
conditions of this permit.
10. The owner/operator is to install a monitoring well and the test must
be performed by a laboratory of the owner's/operator's choice, and
should be tested for oil, gas, lead, transmission fluid, etc.
11. All activities on site shall not cause the altering of any
watercourse, ditch, or drainage system in this area.
1. No auto parts, tires, and other miscellaneous debris may be buried on
site.
13. All interior roads on site, identified in the site plan, shall be kept
open at all times for access by firefighting vehicles and to assure
adequate access to all locations on site.
14. All flammable liquids stored on site shall be in compliance with city
fire marshall's requirements.
15. Functional fire extinguishers shall be provided in the office and all
vehicles used on site.
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City Council meeting of 5/2/88
Page 4
16. The trench dug around the lot in question must be kept open at all.
times and may not be filled without the consent of the City of Hugo.
17. All auto dismantling and other activities on site must be conducted in
a manner acceptable to the Minnesota Pollution Control Agency and
Washington County Public Health Department.
18. The licensee shall provide the City of Hugo with site access to
inspect for compliance with this license.
19. This license, as herein conditioned, shall be reviewed as specified.
The violation of conditions herein set forth may result in the
revocation of the license at any time.
20. All activities authorized and affected by this permit shall be
confined to the property described as follows (legal).
All aye. Motion Carrried.
REQUEST FOR MINOR SUBDIVISION (DEFOE)
Steven and Cheryl DeFoe have made application to the City of Hugo for the
subdivision of a 149' x 167' tract of land located in the plat of
Charpentier's Addition in the City of Hugo. The property in question is
zoned SFU and is located north of 141st Street between Highway 61 and Egg
Lake. Currently, there is a residence located on the site in question
(5598 141st Street North), and it is the intent of the applicant to remove
the house and sell proposed lots A and B for the construction of two
single family dwellings. There are utilities currently available to serv,
the site identified as Lot 1 of the recorded plat of Charpentier's
Addition except the west 125' and except the east 25' thereof. The
applicants have requested waiver of the formal platting procedure. The
property appears to meet all subdivision requirements, and are of an
appropriate lot size. The Planning Commission unanimously recommended
approval of the subdivision application, and the waiving of the formal
subdivision requirements at their meeting of April 27, 1988, subject to
special conditions.
Vail made motion, Potts seconded, to approve the final certificate of
survey #5-2-88(A) for Steven and Cheryl DeFoe, waiver of the formal
platting procedure, for the following described property: Lot 1 of the
recorded plat of Charpenteir's Addition except the west 125' and except
the east 25' thereof. Approval is subject to the following special
conditions:
1. All conditions of the approval must be met prior to stamping any deeds
or recording by the city clerk unless otherwise permitted by Council
action.
2. All property lines must be identified on site by the applicant to show
proper building setbacks if required by the building inspector.
3. Driveways or drainage areas must include installation of a minimum 15"
diameter corrugated metal culvert in a manner acceptable to the city.
4. All fees relating to this subdivision shall be paid by the applicant
including the cost of recording documents with Washington County.
5. On-site activities permitted as a result of this subdivision shall not
cause the altering of any watercourse, ditch, or drainage system in
the area.
6. Payment of all parkland dedication fees shall be made prior to final
subdivision approval.
City Council meeting of 5/2/88
Page 5
7. No future subdivision of these parcels shall be permitted.
B. The existinq dwelling on site must be removed prior to the stamping of
any deeds or issuance of building permits unless financial security is
provided to the city in the form of a $2,000.00 cashier's check:: or -
letter of credit assuring that the building in question will be
removed within 30 days of final survey approval.
All aye. Motion Carried.
REQUEST FOR MINOR SUBDIVISION (TEADT)
Michael and Laurie Teadt have made application to the City of Hugo for the
subdivision of a 41.6 acre parcel of land into two parcels, one containing
a 20 acre tract and one a 21.6 acre tract. The property is located in the
east 1/2 of the southwest 1/4 of Section 6, T31N, R21W, Washington County,
Minnesota. The property in question is zoned agriculture, and the lots
proposed, appear to meet the minimum lot size requirements. The
applicants have requested waiver of the formal subdivision requirement and
intend to use the property for residential purposes. The Planning
Commission unanimously recommended approval of the subdivision
application, and waivering of the formal subdivision requirements at their
meeting of April 27, 1988, subject to special conditions.
Potts made motion, Peltier seconded, to approve the preliminary survey for
Michael and Laurie Teadt to subdivide 41.6 acres into two parcels, one
containing a 20 acre tract and one a 21.6 tract, waiver of the formal
platting requirements, and subject to the following conditions:
1. A final survey must be submitted to the Council for approval within 90
days of preliminary acceptance or this approval shall be null and
void.
2. All conditions of the approval must be met prior to stamping any deeds
or recording by the city clerk unless otherwise permitted by Council.
action.
3. All property lines must be identified on site by the applicant to show
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 this subdivision shall be paid by the applicant
including the cost,of recording documents with Washington County.
6. On-site activities permitted as a result of this subdivision shall not
cause the altering of any watercourse, ditch, or drainage system in
the area.
7. Payment of all parkland dedication fees shall be made prior to final
subdivision approval ($125.00).
All aye. Motion Carried.
REQUEST FOR MINOR SUBDIVSION (SCHUNEMAN)
Carl and Janet Schuneman have made application for a minor subdivision and
waiver of the formal subdivision requirements for a 33.06 acre tract of
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City Council meeting of 5/2/88
Page b
land zoned agricultural, and located on part of the NW 1/4 of Section ?.-_:�,
T31N, R21W, Hugo, Minnesota. The property in question is located on the
north side of 125th Street approximately 1/2 mile east of Goodview
Avenue. Mr. Schuneman proposes to subdivide the tract of land in question
into three parcels, ranging in size from 10 to 12.5 acres. A number of
years ago, Mr. Schuneman sold Parcels 1 and 2 of the proposed subdivision
to the individuals noted on the survey by unrecorded contract for deed.
The sale was done without properly subdividing the property and the
property owners now cannot record their deeds as the land has not been
legally subdivided. In 1979, the city authorized the creation of three 1C)
acre lots immediately east of the parcel in question by land division.
The parcels proposed met the minimum acreage, and we can see no objection
to this subdivision to resolve the problem of getting the deeds properly
recorded with the county. We should note again, however, that the use of
minor subdivisions to circumvent the formal platting process is not
recommended. Mr. Schuneman owns a considerable amount of acreage in this
area, and we would recommend that any further subdivision of his property
be carefully planned and approved by formal platting. This matter was
reviewed by the Hugo Planning Commission at a public hearing on April b,
1988. Following the public hearing, the Hugo Planning Commission
unanimously recommended approval of the minor subdivision and waiver of
the formal platting procedures subject to special conditions.
Mayor Atkinson questioned the right-of-way width on 125th Street, and
asked the city engineer to look: into to insure proper roadway width.
Atkinson made motion, Peltier seconded, to approve the final certificate
Of survey #5-2-98(b) for Carl and Janet Schuneman, waiver of the formal
platting procedure, for the following described parcel of land: Part of
the NW 1/4 of Section _?, T.31N, R21W. Approval is subject to the
following conditions:
1. All conditions must be met prior to the stamping of any deeds for
recording by the city clerk unless otherwise permitted by Council
action.
2. The property lines must be identified on site by the applicant to
assure proper setbacks when buildings are to be constructed if
required by the building inspector.
3. Driveways or drainage areas must include installation of a minimum 15"
diameter corrugated metal culvert in a manner acceptable to the city.
4. All fees relating to this subdivision approval shall be paid by the
applicant including the cost of recording documents with Washington
County.
5. On-site activities permitted as a result of this subdivision shall not
cause the altering of any watercourse, ditch, or drainage system in
this area.
b. Residences built on this site must be located in the proximity of the
soil test area or additional soil tests will be required prior to
issuance of a building permit.
7. All parkland dedication fees shall be paid prior to approval of the
final survey ($250.00).
S. No filling of any of the wetlands identified on Parcels 2 and .35 shall
be permitted without first securing approval from the DNR, Division of
Waters.
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City Council meeting of 5/2/88
Page 7
9. Any further subdivision of this property or adjacent properties owned
by Mr. Schuneman or subsequent owners shall be done by formal
platting.
10. Any easements required by the DNR or RCWD for the wetlands area on
site shall be granted by applicant to the appropriate agency as
requested.
11. The applicant shall dedicate to the city for roadway purposes
identified right-of-way for 125th Street noted on sheet 1, bottom of
page.
12. The drainage easements required shall be provided to the city or
appropriate watershed district.
All aye. Motion Carried.
REQUEST FOR VARIANCE (R. BERGER
Mr. Bob Berger and Mr. Charles Shubat have made application to the City of
Hugo for a variance to construct a residence behind an existing pole
building (accessory building closer to road than principal building). The
property in question is located in the north 1/2 of the south 1/2 of the
south 1/2 of the northwest 1/4 of Section 22, T'1N, R21W (ak::a 14578
Homestead Avenue). Mr. Berger has stated that the variance is needed
because of the required setbacks, size of the home, and location of nearby
wetlands. The Board of Zoning Adjustments considered this matter at their
meeting of April 26, 1988, and unanimously recommended approval of the
variance request to construct a residence further from the road than the
existing pole building because of the location of two ponds on the
property and the contour of the land.
Potts made motion, Peltier seconded, to approve the variance for Mr.
Robert Berger, 14578 Homestead Avenue, to construct a residence further
from the road than the existing accessory building because of the location
of two ponds on the property and the coutour of the land.
All aye. Motion Carried.
SUBDIVISION ORDINANCE
Atkinson made motion, Peltier seconded, to table this matter until the
regular City Council meeting of 5/16/88.
All aye. Motion Carried
ACCEPT 1987 MUNICIPAL AUDIT
To meet required reporting and publication of an audit summary, it is
necessary that the City Council accept the 1987 municipal audit.
Atkinson made motion, Peltier seconded, to accept the annual municipal
audit for the 1987 fiscal year.
All aye. Motion Carried.
City Council meeting of 5/2/88
Page 8
AUTHORIZE LAW ENFORCEMENT SERVICES CONTRACT
Washington County Sheriff's Office has submitted its revised law
enforcement services contract for the 1988/89 contract period. Total cost
of law enforcement services in 1988 based on this contract will be
approximately $175,000. This figure is up from the $166,000 actually
spent in 1987. Also keep in mind that the cost of law enforcement
services increased from $1.31,000 in 1986 to $166,000 in 1987. This does
not involve any additional services to the community. The 1988 budget for
law enforcement services is $163,000, however, the city will receive a
credit for a squad car when purchased and leased to the county. Based on
the information provided, the cost of law enforcement services to the city
has increased by ?•_% since January 1, 1986. The contract appears to be in
order and reflects the arrangements previously discussed with the county.
i
Atkinson made motion, Olson seconded, to adopt RESOLUTION 88-19,
RESOLUTION AUTHORIZING THE MAYOR TO SIGN THE LAW ENFORCEMENT SERVICE
CONTRACT BETWEEN THE CITY OF HUGO AND WASHINGTON COUNTY FOR THE 1988/89
CONTRACT PERIOD.
VOTING AYE: Peltier, Potts, Olson, Vail, Atkinson
VOTING NAY: None
Motion Carried.
PETITION FOR PUBLIC IMPROVEMENT (INGERSOLL AVENUE
The residents of Ingersoll Avenue, east of Sunset Lake, have petitioned
the City of Huqo for installation of bituminous surfacing on said roadway
running from County Road 10 north approximately 3700 feet. It appears
that the petition contains the necessary signatures to pursue this request
pursuant to Chapter 429 of the public improvement code.
Atkinson made motion, Peltier seconded, to adopt RESOLUTION 88-20,
RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF
REPORT FOR INGERSOLL AVENUE/SUNSET LAKE P.I. PROJECT #5-2-88.
VOTING AYE: Peltier, Potts, Olson, Vail, Atkinson
VOTING NAY: None
Motion Carried.
Atkinson made motion, Olson seconded, to adopt RESOLUTION 88-21,
RESOLUTION RECEIVING REPORT AND CALLING PUBLIC HEARING FOR INGERSOLL
AVENUE NORTH/SUNSET LAKE P.I. PROJECT #5-2-88.
VOTING AYE: Peltier, Potts, Olson, Vail, Atkinson
VOTING NAY: None
Motion Carried.
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CitY Council meetinq of 5/2/98
Page 9
1988-1993 CAPITAL IMPROVEMENTS PROGRif: ,.M
In a response to Council direction at their work: session on April '20,
1988, the staff has prepared resolutions establishing a street improvement
policy, adopting of five-year capital improvements program, and directing
the city engineer to proceed with the feasibility report to implement said
program.
Atkinson made motion, Olson seconded, to adopt RESOLUTION 88-,
RESOLUTION ESTABLISHING STREET IMPROVEMENT POLICY AND ADOPTING FIVE-YEAR
CAPITAL IMPROVEMENTS PROGRAM.
VOTING AYE: Potts, Olson, Vail, Atkinson
VOTING NAY: Peltier
Motion Carried.
Atkinson made motion, Olson seconded, to adopt RESOLUTION 88-23,
RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT OF ONEkA LAKE
BOULEVARD, HARROW AVENUE, GOODVIEW AVENUE, HOMESTEAD AVENUE, FALCON
AVENUE, 1_30TH STREET, 177TH STREET, AND HYDE AVENUE PROJECT #5-21-88(B)
VOTING AYE: Potts, Olson, Vail, Atkinson
VOTING NAY: Peltier
Motion Carried.
A group of Hugo residents were present at the meeting and requested
additional information about the improvements prepared by the city. The
city administrator reviewed the scope of the program and city options with
the audience. He also pointed out that the city has ordered no projects
at this time. Only the feasibility report has been ordered for the
proposed project. Mayor Atkinson noted that it was premature to talk.
about project specifics, costs, and assessments at this time.
MISCELLANEOUS
88 Bond Issue
Atkinson made motion, Peltier seconded, to reaffirm adoption of RESOLUTION
88-15, RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $85,00o GENERAL
OBLIGATION EQUIPMENT CERTIFICATES OF 1988 AND LEVYING A TAX FOR THE
PAYMENT THEREOF.
VOTING AYE: Peltier, Potts, Olson, Vail, Atkinson
VOTING NAY: None
Motion Carried.
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City Council meeting of 5/2/88
Page 10
Atkinson made motion, Vail seconded, to reaffirm the adoption of
RESOLUTION 88-15, RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF
$180,00-0 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1988.
VOTING AYE: Peltier, Potts, Olson, Vail, Atkinson
VOTING NAY: None
Motion Carried.
CITY ADMINISTRATOR'S CONTRACT
Atkinson made motion, Vail seconded, that the Mayor and City Clerk: be
authorized to sign the Employment Agreement between the City of Hugo and
Kenneth H. Huber for the period November 17, 1988 through July 1, 1990.
VOTING AYE: Potts, Olson, Vail, Atkinson
VOTING NAY: Peltier
Motion Carried.
Peltier made motion, Olson seconded, to adjourn at 9:270 PM.
All ave. Motion Carried.
Mary Creager, City C e k:
City o Hugo