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HomeMy WebLinkAbout1987.05.18 CC Minutes59 MINUTES OF THE PROCEEDINGS OF THE HUGO CITY COUNCIL May 18, 1987 The regular meeting of the City Council was called to order at 7:00 PM. PRESENT: Peltier, Potts, Vail, Atkinson City Administrator, Ken Huber City Engineer, Howard Kuusisto ABSETN: Bob Olson Motion made by Peltier, Potts.seconded, to approve the minutes of May 4, 1987 as submitted. All aye. Motion Carried. Motion made by Potts, Peltier seconded, to approve the General Claims for May 18, 1987 in the amount of $34,155.59. All aye. Motion Carried. Motion made by Vail, Peltier seconded, to approve the Utility Claims for May 18, 1987 in the amount of $356.43. All aye. Motion Carried. 5.A Hugo Lions Club (3.2 Beer License) On behalf of the Hugo Lions Club, Don Peterson has made�a,1Wcation to the City of Hugo for an on -sale 3.2 beer license to sell non-intox eve ges during Good Neighbor Days on June 5,6, and 7, 1987. The Hugo Lions Club has filed copies of certificates of insurance indicating they are carrying $1,000,000.00 in liability insurance and $500,000.00 in liquor liability insurance for this event. Motion made by Vail, Peltier seconded, to grant approval of an On -sale 3.2 beer license to sell alcoholic beverages during Good Neighbor Days on June 5,6, and 7, 1987, for the Hugo Lions Club All aye. Motion Carried. 5.B Gambling License - Forest Lake Lions Club The Forest Lake Lions Club has made application to the State Charitable Gambling Board to sell pull -tabs at RJ's Bar and Restaurant, 13891 Forest Boulevard, in the City of Hugo. Mr. Ewert, representing the Lions Club, had requested the City Council waive the 30 day waiting period to expedite their application. Motion made by Potts, Vail seconded, that the City Council has no objection to the Forest Lake Lions Club selling pull -tabs at RJ's Bar and Restaurant located at 13891 Forest Boulevard North in the City of Hugo, and waive the 30 day waiting period. All aye. Motion Carried. 7.A Law Enforcement Contract (Washington County) The Washington County Sheriff's Department has submitted for city consideration a revised Law Enforcement Services Agreement for the period beginning January 1, 1987 and ending December 31, 1987. The total estimated cost of payment for law TO May 18, 1987 enforcement services during the 1987 fiscal year is $165,865.26. This figure includes the $12,432.67 due to Washington County for services rendered in 1986 that have not been paid to date. The budget for law enforcement services in 1987, as approved by the City Council in the Fall of last year, is $141,946.00. Ken Huber, City Adminstrator, stated that Hugo pays for services actually received. The cost overrun were costs incurred in 1986 and carried over to 1987. After an audit of services rendered, the undercharge was realized. This information was not received until February, 1987, making it impossible for the city to budget for it in 1986. At this time, there appears no way to change the existing procedure for billing of services. Motion made by Potts, Peltier seconded, authorizing the Mayor and City Clerk to sign the agreement for Law Enforcement Services for the fiscal year 1987, between the COUNTY OF WASHINGTON and the CITY OF HUGO. All aye. Motion Carried. 8.A Site Plan Approval (Glamos Wire Products) On behalf of Glamos Wire Products, Mr. Joe Glamos made application to the City of Hugo for the construction of a 20,000 square foot addition to the existing Glamos Wire Products building located at 5564 152nd Street North. The property in question consists of approximately 5 acres and is zoned Industrial. The property is generally described as a part of the NW4 of the SE4 of Section 17, T31N, R21W, Washington County, Minnesota. Mr. Glamos has indicated an on-site storm water drainage plan is being prepared for review by the city engneer and approval by the RCWD. Mr. Glamos has indicated that he will be provid j dequate off-street parking to assure that customer and employee parking will not be necessary on 152nd Street. The drainage plan that is being prepared will serve the proposed addition as well as any future expansions,.. A new septic system will also be installed for the addi- tional building. Motion made by Atkinson, Vail seconded, to approve the site plan for Joe Glamos, Glamos Wire Products, 5564 152nd Street North, for the construction of a 20,000 square foot addition to the existing building on the property. The property is generally described as a part of the NW4 of the SE4 of Section T31N, R21W, Washington County, Minnesota. Approval of this site plan is subject to the fol- lowing conditions: 1. A building permit must be applied for within 120 days of plan approval, and substantial construction of any building and improvements must be underway within 120 days of permit issuance. 2. Property lines must be identified on site, by the petitioner, to assure proper building setbacks when buildings are constructed. 3. All driveways or improvements built over ditches or drainage areas must include installation of a 15" diameter corrugated metal culvert or other drainage improvements installed in a manner acceptable to the city. 4. No building permits will be issued until the required permits are secured from the appropriate watershed district, where applicable. 5. No significant deviations from the site plan shall be permitted unless reviewed by the City Council. 6. The site must be policed and maintained on a regular basis with regard to litter and on-site nuisances. 7. All fees relating to the review and issuance of this plan approval will be paid by the applicant including any engineering or legal costs. 61 May 18, 1987 8. Any exterior lighting for the activity proposed must be approved by the city building inspector. 9. Any exterior storage on site relating to the activities permitted by this site plan approval must be confined to a secured area approved by the City Code Enforcement Officer. 10. No fences, structures, or vegetation may be placed in on-site easements. 11. The use for which this plan approval is sought is not in violation of any restrictive covenant applying to the property referenced herein. 12. The activities on site will not adversely alter any watercourse, ditch, or drainage system. 13. The property owner/applicant must permit access to the referenced site for periodic inspections to assure conformance with1he site plan. All aye. Motion Carried. 8.B Site Plan Approval (Hugo Feed Mill) On behalf of the Hugo Feed Mill, Mr. Joe Marier has made application to the City of Hugo for site plan approval to construct a wooden dike around his fertilizer tank located at the southwest corner of 145th Street North and the Northern Pacific Railway Company rail line (portions of Lot 2 and 3, Block A, Railway Company sub- division of its Duluth/Shortline right-of-way). It is our understanding that the dike in question is being required by the State Department of Agriculture, and Mr. Marier must be in compliance within a specified period of time. The dike must meet state standards, and must be inspected and approved by the State of Minnesota. Motion made by Vail, Potts seconded, to approve the site plan application for T.J. Marier, Hugo Feed Mill, 5567 145th Street North, for the construction of a wooden dike around his fertilizer tank located at the southwest corner of 145th Street North and the Northern Pacific Railway Company rail line (portions of Lot 2 and 3, Block A, Railway Company subdivision of its Duluth/Shortline right-of-way) and approval is subject to the following conditions: 1. Any required building permit must be applied for within 120 days of site plan approval, and substantial construction of any building and improvements must be underway within 120 days of plan approval. 2. Property lines must be identified on site, by the petitioner, to assure proper structure setbacks when buildings are constructed if required by the city building inspector. 3. No building permits will be issued until the required permits are secured from the appropriate watershed district, when applicable. 4. No significant deviations from the site plan shall be permitted unless reviewed by the City Council followed by an amended site plan. 5. The site must be policed and maintained on a regular basis with regard to litter and on-site nuisances. 6. All fees relating to the review and issuance of this site plan will be paid by the applicant including any engineering and legal fees. 7. Any driveway permits requiring access to state highway or county roads may not be constructed until permits are secured from Washington County of MNDOT. 62 May 18, 1987 8. Any exterior storage on site relating to activities of this plan must be confined to the areas identified on the site plan. 9. No fences, structure, or vegetation may be placed in on-site easements. 10. The use for which this plan approval is sought is not in violation of any restrictive covenant applying to the property referenced herein. 11. The activities on site will not adversely alter any watercourse, ditch, or drainage system. 12. The property owner shall permit access to the referenced site for periodic inspections to assure conformance with the site plan. All aye. Motion Carried. 8.0 SUP/Variance (Wm. Wunderlich) Mr. William Wunderlich has made application to the City of Hugo for a SUP to allow for construction of a 401x 48' accessory building on his property in an agricultural district. The property consists of approximately 10 acres that is generally described as part of Section 14, T31N, R21W aka 15939 Ingersoll AVenue North. The total square footage of allowable accessory buildings in this zoning district is 3,600 square feet for lots less than 20 acres. This request by Mr. Wunderlich will allow for the construction of the building between the house and Ingersoll Avenue exceeding the 3,600 square foot limit. Mr. Wunderlich also needs a variance to place the building closer to the road than the principal building. Mr. Wunderlich also needs a variance to place the building closer to the road than the principal building. Mr. Wunderlich operates a kennel on site, and the parking area is located nearer the road than the home. Mr. Wunderlich indicated that constructing the building in question behind his home would interfere with the septic system and drainfield on site. At the May 11,1987 Hugo Planning Commission meeting, action was taken recommending issuance of a SUP to allow the construction of the 40' x 48' accessory building exceeding the 3,600 square foot limit, and the granting of a variance to allow the garage to be constructed between the house and Ingersoll Avenue North, subject to 13 special conditions. Mr. Wunderlich indicated he would have no problem complying with the special conditions. Councilman Potts felt there was ample room on the property to construct an accessory building so that it would not have to be located between the residence and Ingersoll Avenue. Potts did not feel there was a hardship to the land. Mayor Atkinson did not feel Mr. Wunderlich had proven there was a hardship to approve the variance request, but did not have a problem with the size of the building. Mayor Atkinson stated that Mr. Wunderlich could come back back with a differenct site plan for consideration. For the record, Mr. Potts stated that he concurred with the Mayor's views on this matter. Mr. Wunderlich explained the hardship in that there is a new septic system to the east, alot of fill would be required, and an inconvenience to him during the winter months. Motion made by Peltier, Vail seconded, to approve the SUP and variance for William Wunderlich to allow for the construction of a 40' x 48' accessory building, which would exceed the 3,600, square feet allowed, between the house and Ingersoll Avenue. The property is generally described as part of Section 14, T31N, R21W aka 15939 Ingersoll Avenue. The approval is subject to the 13 special conditions as outlined in the Planning Commission minutes of May 11, 1987. VOTING AYE: Vail and Peltier VOTING NAY: Potts and Atkinson Motion Failed. 63 May 18, 1987 9.A Request for Speed Zone Study (Irish Avenue) Mr. LeRoy Lundstrom has requested city consideration to reduce the speed limit on Irish Avenue from 122nd Street North to 130th Street North, then 130th Street North east to County Road 8A. In the past, requests of this nature have been referred to MNDOT formally requesting a speed zone study. Motion made by Atkinson, Peltier seconded, to adopt RESOLUTION 1987-35, A RESOLUTION REQUESTING THE MINNESOTA DEPARTMENT OF TRANSPORTATION CAUSE SPEED ZONE STUDY ON IRISH AVENUE AND 130TH STREET WITHIN THE CITY OF HUGO. All aye. Motion Carried. Miscellaneous Motion made by Potts, Peltier seconded, to approve Project #HURCACK for NSP. All aye. Motion Carried. City Engineer, Howard Kuusisto, submitted a report for the sanitary sewer improvement for the John Kostuch property located on 140th Street North west of the railroad tracks running parallel with U.S. Highway 61. City Engineer Kuusisto reviewed his report to the City Council noting that the total cost of the utility extension, as requested would be approximately $87,893.00. The City Administrator noted that this report from the City Engineer was generated as a result of a request by Mr. Tom Bernier to extend sanitary sewer on 140th Street from its existing location to a point approximately 520' to the west. The property to be served by this proposed sanitary sewer extension on 140th Street is identified as the south 323' of the west 130' of Section 20, T31N, R21W, Washington County, Minnesota, being part of Lot 35 Auditor's Plat #7. Mr. Bernier is in the process of building a home on the northeast corner of Fenway Avenue and 140th Street, and is desirous of hooking up to the city sanitary sewer as opposed to installing a septic system and drainfield. In conjunction with Mr. Bernier's request, Mr. John Kostuch has also indicated he would like sanitary sewer extended approximately 700' to the north of 140th Street to serve property in the Kostuch industrial area lying west of the Northern Pacific Railroad right-of-way. Messrs. Kostuch and Bernier have indicated they will pay the full cost of the utility installation designed in a manner acceptable to the city engineer and Metro Waste Control Commission recognizing that once the utilities are installed they will become the property of the city system. The City Administrator notei that Mr. Kostuch is considering a proposed subdivision of property located east of Fenway Avenue between 142nd Street and 140th Street North. Mr. Kostuch's prop sal f obland subdivision has not been applied for, and in no way does the city's appy val of u ilities installation imply that his subdivision development would be appy ved in the future. Councilmember Peltier indicated she was concerned regarding the xtent of this request being brought before the City Council at the last minute with ut ample time to review this matter. Mayor Atkinson inquired as to whether or not 't would be more appropriate to process this request in conjunction with the formal subd vision of the property in question. It was noted that the extension of the util ties could, in fact, stand on their own without the subdivsion of Mr. Kostuch's prop rty, and that the major financial risk is to Mr. Kostuch as he will be responsible for aying the cost of this utility improvement. The city staff indicated they had no o jections to approval of this utility extension subject to the following: 1. Jr. Kostuch provide the city with a 60' wide utility easement to extend the sani- ary sewer from 140th Street North in a northerly direction on the proposed street ast of Fenway Avenue. May 18, 1987 2. All utilities installed become a part of the city's utility system. 3. The applicants bear 100% of the cost and that some type of financial guarantee be made to assure payment to the contractor. 4. The utilities be installed according to city standards and / cost of city engineer's expenses be borne by the applicant. The City Administrator did note that the request before the Council was somewhat unique in that utilities are usually requested after approval of a subdivision of this nature. He reiterated that the utility improvements could stand on their own with regard to serving existing platted property, therefore, could see no objection to allowing this utility extension prior to some type of future development. He did, however, remind Cheryl Kostuch that approving this utility extension in no way implies that the city will accept subdivision of property until reviewed and acted upon by the Planning Commission and City Council. Councilmember Peltier indicated she was going to abstain from voting on this issue as she feels she did not have adequate information to make a decision at this time. Motion made by Atkinson, Potts seconded, that the City Council approve the installa- tion of sanitary sewer, as indicated in thite lw� submitted by the City Engineer dated May 18, 1987, with the condition that tt�e toreet be conveyed to the city, 60 feet in width, for the full installation of the sanitary sewer, for roadway and utility purposes, and the cost of this improvement be borne by Mr. Kostuch in- cluding expense. VOTING AYE: Potts, Vail, Atkinson ABSTAINED: Peltier Motion Carried. Councilmember Peltier stated that she abstained from voting on this matter because she did not feel she was afforded enough time to review the information before making any decision. Councilmember Peltier referred to a copy of a letter that was sent to her attention from Linrod Custom Homes regarding problems they had with the city's part-time building inspector during their construction of a house in Hugo. Mrs. Peltier's main concern was that the inspector had not initialed the permit indicating when he had made inspections: footings, frame, insulation, sheetrock, and final. These spaces are provided on the permit that is issued by the inspector. Mrs. Peltier stated that there was no way to know if inspections were being performed if not initialed. A lengthy discussion ensued regarding the need to document when inspections are done, and the coordination of activities between the two inspectors (Crever• and Kluegel). The City Council directed the City Administrator to meet with Mr. Crever to discuss the Council's concerns, and develop a procedure for documenting inspections to verify that the required inspections are being made. The city received a letter from the Carnelian - Marine Watershed District regarding intent to "go out of business". Mayor Atkinson will be sending them a letter regarding Hugo's concerns should this watershed district be abolished. There was discussion regarding cable TV, and the need to draft an ordinance. The city would then be in a position to obtain bids for the service. No action was taken. Motion made by Peltier, Vail seconded, to adjourn at 8:55 PM. All aye. Motion Carried. Z . `1_ Mary Creager, City C Cit Hugo