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HomeMy WebLinkAbout1987.07.20 CC MinutesCW MINUTES OF THE PROCEEDINGS OF THE HUGO CITY COUNCIL July 20, 1987 The meeting was called to order by Mayor Atkinson at 7:00 PM. PRESENT: Peltier, Potts, Olson, Atkinson Mary Ann Creager, Ken Huber, Charles Johnson, Howard Kuusisto ABSENT: Vail Motion made by Peltier, Potts seconded, to approve the minutes of July 6, 1987, as amended. All aye. Motion Carried. Motion made by Olson, Potts seconded, to approve the General Claims for July 20, 1987, in the amount of $51,020.85. All aye. Motion Carried. Motion made by Potts, Peltier seconded, to approve the Utility Claims for July 20, 1987, in the amount of $3,763.30. All aye. Motion Carried. 5.A Charitable Gambling License Potts made motion, Peltier seconded, that the City of Hugo has no objection to the issuance of a Gambling License to the Church of St. John the Baptist for 8/23/87. All aye. Motion Carried. 7.A Cable Television Options At Council request, this matter has again been placed on the agenda for further discussion in regard to procedures and options for bringing cable television to the City of Hugo. With the exception of appointing an advisory committee, the City Council has gone through step six of the previously submitted timetable. If the City Council wishes to move forward bringing cablevision to Hugo, the next step would be to consider an optional public informational meeting and/or direct the staff to proceed with the preparation of a draft ordinance for cable TV franchising. Motion made by Atkinson, Potts seconded, directing city staff to proceed with a draft ordinance for cable TV franchising in the City of Hugo. All aye. Motion Carried. 7.B Minor Subdivision - Final Survey (Laura Stoltzman) Mrs. Laura Stoltzman has made application to the City of hugo for a subdivision of a 40 acres tract of land legally described as the SE4 of the NE4 of Section 15, T31N, R21W, in the City of Hugo. The property in question is zoned agricultural, and Mrs. Stoltzman is requesting a waiver of the formal platting requirements and subdivision of property by certificate of survey. The original application requested the subdivision of 40 acres into four 10 acre tracts which was subsequently approved by the Planning Commission. At the July 6, 1987 Council meeting, Mrs. Stoltzman revised her request based on information secured from an unidentified individual at the Washington County Assessor's Office, to the subdivision of the 40 acre tract F. . LqLftj July 20, 1987 of land into one 10 acre tract and one 30 acre tract. The City Council approved the preliminary survey, as amended, providing for the two lots, as opposed to the four 10 acre lots, and a final survey has been prepared for review by the City Council. If the City Council approves the revised survey and waives the formal platting requirements, we would recommend that said action be subject to the same special considerations approved at the time of the preliminary survey review. Potts made motion, Peltier seconded, to approve certificate of survey #7-20-87 for the Mrs. Laura Stoltzman subdivision and waiver of the formal platting proce- dure for the following described parcel of land: the SE4 of the NE''. of Section 15, T31N, R21W, Washington County, Minnesota. Approval is subject to the following special conditions: 1. The property owner notify any future purchaser of the property that the site in question was once a sanitary landfill which may affect soil conditions and water quality in that area. 2. Final survey, indicating a 10 acre parcel and a 30 acre parcel, must be submitted to the Council wtihin 90 days of preliminary survey acceptance or this approval shall be null and void. 3. All conditions must be met prior to the stamping of any deeds for recording by the city unless otherwise permitted by Council action. 4. Property lines must be identified on site by the applicant to assure proper setbacks when buildings are constructed if required by the building inspector. 5. Any commercial or industrial use of said property not specifically permitted in this zoning district shall be strictly prohibited. 6. Driveways or drainage areas must include installation of 15" minimum corru- gated culverts acceptable to the city. 7. No building permits are to be issued until the required permits are secured from the appropriate watershed district, percolation tests are submitted to the city, and approval is secured from the DNR for wetlands areas. 8. All fees relating to this subdivision shall be paid by the applicant, including the cost of recording documents with Washington County. 9. Any driveway permits requiring access to highways or county roads may not be issued until permits are secured from Washington County. 10. The use of this property will not be in violation of any restrictive covenants. 11. 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. 12. Payment of parkland dedication fee ($125.00) must be made prior to the time of final survey approval. 13. Issuance of deed approval or building permtis shall be in compliance with the above listed general conditions. All aye. Motion Carried. 8.A Feasibility Report (125th Street/130th Street Improvement) As per Council direction, the city engineer has prepared a feasibility report to consider the improvement of 130th Street North from Homestead Drive east to, and including, the cul-de-sac. Also included is 125th Street north from Homestead I ! July 20, 1987 Drive east to County State Highway #10. The improvement being considered is the surfacing of the above referenced roadway. The engineer's report indicates that project in question is feasible and outlines the design standards as well as the estimated cost of the two roadway sections in question. COUNCILMAN VAIL ARRIVED AT 7:45 PM. Mayor Atkinson suggested that the Homestead Drive project and the project being discussed be combined for assessment purposes. The City Administrator cautioned the Council noting that there are two separate projects, and they,can be combined for .construction purposes.but may not be able to be combined for assessment purposes. Mr. Bob Anderson stated he would prefer keeping the projects separate if combining them would joepardize the Homestead Drive project. If they can be combined without jeopardizing the Homestead Drive improvement, then he would like them combined. The city attorney indicated he would have to check on the assessibility of the projects if they combined. Mr. Johnson stated that the best way to do this project would be to combine both projects by petition of the property owners. Mayor Atkinson asked if the city could initiate the action to combine both projects and drop all action on the separate projects to date. The city attorney responsed affirm- atively. Mayor Atkinson then stated he would prefer moving forward with the public hearings for the two separate projects, and recommended that Mr. Anderson go back to the property owners in this area and see if he can get a petition from property owners having 35% of the frontage on 125th Street, 130th Street, and Homestead Drive for the purposes of combining this into one project. The City Administrator noted that combining the projects would add an additional $36,000 to the project's assessment, and there would be only four additional property owners to share in the expense. Mr. Anderson stated he would again meet with property owners on Homestead Drive to discuss the additional expense versus getting 125th Street improved. Atkinson made motion, Peltier seconded, to adopt RESOLUTION 1987-39, A RESOLUTION CALLING HEARING ON IMPROVEMENT FOR HOMESTEAD DRIVE/SUNSET LAKE BITUMINOUS SURFACING PROJECT 1987-25. All aye. Motion Carried. Atkinson made motion, Olson seconded, to adopt RESOLUTION 1987-40, A RESOLUTION RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT FOR 125TH STREET AND 130TH STREET/ SUNSET LAKE STREET PROJECT 1987-28. VOTING AYE: Potts, Olson, Vail, Atkinson VOTING NAY: Peltier Motion Carried. 8.B Authorization to Appeal Tax Levy Limit The City of Hugo received a notice from the League of Minnesota Cities regarding the status of 1988 tax levy limits and the appeals process from recent state legis- lation. Even though the city has not been notified of its maximum tax levy permissible or local government aid allocation for 1988, the state has put a time limit of August 14th for requesting authorization to exceed the 3% tax levy limit. The time limits and justification for an appeal has been made so difficult to comply with that it is unlikely many cities will be able to get approval to exceed the 3% levy limit. In that the City of Hugo did not receive its budgeted homestead credit in 1984, 1985, and 1986, our tax levy base is significantly lower than originally proposed making it extremely difficult to fund any additional needed July 20, 1987 projects or comply with recent state mandates within the 3% limit. If the City of Hugo is to comply with Minnesota Statutes with regard to the preparation of a local water management plan by 1989, the City will have to fund and start the study some time in 1988. The estimated cost of the comprehensive water management plan may run the city upwards of $70,000.00 depending on the comprehensiveness of said plan. The certified tax levy for the City of Hugo in 1986 collectible in 1987 was $422,420.46. We have requested Council authorization to direct the staff to proceed and file an appeal with the State Department of Revenue requesting a waiver of the 3% levy requirement. Allowing the additional levy will permit the city to comply with legislative mandates imposed by the legislature in 1987 and in previous years. Potts made motion, Peltier seconded, to adopt RESOLUTION 1987-41, A RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO FILE AN APPEAL OF THE 1988 LEVY LIMIT AS IT AFFECTS THE CITY OF HUGO. All aye. Motion Carried. 11.0 Miscellaneous The city Fire Department received a request for a leave of absence from a fire- fighter in January, 1987, but did not specify the length of time. Fire Chief, Ron Istvanovich, has stated that he does not know where he now lives or where he can be contacted. Atkinson made motion, Potts seconded, that the City Council permanently terminate Robert A. Hancock from the Hugo Fire Department. All aye. Motion Carried. The city received a response from MNDOT to its request for a speed study on Irish Avenue, north of County Road 10, as per Resolution 1987-35. They have determined that a speed zone other than statutory cannot be justified. They did, however, recommend that warning signs could be installed indicating the sharp turn on 130th Street and Irish and an advised speed of 20 mph would be appropriate. It was also noted that speed on Irish Avenue can be governed by actual/potential hazards existing on the road. Hugo resident, LeRoy Lundstrom, made the request to the city for the speed zone study. Potts made motion, Peltier seconded, that the city staff forward a copy of MNDOT's letter to Mr. LeRoy Lundstrom, install "turn signs and 20 mph sign" at Irish Avenue and 130th Street, and request the Washington County Sheriff's Office to check appropriate speeds for vehicle operation on Irish Avenue. All aye. Motion Carried. ATTORNEY_ AND ENGINEER Attorney Charles Johnson submitted his monthly report noting the upcoming court date of August 14, 1987, 11:00 AM, Washington County Courthouse, for consideration of the request of the White Bear Rod and Gun Club to consolidate two separate legal matters. Mayor Atkinson stated that he favored keeping the issues separate, and that city attorney Johnson oppose the consolidation. 91 July 20, 1987 Attorney Johnson stated that he is making progress in the preparation of the necessary legal documents in conjunction with the establishment of anc assessment roll for the Brown's Creek WMO. It was the consensus of the City Council that the city recoup past costs incurred, as well as current costs. The city will need to establish a list of parcels included in the Brown's Creek WMO for certification to Washington County prior to October 10, 1987. NSP matter -,City Administrator, Ken Huber, stated that he will contact Gerald Preston regarding roadway easements needed to proceed with the NSP/Stanek matter. Councilman Potts noted that the property owner adjacent to his residence is parking a dump truck on the property. The Council discussed phone calls they have received regarding the operation of the gravel pit. Atkinson made motion, Peltier seconded, that the City Engineer be directed to make and "impromtu" inspection of the Richard Schuh gravel pit to ensure compliance with his Mining Permit. All aye. Motion Carried. Peltier made motion, Olson seconded, to adjourn at 9:10 PM. All aye. Motion Carried. 44wi c.. Mary An reager, City Cler City o ugo