HomeMy WebLinkAbout1987.09.08 CC Minutes103
MINUTES OF' THE PROCEEDINGS OF THE HUGO CITY COUNCIL FOR THE REGULAR CITY
COUNCIi... MEETING OF SEPTEMBER 8, 1.987
PRESENT: Peltier, Potts, Olson, Vail, Atkinson
City Administrator, k::en Huber
City Engineer, Howard f'LAUSi.Sto
City Clerk, Mary Ann Creager
Peltier made motion, Potts seconded, to approve the minutes of August 17,
1987 as presented.
All aye. Motion Carried.
Potts made motion, Peltier seconded, to approve the General Claims for
September 8, 1987, in the amount of $8,803.09.
All aye. Motion Carried.
Peltier made motion, Vail seconded, to approve the Utility Claims for
September 8, 1987, in the amount of $5,623.88.
All aye. Motion Carried.
6.A Homestead Drive/1.25th Street/130th Street Public Improvement Proiect
On behalf of Sunset Lak.-e residents, Mr. Robert Anderson and other
petitioners have made application to the City of Hugo to improve 125th
Street, Homestead Drive, and 130th Street by the installation of
bituminous surfacing pursuant to Chapter 429 of the Public Improvement
Code. Previous action by the City Council found the petition to be
complete, and acceptance of the feasibility reports by city engineer,
Howard f::.UUSiSto. The petitioners have requested that the City Council
assess this project on a per lot basis as opposed to a front footage
basis. Notice of the September 8th public hearing was published in the
legal newspaper and copies sent to affected property owners of record.
The feasibility report called for a surfaced roadway 20 fit to 28 ft in
width with approximately 4" of gravel base and a ?" bituminous surface.
Total estimated cost of this project is $95,0k'-->O.(>C>.
Mayor Atkinson called the public improvement hearing to order at 7:05 PM,
and asked that the city engineer, Howard f--::uusisto, review the proposed
project. The project cost has been estimated atthe project
consistinq of lots, at a lot assessment of appro-imately $? 900 00
City Administrator, Ken Huber, explained the public improvement process to the audience.
The hearing was then opened to the public for their input. The majority
of property owners present were in favor of the project citing the
increased value of their property, elimination of the dust problem, and
reduced maintenance for their vehicles. The property owners opposed to
the project cited the increased speed of vehicles resulting in a possible
danger to children. Sean Hallet inquired if the property owners would be
liable for the entire cost of the project, and whether a traffic count had
been done to determine the number of cars using the city park at the end
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of 130th Street. He was told that benefiting land abutting an improvement
is assessed. F:::athy Scobie, daughter of DicE:: and Pearlin Wlaschin, stated
that her parents were on a fixed income, and whether they could be given
special consideration. Ms. Scobie was told that the t-;ounci.l cc)ul.d
consider this request at a later time in the process.
If the City Council wishes to proceed with this project, the Council will
need to designate the project engineer and pass a resolution orderinq the
improvement and preparation of plans and specs.
The public hearing was closed at 7:30 PM.
Olson made motion, Potts seconded, to adopt RESOLUTION 1987-45, A
RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS FOR HOMESTEAD
DRIVE, WEST SUNSET LAk::E PUBLIC IMPROVEMENT PROJECT.
VOTING AYE: Potts, Olson, Vail, Att::inson
Votinq NAY: Peltier
Motion Carried.
b.B Maureen Olsen Nuisance Complaint
The city has been in receipt of complaints regarding an onqoinq nuisance
involvinq the storage of abandoned vehicles, automobile parts, and other
debris on Parcel in Section 31, City of Hugo. Pursuant to the
city code, Mrs. Maureen Olsen has been notified of said nuisance, and
asked to appear before the City Council at 7:10 PM, Tuesday evening, to
discuss abatement of this nuisance. Ms. Olsen submitted a letter to Mayor
Atkinson stating that she and her son have contacted three towing
companies to have them haul everything out of their lot. She anticipates
havinq the nuisance abated no later than September 18, 1987.
AtE::inson made motion, Peltier seconded, instructing city staff to make
arrangements for an inspection of the property shortly after 9/18/87 to
determine if the nuisance has been abated.
All aye. Motion Carried.
7.A H!igo Meadows Development Agreement
As per Council direction, the city engineer, city attorney, and city
administrator have met with representatives of the Harstad Company to word::
out the details of a development agreement in conjunction with the Hugo
Meadows subdivision plat. The Council has approved the preliminary plat
with the final plat currently being prepared by the developers. The city
attorney is using the standard development agreement format used by the
City of Hugo previously. The following is a list of additional items that
the staff is recommending for Council approval to be included in the
development agreement:
1. The proposed park for this development be located at the extreme east
end of this site with access from Goodview Avenue. The plat must show
the park being dedicated at the time of Hugo Meadows, Phase 1,
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approval. with additional area set aside for expansion of the park: if
the balance of the Harstad property is improved in the future.
?. The lots be extended into the dra.i.r-iage basins with the city assuming
responsibility only for hydraL.11ir- ma_.intenance of the ponds.
_ . I -he city to pay for sewer e;;ter�sic�n oversi�inq from a 10" pipe to
a 15" pipe, in an amount not to exceed $1,( - )().OU. Said oversizinq
to be paid from the sewer fund.
4. All fees, in lieu of assessments. collected for connections to the
sanitary sewer or watermain to be retained by the city and deposited
in the sewer and water funds for future improvements.
5. Allow the use of 4" surmountable curbs in the development with the
exception that 8618 curbs will be installed on all corners. The in-
stallation of curb and gutter and street surfacing to be completed
in the sprinq of 1988.
6. The developer to deposit with the city a letter of credit in the
amount of $810,000.00 to cover all costs of construction and gradinq.
Said letter of credit to be reduced as construction is completed, with
the city retaining 5% of the total construction amount for 12 months
after project completion. The city will release the1�>>,�>�>zi.i���
letter of credit for qradinq when the above referenced letter of
credit is filed with the city.
7. The City Council authorize the Mayor and City Clerk- to enter into the
development agreement on behalf of the city after completion of the
agreement by the city attorney.
Atkinson made motion, Vail seconded, that the City Council approves all
seven (7) items listed above and they be included in the development
agreement between the City of Hugo and Harstad Company for HUGO MEADOWS.
All aye. Motion Carried.
77.B Resolution Defininq Mininq Operation
At the August 17, 1987 regular meetinq of the HUgo City Council, action
was taken tabling consideration of a resolution amending the mining permit
and clarifying a mining operation for the Hansen/Goiffon gravel pit.
Copies of the proposed resolution and a letter from attorney, William
Bierman, Jr., have been sent to the city attorney for his review and
comment. It was the intent of the resolution to clarify the definition of
mining operation and other questions raised by abutting property owners.
If the City Council wishes to amend the mininq permit at this time, we
would recommend the foll.owinq changes:
1. Item 2 from the 1987 permit be deleted, and the langllage in Item:'
of the 1986 permit (inadvertently omitted from the 1987 permit) be
clarified and incorporated into the permit as was the original intent.
?. Item 4 of the 1986 permit be incorporated in lieu of Item 4 of the
1987 as was the original intent.
?. The term "mininq operation" be clearly defined.
4. A determination be made as to whether or not travelinq to and from
the pit, with empty trucks, after mining operation hours, consti-
tutes a part of the mining operation.
With regard to the resolution previously prepared, the staff disagreed
with Mr. Bierman's opinion that the lanquage of said resolution supersedes
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lanquage in paragraph 2 and 15 of the oriqinal permit. It. appears that
the third WHEREAS of the resolution clearly speaks to Item 14 of the
permit as opposed to any other sections of the permit.
Atkinson made motion, Peltier- seconded, that Item from the 191':! permit
be deleted and the language in Item of the 1986 permit be clarified an -
incorporated into the permit.
VOTING AYE: Peltier, Vail, Atkinson
VOTING NAY: Potts, Olson
!`lotion Carried.
Atk-inson made motion, Peltier seconded, that Item 4 from the 1987 permit
be deleted and the lanquage in Item 4 of the 1986 permit be incorporated
into the permit and other language clarified.
All aye. Motion Carried.
Atk-.inson made motion, Peltier seconded, that the C
that the mere returning of empty trucE::s to the qra
purpose of picking up a private vehicle to leave t
considered part of the mining operation, therefore
VOTING AYE: Peltier
VOTING NAY: Potts, Olson, Vail, Atkinson
Motion Failed.
AtF:inson made motion, Vail seconded, that the Cit
the returninq of empty trucks to the gravel pit a
part of the mining operation and should return to
7:00 PM. as per Item #12 of the mining permit.
All aye. Motion Carried.
8.A _ Special_. Use Permit Re_ nest (Tom Bernier)
,ty Council determines
rel pit area, for the
ie site, is not
is permitted after
Council determines that
ea is considered
the gravel pit prior to
Tom and Cheryl Dernier have made application for a SUP to construct a
6' - 40' accessory buildinq_ in an SFU zone. The city restricts the
square footage of accessory buildings in an SFU zone to 981 sq ft. The
existinq garaqe exceeds 1,000 sq ft, therefore, the reason for the SUP
request. The city has a graduated scale regulating the amount of
accessory buildings allowed in various z-oninq districts. Square footage
allowed in SFU zones is 980 sq ft, while you can have unlimited storage in
a conservancy or agriculture zone if the site is greater than 20 acres in
size. The property in question is approximately one acre in size, and is
located on the northeast corner of 140th Street and Fenway Avenue. Mr.
Dernier noted the need for the additional storaqe facilities. The Huqo
Planning Commission unanimously recommended denial of this request.statinq
that the building proposed was way too large for a lot of this size in
what is to be a single family residential
area.
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Tom Bernier appeared before the Council stating that he would reduce the.
size of his buildinq from 26' x 40' to a wood -frame building =�(-' x
He stated that he would not require a v,.:.ir.iance because the btt.ild.i.nca
be located 5' from the rear- and sidevard, as allowed in the SEE district..
i'oL.u-)c.il.man `.'ail did not feel the proposed building would be out -of -place
in that there are a number of large accessory buildings located in the
vicinity of where Mr. Bernier's buildinq is to be located.
Vail made motion, Peltier seconded, to grant a SUP to Tom Dernier for the
construction of a 30' ,. '0' accessory buildinq at 5326 140th Street North
(Part of the SE 1/4 of Section 19, T31N, R21W, Washington County). Said
accessory buildinq is to be used for personal storage only.
VOTING AYE: Peltier, Potts, Olson, Vail
VOTING NAY: Atkinson
Motion Carried.
P.!� S_pecial Use Permit _Request (Craig Greeder)
Craig and Karen Greeder have made application to the City of Hugo for a
SUP to construct an 0' x 125' steel storage buildinq in an AG zone.
Current activities on this site include both a residential dwellinq as
well as a tree farming business operated by Mr. Greeder. The property in
question is 10 acres in size, and Mr. Greeder would need a SUP to exceed
the 3,600 sq ft of additional accessory storage allowed by the city zoning
ordinance. The storaq_e buildinq will be located 50' from the west
propertyline and 500' from the north property line. Mr. Greeder has
indicated that the buildinq in question will be used exclusively for the
operation of his tree farming business on site. The Planning Commission
recommended approval of an accessory building not to exceed 60' x 100' on
the site located in the SE 1/4 of Section 35 and the SW 1/4 of Section =6.
Potts made motion, Olson seconded, to approve a SUP for Craig Greeder for
the construction of an accessory buildinq not to exceed 60' x 100' on the
site located in the SE 1/4 of Section 35 and the SW 1/4 of Section 36 (AKA
9225 122nd Street North), and subject to the following special conditions:
1. Access to the site in question be provided off County Road 10.
2. No additional on site accessory storage buildings be permitted.
3. Activities on site be limited to those permitted in an agricultural
coning district.
4. A building permit be applied for within 120 days of permit approval
and substantial construction of any building improvements must be
underway within 120 days of permit issuance.
5. All driveways built over ditches or drainage areas must include the
installation of a 15" diameter corrugated metal culver installed in a
manner acceptable to the building inspector.
6. No significant deviations from the approved site plan be permitted
unless reviewed by the Planninq Commission and City Council followed
by an amended SUP.
7. The site must be policed and maintained on a regular basis with
All aye. Motion Carried.
8.0 Minor Subdivision Request (Larry_ Ehret)
Larry and Edda Ehret have made application to the City of Hugo for
subdivision of a 20 acre parcel of land into two 10 acre parcels in an
agricultural district. The certificate of survey prepared for Council
review reflects three parcels of land identified as A,B, and C. Parcels A
and C are owned by Mr. Ehret, and are the subject of this request. Parcel
B is owned by Laurie Pilla, and is a separate tract of land included in
this survey for recordinq purposes only. The three parcels in question
appear to meet the minimum lot dimension requirements for the proper
subdivision of this property. The entire parcel reflected in the survey
containes 30 acres, and is located in the southwest corner of 152nd Street
North and Keystone Avenue. The Planninq Commission recommended approval
of the minor subdivision and waiver of platting requirements.
Olson made motion, Peltier seconded, to approve the Minor Subdivision
(Certificate of Survey #9-8-87) and waiver of plattinq requirements to
divide a 30 acre parcel of land into three 10 acre parcels in an
agricultural district (Parcels A, B, and C), located in the SE 1i4 of the
SE 1/4 of Section 13, T31N, R21W, Washington County, Minnesota, subject to
the followinq conditions:
1. A final survey must be submitted to the Council for approval within
reqard to litter, burning, and
other on-site nuisances.
8.
All fees relating to the permit
shall be paid by the applicant in
cludinq the cost of recording
this permit with Washington County.
9.
Any driveway regUirinq access
to a highway or county road may not
constructed until permits are
secured from Washington County or
permitted by Council
MNDOT::-
action.
its.
The use for which this permit
is sought is not in violation of any
Property lines on site
restrictive covenant applying
to the property referenced herein.
11.
Activities on site will not cause the alterinq of any watercourse,
when buildings are to
ditch, or drainage system.
12.
The property owner must permit
access to the referenced site for -
4.
periodic inspections to assure
conformance with the SUP.
1.3.
Failure to comply with these conditions shall be grounds for revo-
this zone by the city
cation of this permit.
be strictly prohibited.
All aye. Motion Carried.
8.0 Minor Subdivision Request (Larry_ Ehret)
Larry and Edda Ehret have made application to the City of Hugo for
subdivision of a 20 acre parcel of land into two 10 acre parcels in an
agricultural district. The certificate of survey prepared for Council
review reflects three parcels of land identified as A,B, and C. Parcels A
and C are owned by Mr. Ehret, and are the subject of this request. Parcel
B is owned by Laurie Pilla, and is a separate tract of land included in
this survey for recordinq purposes only. The three parcels in question
appear to meet the minimum lot dimension requirements for the proper
subdivision of this property. The entire parcel reflected in the survey
containes 30 acres, and is located in the southwest corner of 152nd Street
North and Keystone Avenue. The Planninq Commission recommended approval
of the minor subdivision and waiver of platting requirements.
Olson made motion, Peltier seconded, to approve the Minor Subdivision
(Certificate of Survey #9-8-87) and waiver of plattinq requirements to
divide a 30 acre parcel of land into three 10 acre parcels in an
agricultural district (Parcels A, B, and C), located in the SE 1i4 of the
SE 1/4 of Section 13, T31N, R21W, Washington County, Minnesota, subject to
the followinq 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 must be
met prior to stamping
of any deed for
recording by the City
Clerk. unless otherwise
permitted by Council
action.
.
Property lines on site
must be identified by
the applicant to
assure proper setbacks
when buildings are to
be constructed, if re-
qUired by the building
inspector.
4.
Any commercial use of
said property not specifically
permitted in
this zone by the city
zoning ordinance shall
be strictly prohibited.
5.
Driveways or drainage
areas must include installation
of a minimum
15" diameter- corrugated
metal culvert in a manner
acceptable to the
city.
109
b. No building permits are to be issued until the required permits are
secured from the appropriate watershed distr.i.ct.s and the Dt,JR when
applicable.
Pill fees relati.nq to t.h .is siibdi� i.sir-.m ar -rn,•:al. ,hal l be {�a.id by the
applicant inclUdinq the cost of recordinq documents with Washingtnn
County.
S. Any driveway permits regUIrinq access to highvjays or County roads not
be issued until secured from Washington County or MNDOT.
9. Percolation tests for septic system installation must be submitted
prior to the issuance of any buildinq permit.
10. Payment of the required parkland dedication fees must be made at the
time of building permit issuance.
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.
1. Issuance of a deed approval or a building permit shall be subject to
compliance with the above listed conditions.
13. The portion of Parcel "A" north of 152nd Street shall not be con-
sidered a buildable site and no structures may be permitted thereon.
All aye. Motion Carried.
& E. Auto Dismantlin❑ Licenses
Annually, the City Council reviews the auto dismantling licenses for the
businesses noted on the agenda. The owners of the property on which the
auto dismantling yards are located have received SUP`s for this type of
land use. Traditionally, the City Council has requested input from the
Planning Commission reqardinq any possible amendments to their auto
dismantlinq licenses. The Planninq Commission recommended continuation of
the SUP"s and reissuance of the auto dismantlinq licenses for North Side
Auto (Steve Bartholdi) and Hugo Auto and TrucE:: (Richard/Mi►:.e Brandt).
Approval was subject to continuation of water monitoring and previous
permit conditions.
There was a discussion reqardinq the water sample results that have been
submitted to the Council as required in the Auto Dismantlinq License.
City Engineer, Howard F--::uusisto, was requested to review the results and
compare them with drinE::inq water standards.
Olson made motion, Peltier seconded, to approve the Auto Dismantlinq
License for Hugo Auto and TrUCE:: Parts (Richard and MiE::e Brandt) subject to
continuation of water monitoring and previous permit conditions (see
appropriate records on file at City Hall).
All aye. Motion Carried.
Atkinson made motion, Peltier seconded, to approve the Auto Dismantlinq
License for Northside Auto Parts (Steve Bartholdi) subject to continuation
of water monitoring and previous permit conditions (see appropriate
records on file at City Hall).
All aye. Motion Carried.
110
BF Appointment to Board _of Zo :irnig �tciiiist_mE�nts
As p, result of the previous Council action appointing Mr. C;huct:: Henry t.n
the Hugo Planning Commission, there is now a vacancy on the Board of
Zoninq Adjustments. At an earlier Council meeting, it was suggested that
members of the Council consider- a possible recommendation for appointment
to said board.
Atkinson made motion, Olson seconded, to appoint Troy Sonnenfeld to serve
on the Board of Zoning Adjustments.
All aye. Motion Carried.
8.6 _Compost Recycling Facility
As per previous Council direction, the city staff has been exploring the
possibility of providing a compost recycling facility within the city
limits. Administrative intern, Lynn Rabuse, has been working with
representatives of Washington County on this proposal. An approved site
has been identified by Washington County and can be secured by the city by
claiming it as tax forfeited land. The site is located on 170th Street,
just east of Fenway Avenue. The start-up cost for this project would be
borne by Washinqton County as well as much of the on-going operating and
maintenance costs. If the City Council wishes to pursue this project, the
appropriate action at this time would be to direct the Mayor and City
Clerk to make application to Washington County for acquisition of the tax
forfeited land on behalf of the City of Hugo. Ms. Rabuse submitted a
report and project budget to the Council for their review.
Atkinson made motion, Potts seconded, that the City Council direct the
Mayor and City Clerk to make application to Washington County for
acquisition of tax forfeited land for a compost site in the City of Huqo.
All aye. Motion Carried.
8.H _120th Street. Improvement (White Bear Iownship)
Representatives of White Bear Township have again approached the City of
Hugo with a proposal to improve 1 0th Street from Highway 61 to a point
approximately 3/4's mile to the east. The total project cost is estimated
at $419, 01.00 of which $241,825.00 would come from FAS funding,
$104,766.00 from White Bear Township, and $7,610.00 from the City of
Hugo. It was noted that the City of Hugo previously considered
participation with White bear Township if the city's share would be ad-
vanced by Ramsey County and repaid by the city over a 10 to 15 year
period. In this proposal, White Bear Township has indicated they would be
willing to provide up -front financing for Hugo's share of the project in
the amount of $72,610.00 with the understanding that Hugo would repay the
Township from a special levy over a 15 year period. If the City of Hugo
were to pursue this option and enter into a Joint Powers Agreement with
White Bear Township and repay the Township the principal amount plus
interest over a 15 year period. The tax levy for repayment of loans is
111
not subject to the levy limit and would not affect the city's general
government levy.
The city engineer and city administrator met with representatives of
Ramsey County and White Dear Township to review this proposal in
Although the Township does not expect a firm commitment from the City of
Hugo at this time, they would liE--:e some indication as to whether or not
the city would be receptive to this type of joint venture to improve this
section of city roadway. It was suggested that should this project be
implemented and that the parcels abutting this road in the City of Huqo
might be assessed a portion of the cost to be determined at a later- date.
Atkinson made motion, Vail seconded, that the City of Hugo is receptive to
this project pending receipt of more definitive figures and a Joint Powers
Agreement.
VOTING AYE: Potts, Olson, Vail, Atkinson
VOTING NAY: Peltier
Motion Carried.
11.0 Miscellaneous
The city received a letter from Robert McCullough alleging a resident in
the City of Hugo operates a competitive business at their residence. Mr.
McCullough is in the landscaping business.
Atkinson made motion, Vail seconded, that the City Council directs the
city staff to send a certified letter to the occupant of the address
listed on Mr. MCCullough's letter, inquiring about the allegation that a
business is being operated at his residence.
All ave. Motion Carried.
Atkinson made motion, Potts seconded, to approve the construction permit
applications submitted by NSP and Northwestern Bell, and that any future
permit applications be handled administratively with the assistance of the
city engineer.
All aye. Motion Carried.
Peltier made motion, Olson seconded, to adjourn at 10:227 PM;:.
All aye. Motion Carried.
Maryn Creager, Cit lerk
City Hugo