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HomeMy WebLinkAbout1987.12.21 CC MinutesMINUTES OF THE PROCEEDINGS FOR THE REGULAR COUNCIL MEETING OF DECEMBER 21, 1987 The meeting was called to order by Mayor Atkinson at 7:00 PM. PRESENT: Peltier, Potts, Olson, Vail, Atkinson City Administrator, Ken Huber City Attorney, Charles Johnson City Clerk, Mary Ann Creager Vail made motion, Peltier seconded, to approve the minutes of December 7, 1987 as submitted. All aye. Motion Carried Potts made motion, Peltier seconded, to approve the General Claims for December 21, 1987 in the amount of $23,794.36. All Aye. Motion Carried. Vail made motion, Peltier seconded, to approve the Utility Claims for December 21, 1987 in the amount of $118.0e. All aye. Motion Carried. Mayor Atkinson made a presentation acknowledging the contributions of former Planning Commission chairman, Harry Rudisill, to the City of Hugo. 7.1 ADOPTION OF FISCAL POLICY As per Council direction, the city staff has completed preparation of a fiscal policy to serve as a guideline in the maintenance of city funds. Additions and corrections were made in this policy following the previous Council review on December 7, 1987. Although this policy does not include all steps necessary in the sound management of city funds, it highlights changes from previous administrative practices. These policies have been reviewed by the city auditor and discussed with the city's financial consultant. Vail made motion, Olson seconded, to adopt RESOLUTION 1987-65, RESOLUTION ADOPTING FISCAL POLICY. All aye. Motion Carried. 7.2 PLANNING COMMISSION APPOINTMENTS With the resignations of Harry Rudisill, Doug Blanchard, and Ray Olson, there are currently three vacancies on the Hugo Planning Commission. Two appointments are necessary for 4 -year terms beginning 1/1/88, and one 2 -year term beginning on 1/1/88. Interviews were conducted with the four individuals that have indicated an interest in serving on the Commission. There is also one vacancy on the board of Zoning Adjustments. Individuals who have indicated an interest in serving are Bob Ellman, Deborah Barnes, Bill Wolfe, and Troy Sonnenfeld.. Atkinson made motion, Vail seconded, to appoint Deborah Barnes to a four year term on the Hugo Planning Commission and Troy Sonnenfeld to a two year term on the Hugo Planning Commmission. All aye. Motion Carried. 15y City Council meeting of 12/1/87 Atkinson made motion, Peltier seconded, to appoint Bob Ellman to serve on the Board of Zoning Adjustments and Appeals. All aye. Motion Carried. 7.3 120TH STREET IMPROVEMENT PROJECT Over a period of the last two years, the City of Hugo has discussed a proposal to participate in the improvement of 120th Street from Highway 61 to a point approximately one mile east. In 1985, the city indicated they may be willing to participate if Ramsey County would finance the city's share of the project over a specified period of time. This project did not move forward at the time because of White Hear Township's failure to work out an agreement that was acceptable to all parties. As a result of recent negotiations between the city, White Bear Township, and Ramsey County, the City Council discussed this matter earlier this year and indicated informally a commitment to participate in this project if acceptable financing arrangements could be worked out. The total estimated cost of the city's participation at that time was $72,600. The total estimated project cost is $530,300 with 75% of the project to be funded by Ramsey County from their FAS account and the balance being funded as a local share by White Bear Township and the City of Hugo. The total assessable front footage of the improvement is 10,743 feet with approximately 3,251 feet of assessable frontage in the City of Hugo. Using a front footage benefit formula, the city's participation would be for approximately 30.2% of the local share. White Bear Township has reiterated its interest in financing the city's share of this cost subject to agreeing on a repayment schedule acceptable to both the city and township. For this project to move forward utilizing federal aid secondary participation by Ramsey County, the city must make a formal commitment to participate in said project. A resolution has been prepared outlining our previous discussions and indicating the conditions of participation by the city if this project is to proceed. Potts made motion, Olson seconded, to adopt RESOLUTION 1987-66, RESOLUTION AUTHORIZING PARTICIPATION IN 120TH STREET PUBLIC IMPROVEMENT PROJECT. VOTING AYE: Potts, Olson, Vail, Atkinson VOTING NAY: Peltier Motion Carried. 8.1 VARIANCE REQUEST (RICHARD VAIL) Mr. Richard Vail has applied to the City for a variance to enlarge his existing home to within 80' of Egg Lake. The required setback. is 100'. Mr. Vail has indicated that an addition toward the lake is the only direction he can go to expand his bedroom and living room. The DNR required the applicant show proof of a hardship to encroach on the lake. The Hugo Board of Zoning Adjustments recommended approval of the variance subject to no additional building being located on site closer than 100' from the lake based on the following findings of fact. City Council meeting of 12/21/87 Potts made motion, Vail seconded, to adopt RESOLUTION 1987-67, RESOLUTION INCREASING CODE ENFORCEMENT SERVICES. VOTING AYE: Potts, Olson, Vail, Atkinson VOTING NAY: Peltier Motion Carried. 8.6 RESOLUTION PROVIDING FOR MONTHLY INSPECTION SERVICES In an effort to insure that continued inspection services are provided in the City of Hugo, we are recommending passage of a resolution authorizing continuation of our existing code enforcement services on a month-to-month basis during the 1988 calendar year. The city is desirous of maintaining its current level of service until additional personnel can be added or increased hours of service can be provided as per previous Council direction. Vail made motion, Olson seconded, to adopt RESOLUTION 1987-68, RESOLUTION PROVIDNG FOR MONTHLY INSPECTION SERVICES. All aye. Motion Carried. 8.7 AUTHORIZE ENGINEERING REPORT ON STREET DEMONSTRATION PROJECT Earlier this fail, the City Council discussed the possibility of participating in a street improvement demonstration project involving the use of recycled bituminous material on designated roadways. The purpose of this project was to determine the effectiveness of using the recycled materials and improving certain roads which have been sources of major complaints and costly maintenance for the last several years. If the city is desirous of pursuing this approach to dealing with some of our road problems, the staff recommends that the city engineer be authorized to prepare a report to the Council discussing the benefit of this type of project, estimated cost, and identify improvement locations. It is intended that this report will also include a sample specification for bidding these projects in the spring if the City Council wishes to move forward with this concept. Atkinson made motion, Peltier seconded, that the City Council authorizes city staff to prepare an engineering report on for the street demonstration project. All aye. Motion Carried. 8.8 AUTHORIZE PARKING LOT IMPROVEMENTS Earlier this year, an inspection was made of the municipal parking lot around City Hall to determine needed improvements. Cracks in the bituminous were repaired late this summer, and additional work should be done to maintain the quality of the bituminous surfacing in the parking areas. We are requesting Council authorization to proceed with the following improvements to the municipal building parking lot in 1988: 1.5-6, City Council meeting 12/21/87 along the lakeshore. He inquired as to how the city would go about enforcing the SUP, if approved, and Pfurtschellers proceeded to graze their animals on the entire site rather than restricting them to the corraled area. It was noted that neither Mrs. Pfurtscheller or her representative were present in the audience this evening to address the Council's concerns. Olson made motion, Potts seconded, to deny the Special Use Permit to board horses on the 16.9 acre tract of land identified as 8745 122nd Street in Hugo owned by Mrs. Jeanette Pfurtscheller based on the following: 1. The boarding of horses owned by others than the applicant constitutes a commercial use of the property which the Council finds unacceptable in a RR2 zoning district. 2. Mrs. Pfurtscheller has allowed the grazing of horses in the vicinity of the lake despite the recommendation of the Planning Commission that they be kept a minimum of 500' from the water's edge. 3. Failure to provide an approved site plan indicating specifically where horses will be grazed and how animal feces will be disposed of to prevent pollution of Round Lake. 4. The applicant failed to appear at the Council meeting this evening to respond to the questions and concerns of the City Council after being notified of said meeting. 5. The applicants proceeded with this land -use activity on site without securing the needed SUP or building permits and are now requesting same after -the -fact. VOTING AYE: Potts, Olson, Vail, Atkinson VOTING NAY: Peltier Motion Carried. 8.3 REQUEST FOR MINOR SUBDIVISION (SCHLETTY/ZERWAS) Mr. Howard Schletty and Mr. Lyle Zerwas have made application to the City of Hugo for the subdivision of approximately 35 acres into one 15 acre parcel and 2 ten acre parcels by minor subdivision. The property in question is currently zoned agricultural and is generally described as, a part of the northwest quarter of Section 28, T.31N, R21W, in Washington County, Minnesota. The three lots identified on the survey appear to meet all dimension requirements as required in the City zoning ordinance. Copies of this survey were sent to Washington County and the appropriate watershed districts for their review and comments. The three proposed lots are all served by an unnamed public roadway which provides direct access to County Road BA. The property owners are requesting the formal platting requirements be waived and that this property be subdivided by certificate of survey. This subdivision is a resurvey of lots approved by the City two years ago. Mr. Schletty agreed to provide the road right-of-way requested by Washington County. The Hugo Planning Commission recommended approval of the survey at their December 16, 1987 meeting subject to special conditions. Olson made motion, Vail seconded, to approve certificate of survey #12-21-87 for Mr. Lyle Zerwas and Mr. Howard Schletty, waiver of the 157 City Council meeting of 12/21/87 formal platting procedure, for the following described parcel of land: A part of the NW 1/4 of Section 28, T31N, R21W, Washington County, Minnesota. Approval is subject to the following special 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. Property lines must be identified by the applicants to assure proper setbacks if required by the building inspector. 3. Any commercial or industrial use of said property not specifically permitted in this zoning district shall be strictly prohibited. 4. Driveways or drainage areas must include installation of a minimum 15" diameter corrugated metal culvert installed in a manner acceptable to the city building inspector. 5. No building permits shall be issued until the required permits are secured from the appropriate watershed district, Washington County, and the DNR, where applicable. 6. All fees relating to this subdivision approval shall be paid by the applicant including the cost of recording documents at Washington County. 7. Any access to city or county roads must be approved by permit and all driveways must be constructed to meet city/county standards. 8. On-site activities as a result of this subdivision shall not cause the altering of any watercourse, ditch, or drainage system in this area. 9. Percolation tests must be submitted to the city prior to final survey approval. 10. Payment of parkland dedication fees must be paid prior to recording of a final survey or stamping of deeds. 11. Approval of this subdivision shall not result in the creation of landlocked parcels currently owned by the applicant. 12. Any major improvements to the raodway serving the subdivision shall be paid at developer's or owner's expense. 13. No filling of low areas on site shall be permitted without first securing the approval of the RCWD. 14. Driveway side slopes serving the lots in question shall be no steeper than 3:1. 15. An easement be provided allowing for 60' of right-of-way north of the centerline of County Road 8A on parcels D and F. VOTING AYE: Potts, Olson, Vail, Atkinson ABASTAINED: Peltier Motion Carried. 8.4 SUBDIVISION APPLICATION (STROMAN) Gordon and Donna Stroman have made application to the City of Hugo for the subdivision of a 20 acre parcel of land into two ten acre tracts identified as the northwest quarter of the northeast quarter of Section 10, T31N, R21W, Washington County, Minnesota. The property in question is zoned agricultural and is being proposed for the purpose of accommodating residential development. The Stroman residence is located on Parcel A. The applicants have requested waiving of the formai platting procedures. 1 SX City Council meeting of 12/21/87 Both parcels meet the minimum road frontage requirement as well as the other dimensions for minimum lot size. The Hugo Planning Commission has unanimously recommended approval of this preliminary survey subject to special conditions. Atkinson made motion, Peltier seconded, to approve the preliminary survey for Gordon and Donna Stroman for the subdivision of a 20 acre parcel of land into two ten acre tracts identified as the NW 1/4 of the NE 1/4 of Section 10, T31N, R21W, Washington County, Minnesota, and subject to the following special conditions: 1. The final survey must meet all administrative requirements and be submitted to the Council for approval within 120 days of preliminary survey acceptance or this approval shall be null and void. 2. All conditions must be met prior to stamping of any deeds for recording the by City Clerk unless otherwise permitted by Council action. 3. Property lines must be identified on site by the applicant to assure proper setbacks if required by the city building inspector. 4. Any commercial or industrial use of said property not specifically permitted in this zoning district by the city shall be strictly prohibited. 5. Driveway or drainage areas must include the installation of a minimum 15" diameter metal corrugated culvert installed in a manner acceptable to the city. b No building permits are to be issued until permits are secured from the appropriate watershed district, Washington County, and the DNR, where applicable. 7. All fees relating to this subdivision approval shall be paid by the applicant including the cost of recording documents with Washington County. 8. No driveways shall be installed providing access to city roads or the county highway without securing the needed permits from the appropriate governmental agency. 9. On-site activities permitted as a result of this subdivision shall not cause the altering of any watercourse, ditch, drainage system in this area. 10. Percolation tests for each lot must be submitted to the city prior to final survey approval. 11. The parkland dedication fee must be paid prior to recording of the final survey ($125.00). 12. Subdivision of this property shall not create any landlocked parcels owned by any party to this subdivision. All aye. Motion Carried. 8.5 RESOLUTION INCREASING CODE ENFORCEMENT SERVICES Over a period of the last sir, months, the City Council and Planning Commission have discussed the need for increased code enforcement in the city. The City Council has approved a job description for a code enforcement officer based on the city's needs and has provided for fundinc_ of additional services in the 1988 general fund budget. We have included a resolution authorizing increased level of services based on previous staff and City Council discussions. 159 Potts made motion, Peltier seconded, to approve the request of Richard Vail for a variance to enlarge his existing home (5708 141st Street North) to within 80' of Egg Lake as shown on the site plan based on the following findings: 1. The addition will not obstruct neighbors' view of the lake. 2. There are no elevation problems with the site that would allow for flooding. 3. There is no alternative location to accommodate expansion of both bedroom and dining room. 4. Most of the expansion replaces an existing deck. All aye. Motion Carried. 8.2 SPECIAL USE PERMIT (J. PFURTSCHELLER) Ms. Jeanette Pfurtscheller has made application to the City of Hugo for a Special Use Permit to board horses on her property located at 8745 122nd St., Hugo. The property in question is zoned RR2 and consists of approximately 16.9 acres. The permit to construct the 30' X 48' pole building to house the animals in question was approved by the city in October of 1986. When this structure was approved, it was specified that the building was not to be used for the housing of animals. The applicant is now requesting that this building be used to house animals stating that there will be no more than six (6) horses on site at any one time. It is our understanding that the applicant has proceeded with the remodeling of the building in question and that the required building permit was not secured for said building modification. The Hugo Planning Commission conducted a public hearing on this matter at their November 18, 1987 regular meeting, and said Commission recommended approval of a SUP subject to certain special conditions. Counciimember Olson stated that he had received a number complaints from residents in the vicinity of the Pfurtscheller residence indicating their concern regarding the activities currently taking place on the Pfurtscheller property. He stated that although the Pfurtschellers had agreed with the Planning Commission's special condition that horses not be allowed to graze within 500' of the lakeshore, residents have already observed horses being ridden or grazed near the lake. Mr. Olson indicated his concern that we would be authorizing approval of a boarding stable which he felt would be a commercial use in a zone that does not permit that type of activity. He stated that it was his understanding that the horses being boarded on site were not the property of Mrs. Pfurtscheller which he felt constituted a commercial use of the property. Mr. Mike Ball addressed the Council, and stated that currently there are horses roaming about on the Pfurtscheller property even though the applicants have stated that this type of activity would not take place on site. He also indicated a concern that although money might not be changing hands, the use of the property was for a commercial boarding stable, and that if their arrangement amounted to nothing more than bartering this would still be a commercial use of the property. Counciimember Olson stated that this was another situation where the property owner proceeds with an activity on site without securing the necessary permits and then comes to the City Council expecting approval of these types of activities. Mayor Atkinson reiterated Mr. Olson's concern and stated that it upsets him that property owners proceed with illegal uses of their property and then come to the City Council for approval after the activity already exists on the site. He indicated that there have been a number of complaints from property owners in the vicinity of Round Lake complaining about the animals grazing 166, City Council meeting of 12/1/87 1. Seal coating of existing bituminous surface. 2. Layout and stripe the parking areas making maximum utilization of the space available. 3. Expand the surface parking area to the west and north if financially feasible. Washington County has indicated a willingness to work with the city on making these improvements, and the funding of said improvements would come from the streets and roads budget. Atkinson made motion, Olson seconded, that the City Council authorizes the city staff to proceed with City Hall parking lot improvements. VOTING AYE: Potts, Olson, Vail, Atkinson VOTING NAY: Peltier Motion Carried. It was agreed upon that the city administrator will discuss this matter with the City Council if the project becomes a major expense. 10.1 REPAIR OF FIRE APPARATUS City Administrator Ken Huber reported that one of the fire trucks required major repairs on an engine, and that because it was considered an emergency, approval was given for repairs in an amount not to exceed $6500.00. 10.2 STATUS OF SUBDIVISION ORDINANCE City Attorney Charles Johnson reported that the amended draft of the subdivision ordinance has been prepared. Copies of the draft will be provided to the Planning Commission and City Council. 10.3 STATUS OF CABLE TV ORDINANCE City Attorney Charles Johnson reported that the draft ordinance has been reviewed, and that the next step is to meet with city staff to review questions and comments for purposes of drafting a revised ordinance. 12.0 ADJOURNMENT Vail made motion, Peltier seconded, to adjourn at 8:26 PM. All aye. Motion Carried. 1 Mary Creager, CiClerk City 0 Hugo