2000.09.05 CC Minutes - Laserfiche WebLink

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City Council meeting of September 5, 2000 Page 5 Barnes made motion, Leroux seconded, to accept the feasibility report for improvements to Peloquin Industrial Park, and order a public hearing on Monday, October 2, 2000 at 7:00 pm. All aye. Motion Carried. CONDITIONAL USE PERMIT (KIEGER ENTERPRISES) On June 28, 2000, the Planning Commission recommended approval of a Conditional Use Permit (CUP) for Kieger Enterprises subject to conditions. On July 3, 2000, the Council considered the CUP and tabled action on the request in order for the Planning Commission to reconsider the application. The Council found that the conditions of approval were too vague because they did not address the vehicle repair business, storage of vehicles, and access for emergency vehicles. On August 23, 2000, the Planning Commission considered additional conditions of approval to address the concerns raised by the Council. City staff recommends approval of the CUP with the additional conditions. Stoltzman made motion, Barnes seconded, to adopt RESOLUTION 2000-25, A RESOLUTION APPROVING A CUP FOR KIEGER ENTERPRISES, INC., FOR AN ENVIRONMENTAL CLEAN-UP BUSINESS INCLUDING VEHICLE REPAIR FACILITIES, COLD STORAGE, EXTERIOR STORAGE OF VEHICLES AND EQUIPMENT, AND COMPANY OFFICES FOR PROPERTY LOCATED AT 5885 165T" STREET. VOTING AYE: Barnes, Haas, Leroux, Petryk, Stoltzman Motion Carried. The Council accepted the staff recommendation `B" option, which varied slightly from the PC recommendation. APPROVAL OF ENCROACHMENT AGREEMENT (JACK WUSSLER AND JEFF AND KATHY PETERSON Jack Wussler was issued a building permit by the City of Hugo to construct a home directly north of the Petersons, who reside at 12598 Ethan Avenue. The City has been directly involved in this project for more than a year, primarily because this is the last available empty lot on Bald Eagle Lake. City staff has either spoken directly or met individually and collectively with both Mr. Wussler and the Petersons on numerous occasions, and encouraged them to resolve this issue privately, but all attempts were unsuccessful. A concern for the Petersons is the drainage of Mr. Wussler's property on to the Petersons', and for the City, the drainage of storm water collected along Ethan Avenue, which is to be directed out to Bald Eagle Lake. The City is proposing an Encroachment Agreement, which would allow Mr. Wussler to construct a 4 ft retaining wall 5 ft from his home, and the construction of a wider swale, with 5:1 side slopes, to direct the water along the 10 ft drainage easement located on the Peterson property. Specifically, the City also proposes to exercise its rights to construct a drainage swale within a portion of the drainage easement on the Peterson property. City staff recommended that the Council approve the Encroachment Agreement, since it does not impact the Petersons' retaining wall, which has been constructed in the 10 ft drainage easement, but more importantly, it provides