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HomeMy WebLinkAbout1998.10.05 CC Minutes1VIINUTES FOR THE HUGO CITY COUNCIL MEETING OF OCTOBER 541998 The meeting was called to order by Mayor Fran Miron at 7:05 p.m. PRESENT: Arcand, Barnes, Goiffon, Leroux, Miron City Administrator, Robert Museus City Attorney, Greg Galler City Engineer, Tom Angus City Clerk, Mary Ann Creager ADDITIONS TO AGENDA Parks Commission Update Miron made motion, Leroux seconded, to approve the following Consent Agenda. Minutes for the City Council meeting of September 21, 1998 Minutes for the City Council meeting of September 22, 1998 General Claims for October 5, 1998 Thanksgiving Lutheran Church Agreement Preliminary and Final Plat (Bald Eagle Industrial Park Phase II) Response to Letter of Concern (Hudoba) All aye. Motion Carried. THANKSGIVING LUTHERAN CHURCH AGREEMENT The Council considered an amended Agreement between the City of Hugo and Thanksgiving Lutheran Church. This Agreement allows the church to use the City's Rice Lake Park Building for its services and related activities for a 3 -year period. In return, the church will provide certain lease- hold improvements to the building. The Agreement reflects changes authorized by the City Council on September 8, 1998. Adoption of the Consent Agenda approved the Agreement as amended. PRELEMINARY AND FINAL PLAT (BALD EAGLE INDUSTRIAL PARK PHASE IID The City of Hugo and Mr. Roy Molitor requested to plat approximately 42 acres of property located in the NW 1/4 of Section 29, and the NE 1/4 of Section 30 into five lots and one outlot. This matter was considered by the Hugo PC at their meeting of September 23, 1998, at which time the Commission recommended approval of the preliminary plat. To clarify zoning issues and simplify sales, two additional lots have been added between the Fire Hall and North Country Autobody following the PC meeting. Adoption of the Consent Agenda approve the preliminary and final plat for the Bald Eagle Industrial Park, Phase II. RESPONSE TO LETTER OF CONCERN (HUDOBAD The Council considered a letter from Mr. Mark Hudoba, 14188 Ferrara Avenue, requesting that Fenway Avenue, between 140th and 142nd Streets be moved farther to the west, as well as a letter of response. Adoption of the Consent Agenda approved the City's response to Mr. Hudoba's letter. City Council meeting of October 5, 1998 Page 2 SPECIAL USE PERMIT (11LLER) Mr. Gerald E. Miller, 4486129th Street North, requested a SUP to construct a twin home on his property at the above address. The property is zoned SFE, and lies within the shoreland district of Bald Eagle Lake. It is Mr. Miller's intent to remove the existing house and garage on the site. This matter was considered by the PC at their meeting of September 23, 1998, and they recommended approval of a 10 foot variance to the lot -width requirement in the shoreland district of Bald Eagle Lake, and approval of the SUP to construct a duplex on the lot subject to special conditions. Council member Barnes questioned the elevation for the garage, and Mr. Miller stated that the house and garage would be all one level, meeting the regulatory flood protection elevation. Miron made motion, Goiffon seconded, to approve the SUP request of Mr. Gerald Miller, 4486 129th Street to construct a twin home on his property, including a 10 foot variance to the lot -width requirement in the shoreland district of Bald gagle Lake subject to the following conditions: 1. A twin home be allowed only when municipal water and sewer becomes available to the site. 2. No more than one single dock on Bald Eagle Lake to serve the property. 3. The minimum floor elevation shall be 2 foot above the 100 -year flood, 4 foot above the ordinary high ground water level, and the first -floor opening shall be no less than 3 feet above the 100 -year flood elevation. All aye. Motion Carried. SPECIAL USE PERMIT (LADOUX) Mr. Rick LaDoux, 12291 Janero Avenue North, requested a SUP to construct a 40' x 80' pole barn on his property at the above address. Mr. LaDoux has 1,488 sq ft of exterior storage on the site, and is requesting an additional 2,888 sq ft, where 1,800 sq ft of accessory storage is allowed by ordinance. The property is located in an RR2 zoning district. The PC considered this request at their meeting of September 23, 1998, and recommended approval of the SUP for an additional 2,016 sq ft of storage on the property. Because of the existing storage on the site, Council member Barnes did not feel another accessory building would be appropriate for the size of the lot (5 acres). Barnes made motion, Miron seconded, to deny the request of Rick LaDoux, 12291 Janero Avenue, for a SUP to construct a 40' x 80' pole on his property, based on the following: 1. Because 1,488 sq ft of accessory storage already exists, request would greatly exceed the limit allowed in the RR2 zoning district (1,800 sq ft). 2. Adjoining neighbor the south expressed concern about construction of the building. All aye. Motion Carried. Attorney Galler will draft a Findings of Fact further outlining the Council's basis for denial. City Council meeting of October S, 1998 Page 3 SUBDIVISION (WEWERS) Joseph R and Barbara J.. Wewers, 15880 Harrow Avenue, requested to subdivide a 40 -acre parcel into one 8.4 -acre parcel and one 31.6 -acre parcel. The property is zoned Ag. The 8.4 parcel contains the existing home on the property, but not the barn. The Hugo PC considered this request at their meeting of September 23, 1998, and recommended approval of the subdivision subject to special conditions. Mr. Wewers requested a variance to the 10 -acre requirement in order to fence existing trees on the property to the east. The northern lot line was positioned to retain a 4" well on the property for horses. Council member Barnes stated that she could support the reduced lot size if no more than three building sites be allowed on the 31.6 parcel. The Council felt that existing zoning standards limited the 31.6 parcel to no more than three (3) lots. The Counc li -telt that the eastern property line should be squared rather than angled as proposed. Leroux made motion, Miron seconded, to approve the request of Joseph Wewers, 15880 Harrow Avenue, to subdivide a 40 -acre parcel into 8.4 and 31.6 parcels, subject to the following: 1. A parkland dedication fee of $1,350 be paid to the City. 2. Approval of the septic system on the residual lot, by Washington County HELM. 3. Permit for the subdivision from the RCWD, if necessary. 4. The east property shall be straightened resulting in squaring of the parcel. All aye. Motion Carried. VARIANCE (BESTER) Robert Bester, 8726 122nd Street, requested a variance for a 30 to 35 foot setback from Long Lake for a new septic system. The minimum setback requirement from the ordinary high water mark is ISO feet. Mr. Bester's home is located on a peninsula that does not provide enough room to meet the regulatory setback requirements. This request was considered by the Board of Adjustments at their meeting of September 23, 1998, and they recommended approval of the variance subject to approval of the technical specifications of the septic system by the Washington County HELM. Dale Eklin addressed the Council stating that because of the lack of additional land, there was no other option and that the proposed system would be a 100% improvement over the existing situation. Council member Barnes cited a similar situation on Sunset Lake where the property owner had to find an alternate site to install a septic system. Because no other site is available, the following motion was made: Leroux made motion, Goiffon seconded, to approve the variance request of Robert Bester, 8726 122nd Street, to construct a mound -type septic system 30' to 35' from Long Lake, subject to approval of the technical specifications of the septic system by Washington County HELM. All aye. Motion Carried. City Council meeting of October 5, 1998 Page 4. FRANCESCA AVENUE ASSESSMENT HEARING A public hearing was held to consider assessments against property abutting Francesca Avenue, north of 148th Street, and south of the Twin Pine Trailer park, for the cost of replacing bituminous surface along this roadway. The total amount of the proposed assessment is $22,755.46. The public hearing was opened, and there were no written or oral comments regarding the assessments. Barnes made motion, Miron seconded, to adopt RESOLUTION 1998-31, A RESOLUTION ADOPTING THE FRANCESCA AVENUE P.I. ASSESSMENT. Voting AYE: Arcand, Barnes, Goiffon, Leroux, Mlron Motion Carried. STORM SEWER IIVIPROVEMENT TAXING DISTRICT HEARING A public hearing was held to consider the adoption of an ordinance establishing a special storm sewer improvement taxing district for the proposed Creekview Preserve subdivision. This district would provide the City a mechanism for financing future improvements and repairs to the drainage system in the subdivision, as they may become necessary. The public hearing was opened, and there were no oral or written comments. Leroux made motion, Goiffon seconded, to adopt ORDINANCE 1998-327, AN ORDINANCE ESTABLISHING A STORM SEWER IMPROVEMENT TAX DISTRICT WITHIN THE MEANING OF MINNESOTA STATUTE 444.16 ET. SEQ. Voting AYE: Arcand, Barnes,. Goiffon, Leroux, Mlron Motion Carried. COUNCIL SALARY ORDINANCE HEARING A public hearing was held to consider adoption of an ordinance reducing the Mayor and Council's current salaries by approximately 15%. In order to become effective January 1, 1999, the ordinance must be adopted by the City prior to the generat election scheduled for November 3, 1998. The public hearing was opened, ,and'Wally Stoltzman addressed the Council stating that he felt, for budgetary purposes, it would be better to salary the Council rather paying per meeting. Goiffon made motion, Barnes seconded, to adopt ORDINANCE 1998-328, AN AMENDING CHAPTER 20 ENTITLED "ADM NISTRATION" BY REDUCING THE MAYOR AND COUNCIL SALARIES. Voting AYE: Arcand, Barnes, Goiffon, Leroux, Mlron Motion Carried. City Council meeting of October 5, 1998 Page 5 SWEET GRASS MEADOWS PRELUYMARY PLAT Quentin Marier, 9395 Oneka Lake Blvd., T.J. Marier, 5566 145th Street, and K -G Development, Inc., 474 Apollo Drive, Lino Lakes, requested to subdivide 67.7 acres into 90 lots, and one outlot. The proposed plat was subject to a number of hearings before the PC this past summer. The Council considered for approval Findings and Recommendations as recommended by the PC. Because of the City's concern to maintain adequate water pressure throughout the City, the developer stated that he would phase his project to allow the City time to plan for a third water tower. The Administrator stated that the water pressure was a fire insurance matter more than a safety issue. The Council discussed a sidewalk/trail along the west side of Greene Avenue. It was noted that the development property does not extend to the boat launch; -and the DNR will need to become involved in the discussion. Leroux made motion, Goiffon seconded, to approve Phase 1 of the Sweet Grass Meadows subdivision, to include 39 lots, subject to the Findings and Recommendations of the Planning Commission. Council approval of future phases will be dependent on construction of a third water tower, with Greene Avenue being the last phase. Council member Barnes felt the current grading policy allowing grading to begin prior to final plat approval was not working to the benefit of the City. She requested this policy be placed on the Council agenda for October 19, 1998. Voting AYE: Arcand, Goiffon, Leroux, Miron Voting NAY: Barnes Motion Carried. ONEKA LAKE VIEW (MAL PLAT) The Council considered the City Engineer's recommendation to approve the final plat for the Oneka Lake View subdivision: A trail easement will need to be submitted as it cannot be included on the final plat. Miron made motion, Leroux seconded, to approve the final plat for the ONEKA LAKE VIEW subdivision, subject to submission of a trail easement adjacent to the plat. All aye. Motion Carried. REZONING BALD EAGLE INDUSTRIAL PARK PHASE M The City of Hugo requested to rezone approximately 42 acres of property located in the NW 1/4 of Section 29, and the NE 1/4 of Section 30, from the current classifications of SFE and Industrial to the proposed new classifications of industrial and commercial business. The commercial business zoning would apply to those properties abutting 140th Street, and the balance of the plat would be industrial. City Council meeting of October 5, 1998 Page 6 Leroux made motion, Goiffon seconded, to adopt ORDINANCE 1998-329 BY AMENDING CHAPTER 320 OF THE HUGO CITY CODE BY CHANGING THE ZONING DISTRICT CLASSIFICATION OF THE -DESCRIBED REAL PROPERTY. Voting AYE: Arcand, Barnes, Goiffon, Leroux, Moon Motion Carried. CREEKVIEW PRESERVE ROAD ACCESS PERMIT A draft agreement between the City of Hugo, the Washington County Rail Authority, and the developer for the Creekview Preserve subdivision regarding the construction of a road access from the subdivision to Forest Boulevard was submitted to the Council. This road would cross the rail corridor proposed for future commuter rail service between Rush City and St. Paul. The County has expressed concerns regarding the spacing of these crossings. Attorney Galler suggested that the paragraph referencing the City sharing the cost associated with establishing a fiiture rail crossing be deleted from the Agreement. Goiffon made motion, Mron seconded, to approve the 159th Street Road Crossing Easement Agreement with deletion of the above -referenced paragraph. Mron made motion, Leroux seconded, to amend the previous motion adding that staff be directed to attend Washington County Rail Authority meetings. Vote on AMENDMENT: All aye. Motion Carried. Voting on ORIGINAL MOTION: All aye. Motion Carried. OAKSHORE PARK II"ROVEMENT OPTIONS On September 8, 1998, the Council conducted a public improvement hearing to consider the making of improvements in the Oarkshore Park subdivision, as well as the area along 129th Street, north of the Woods of Bald Eagle subdivision to Elmcrest Avenue. Improvements would include the extension of sanitary sewer, municipal water, storm sewer, and street improvements. At that meeting, the Council directed the City Engineer to prepare options for the construction of Ethan Avenue. The City Engineer presented to the Council and residents the proposed options. Mr. Steve Nicholson, Kunde Company, Inc., discussed the impact on trees located in the proposed improvement area. Ann Smith, representing residents of Ethan Avenue, addressed the Council stating their support of Option H, which had no trail, and consisted of a 24' paved roadway with 2 foot gravel shoulders. Leroux made motion, Goiffon seconded, to approve Option H, as designed by OSM, for improvements to Ethan Avenue. Council member Barnes felt that the Council should include some kind of trail system when making improvements to reduce conflicts between growing pedestrian and automobile use of the roadway. City Council meeting of October 5, 1998 Page 7 Voting AYE: Arcand, Goiffon, Leroux Voting NAY: Barnes and Miron Motion Carried. ONEKA LAKE ESTATES DEPOSIT The City Attorney stated that the RCWD is holding a $5,000 deposit from the Oneka Lakes Estates developer. The City is currently negotiating with a development resident to obtain, and pay for, an easement that should have been provided by the developer. Barnes made motion, Leroux seconded, authorizing the City Attorney to commence a lawsuit in an attempt to obtain the developer's deposit from the RCWD to cover costs incurred to obtain a roadway easement from a development resident: All aye. Motion Carried. Leroux made motion, Goiffon seconded, to adjourn at 11:00 a.m. All aye. Motion Carried. Mary Ann Creager, City Clerk