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HomeMy WebLinkAbout1989.06.05 CC MinutesThe meetinp was called to order by Mayor Atkinson at 7:00 PM. PRESENT: McAllister, Jesinski, Olson, Vail, Atkinson City Administrator, Ken Huber City Clerk, Mary Ann Creager Olson made motion, Vail seconded, to approve the minutes for the regular City Council meeting of May 15, 1989 as amended. All aye. Motion Carried. Vail made motion, Olson seconded, to approve the General Claims for June 5, 1989 in the amount of $26,333.26. All aye. Motion Carried. Olson made motion, Jesinski seconded, to approve the Utility Claims for June 5, 1989 in the amount of $3,736'27. All aye' Motion Carried. On behalf of Birchwood Builders, Inc', Mr. Richard Granger has made application to the City of Hugo for the subdivision of a 6 1/2 acre tract of land identified as Outlot A of Bald Eagle Estates subdivision. This property is to be formally platted with variances allowing for use of zero lot lines and less than one acre lot sizes. The plat in question is zoned SFE, and would contain twelve 33' x 100' lots and a 13th lot that would be the commons area available for use by members of the homeowner's association. The plat in question will have access by Falcon Court North which will be fully improved as a part of the Bald Eagle Estates subdivision. The preliminary plat for Bald Eagle Estates #2 was approved by both the Planning Commission and City Council earlier this year. The Articles of Incorporation and Restrictive Covenants for this plat are on file with the City. The recommendations of the city attorney have been incorporated into the special conditions recommended herein. All on-site utilities and roads are to be private and maintained by the homeowner's association' Permits for this development have been secured from the Rice Creek Watershed District and the final plat has been reviewed by the Washington County Surveyor's Office. The developer has secured a Special Use Permit for Planned Unit Development relating to this plat, and intends to develop said project subject to the conditions of the SUP and plat approval. McAllister made motion, Vail seconded, to approve the final plat of BALD EAGLE ESTATES #2 for the subdivision of 6 1/2 acres into 12 - 33' x 100' lots and a 13th lot for a commons area. The property is identified as Out A of Bald Eagle Estates subdivision. Approval of this final plat is subject to the following special conditions: 1. Subdivision approval shall be contingent upon compliance with the plat requirements, as well as the grading, stormwater drainage, and utility plans. City Council meeting of June 5, 1989 Page 2 2. All conditions of plat approval must be met prior to the stamping of any deeds for recording by the city clerk unless otherwise permitted by Council action. 3. The property lines on site must be identified by the applicants to assure proper setbacks when buildings are to be constructed if required by the building inspector. 4. No building permits shall be issued until the plat has been approved and recorded with Washington County. 5. Securing the required permits from the watershed district, Department of Natural Resources, and Army Corps of Engineers is required prior to final plat approval. 6' All fees relating to this subdivision shall be paid by the applicant including the cost of recording documents with Washington County. 7. All lots must be served by municipal sanitary sewer and private well. S. Payment of fee in lieu of parkland dedication shall be made to the City prior to final plat approval. 9. This approval shall be granted with the understanding that said subdivision does not create any landlocked parcels by the petitioner and land owner. 10. Installation of private roadways including street, curb and gutter, stormwater control, and utilities shall be installed at the developer's expense. 11. No improvements, landscaping, or grading shall be permitted in the defined drainage areas without the express written authorization of the City and the approved watershed districts' 12. All property owners shall be responsible for maintenance of drainage areas within easements on their property. 13. Developer shall comply with all requirements and restrictions applicable to identified wetlands. 14. The developer shall deposit with the City an initial amount of $5,000 to cover legal, engineering, administrative, and other costs related to this development. 15. Developer agrees that lots to be abutting on cul-de-sac or termination turn-arounds of streets shall be provided with adequate off-street parking such that the City could prohibit on street parking if deemed necessary for safety or maintenance purposes. 16. The developer shall be responsible for street signs, identifying mailbox locations, providing as -built drawings, and installation of trees and culverts within the development, as required. 17. Any exterior lighting or advertising activities on site must be approved by the City. 18. The use for which this permit is sought is not in violation of any restrictive covenants applying to the property referenced herein. 19. The developer shall permit access to the referenced site for periodic inspections to assure conformance with this subdivision. 20. All drainage and erosion control methods proposed for this development shall be completed prior to the City accepting the roadway or public improvements serving said development. 21. Legal descriptions of all parcels to be subdivided should be included. 22. Approval of the final plat by the City does not indicate approval or disapproval of operative documents that define rights and remedies between the developer and future owners. City Council meeting of June 5, 1989 Page 3 23. All streets and utility lines within the platted area shall be private and maintained by the developer and/or homeowner's association. 24. All drainage areas within the plat shall be the responsibility of the- homeowner's hehomeowner's association. 25. Recording of restrictive covenants, Articles of Inc., and by-laws with the plat. All aye. Motion Carried VARIANCE EQjES- - SETBACK (J. Mr. John Hancock has made application to the City of Hugo for a variance from the City shoreland regulations requiring a 200' setback for structures from the high water mark on the shore of Horseshoe Lake. The property in question was a separate lot of record in 1958, and currently cannot meet the setback requirements of the City's zoning regulations. The applicant is requesting a variance from the 200' setback requirement that will allow the principal structure to be constructed 150' from the high water mark on shoreline. The property in question is located on the western shore of Horseshoe Lake just north of 170th Street. The site is served by a private road easement, is zoned agriculture, and consists of approximately 1.42 acres. The applicant is requesting this variance to construct a single family residence on said site. The Board of Zoning Adjustments has recommended approval of the variance in question with the understanding that no structures on site will be located closer than 150' from the high water mark of Horseshoe Lake. The property in question is identified as Parcel No. 93004-0060. Mr. Chester Buchanan was present at the meeting and stated that he was unaware that the variance requested was from the high water on the shore of Horseshoe Lake. He had assumed the variance was from the existing shoreline on the day that he measured the distance' The high water mark for Horseshoe Lake had not been determined. Mr. Buchanan was concerned that he would be in violation of the variance should the area receive a great deal of moisture and the shoreline change after City approval. Atkinson made motion, McAllister seconded, to approve the request of Mr' John Hancock and Mr' Chester Buchanan for a variance from the City's shoreland regulations requiring a 200' setback from the high water mark on the shore of Horseshoe Lake that will allow the principal structure to be constructed 150' from the existing shoreline of Horseshoe Lake on the property identified as Parcel No. 93004-0060. All aye. Motion Carried. Mr' James Bjerkness has made application to the City of Hugo for a variance to allow construction of a 3 -stall attached garage to his home being constructed at 12320 Fiona Avenue, Hugo, MN. The property in question is zoned RR2 and consists of approximately 8.2 acres. The maximum attached garage allowable under our current ordinance is 720 sq' ft' Mr. 8jerkness is asking to exceed the maximum garage size by City Council meeting of June 5. 1989 Page 4 approximately 128 sq. ft. The property in question is located south; of 125th Street and west:. of Fiona Avenue (Parcel. No. 93032-2627). Thee applicant has indicated that the garage is for residential purposes only, and will be attached to the residence as noted on the submitted site plan. City staff can see no objection to the granting of the variance as the Council has directed the amendment to the City code increasing the square footage permitted for a private garage .in a residential zone. Jesinsk:i made motion, Olson seconded, to approve the variance request of Mr. James Bjerk:ness for the construction of a :3 -stall attached garage, consisting of 848 square feet, to the residence at 12320 Fiona Avenue identified as Parcel No. 93032-2627. All Aye. Motion Carried. VARIANCE REQUEST - GARAGE (J. GALLMEIER Mr. John Gallmeier has made application to the City of Hugo for a variance permitting an oversized attached garage on his property located west of Elmcrest Avenue approximately 1/4 mile south of 140th Street (Parc:el. No. 93030-2560). Mr. Gallmeier is requesting a 1,430 square foot attached garage that exceeds the 720 square foot garage permitted by the City's ordinance. The proposed home exceeds the size of the garage being requested. This matter was reviewed by the Board of Zoning Adjustments at. their May 24, 1999 meeting, and said Board unanimously recommended approval of the variance noting that the City is in the process of changing its garage square footage requirements in the City's zoning ordinance. The garage in question is to be used for residential purposes only, and will be located 1.35' from the front yard property line. The property is zoned agriculture and consists of approximately 10.2 acres. The property in question is generally described as all that part of the SW 1/4 of the NW 1/4 of Section .30, T.31NI R21W, Washington County, Mn., lying northwesterly on the centerline of Elmcrest Avenue North as presently laid out and traveled. Vail made motion, Olson seconded, to approve the variance request of Mr. John Gallmeier for the construction of a 1.,4=0 square foot attached garage, for residential purposes, on his property identified as that part of the SW 1/4 of the NW 1./4 of Section 30, T:':l.N, R '1W, Parcel No. 93030-2560. All aye. Motion Carried. FPE:EL_IMINARY _PLAT -_E_OUt-dii LA1--.'E;_ ADD! TION_ (FBF_URTSCHELi_ER/SI.MONEi__ On behalf of Jeanette Pfurtscheller and William Simonet, Jr., Mr. La:r.r.. Samstead has made application to the City of Hugo for the subdivision of a 36.9 acre t:.ra.ct of land into 7 lots consisting of approximately 5 acres each. The property in question is zoned RR2, and is located between Janero Avenue and the east shore of Round Lake. Three of the proposed lots in question are located on Round Lake, and four of the lots are located south of the proposed 121st Street. The applicant is also requesting a variance from the lot width requirement;, at the setback: line City Council meeting of June 5, 1989 Page 5 for Lots 2 and 3 of Block 1 of the proposed subdivision. This tabled request was reviewed again by the Hugo Planning Commission at their meeting of May 24, 1989, at which time said Commission unanimously recommended denial of the preliminary plat based on the following reasons: 1. Potentially hazardous intersection proposed at the east end of Lot 1, Block 1. The intersection in question was not corrected as per Planning Commission request. 2. All three lake lots are under the 300' lot width requirement at the building setback line. 3. The proposed drainage plan appears to drain the water off the property at a rate faster than currently exists. If the City Council follows the course of the planning Commission's recommendation, City staff recommends that the Council be very specific with regard to the reasons for denial of this plat as it relates to the City's subdivision requirements and development plan for the City. Administrator Huber reviewed the preliminary plat with the Council and the proposed changes made in the plat at a meeting held with the city engineer on 6/5/89' The applicants stated that they concurred with the staff recommendations for the plat. Councilman Olson stated that he had previously walked the property in question, and was opposed to the subdivision because of the wetlands located on the property, and the need for large variances in width for two lots located on the lake. Atkinson made motion, Vail seconded, to approve the preliminary plat for Jeanette Pfurtscheller and William Simonet, Jr., for the subdivision of 36.9 acres into seven lots to known as ROUND LAKE ADDITION. The property is generally described as the S 1/2 of the SW 1/4 of the SE 1/4 of Section 35, T31N, R21W, and that part of Government Lot 1, Section 35, T31N, R21W, lying east shore of Round Lake. Approval is subject to the following special conditions: 1' The final plat must be submitted to the City Council within 90 days of preliminary survey acceptance or approval shall be null and void. 2' The property lines on site must be identified by the applicants to assure proper setbacks when buildings are to be constructed if required by the building inspector. 3. Proposed driveways or drainage areas within the development must include installation of a minimum 15" diameter corrugated metal culvert in a manner acceptable to the City if required. 4. No building permits shall be issued until the plat has been approved and recorded with Washington County. 5' Submittal of a separate drainage plan and securing of the required permits from the watershed district, Department of Natural Resources, and Army Corps of Engineers as required prior to final plat approval. 6. All fees relating to this subdivision shall be paid by the applicant including the cost of recording documentswith Washington County. 7. Percolation tests for each buildable site must be submitted to the City prior to final survey or plat approval. G. Payment of fee in lieu of parkland dedication shall be made to the City prior to final plat approval. City Council meeting of June 5, 1989 Page 6 9. This approval shall be granted with the understanding that said subdivision does not create any landlocked parcels by the petitioner and land owner. 10. Installation of required roadways and stormwater control shall be installed at the developer's expense. Slope easements for roadway shall be provided as per city engineer's recommendation. 11' Subdivision approval shall be contingent upon full compliance with the developer's agreement between the City and developer. 12. No improvements, landscaping, or grading shall be permitted in the defined drainage areas without the express written authorization of the City and the approved watershed districts. 13. All property owners shall be responsible for maintenance of drainage areas within easements on their property. 14. Developer shall comply with all requirements and restrictions applicable to identified wetlands and City subdivision ordinance. 15. The developer shall deposit with the City an initial amount of $5,000 to cover legal, engineering, administrative, and other costs related to this development. 16. Developer agrees that lots to be abutting on cul-de-sac or termination turn-arounds of streets shall be provided with adequate off-street parking such that the City could prohibit on street parking if deemed necessary for safety or maintenance purposes. 17. The developer shall provide a financial guarantee, equal to 1.25 times the amount of the required public improvements to be installed, to serve lots within this development. 18. The developer shall be responsible for street signs, identifying mailbox locations, providing as -built drawings, and installation of trees and culverts within the development, as required. 19. No significant deviations from the approved preliminary plat shall be permitted unless reviewed by the Planning Commission prior to Council approval. 20. Any exterior lighting or advertising activities on site must be approved by the City. 21. The use for which this permit is sought is not in violation of any restrictive covenants applying to the property referenced herein. 22. The developer shall permit access to the referenced site for periodic inspections to assure conformance with this subdivision. 23. All drainage and erosion control methods proposed for this development shall be completed prior to the City accepting the roadway or public improvements serving said development. VOTING AYE: McAllister,-Jesinski, Vail, Atkinson VOTING NAY: Olson Motion Carried. In November of 1988, the City Council approved a minor subdivision in Peloquin Industrial Park allowing for the creation of a 1.7 acre tract of land located in part of the W 1/2 of the SW 1/4 of Section 17, T31N, R21W, Hugo, MN. The property in question is zoned industrial, and Council approval was subject to complying with all special conditions within 90 days of survey approval. Mr. Peloquin was unable to secure the required permits from the RCWD, and requested an extension to June 5, 1989 to City Council meeting of June 5, 1989 Page 7 resolve the issues involving the RCWD. This request was subsequently approved by the City Council, and Mr. Peloquin's subdivision approval will expire and become null and void on June 5, 1989. Mr. Peloquin is again requesting another extension until August, 1989 in an attempt to try and resolve these issues and concerns needed to get the required permits from the RCWD' McAllister made motion, Olson seconded, to grant an extension to September 18, 1989 to enable Mr' Vern Peloquin to obtain the required permits from the Rice Creek Watershed District allowing him to split 1.7 acres in the Peloquin Industrial Park. All aye. Motion Carried. YINNEMOTn_PIPELYNE PERMIT REQUEST Minnesota Pipeline Company is requesting permission from the City of Hugo to construct an additional 16" pipeline which will cross City roads and right-of-way. The City has no regulatory authority regarding the construction of this pipeline with the exception of permission to cross municipal roads. The pipeline will cross 125th Street, Goodview Avenue, 130th Street, 146th Street, and Elmcrest Avenue. The casing for the pipeline will be bored and jacked under all roads as per the submitted crossing profile plan' This request has been submitted to the Hugo city engineer for his review and recommendation. Mayor Atkinson and Councilman McAllister expressed concern with the proximity of the pipeline to existing/future residences. McAllister made motion, Atkinson seconded, to approve the request of Minnesota Pipeline Company to construct an additional 16" pipeline across the following streets in the City of Hugo for calendar year 1989: 125th Street, Goodview Avenue, 130th Street, 146th Street, and Elmcrest Avenue. Approval is subject to the following: 1. Minnesota Pipeline Company shall provide the City with "as -built drawings" for existing pipeline and proposed pipeline when completed. 2. City of Hugo is to be notified 48 hours prior to making the qoad crossings. 3. Applicant shall be responsible for repairs to roads at the crossing for a period of twelve months after construction completion. 4. Road crossing construction method to be approved by the City engineer. All aye. Motion Carried' A sample resolution and Declaration of Trust allowing for the City of Hugo's participation in the ICMA deferred compensation plan for public employees was submitted to the Council for their review. Currently, the City of Hugo has no deferred compensation plan available to its employees. This resolution authorizes participation in the plan, and the City has no obligation to make contributions to the plan unless City Council meeting of June 5, 1989 Page 8 specifically requested by employees and authorized by the City. This plan allows for an alternate method of compensation to employees if they so choose to participate. The retirement corporation has offered this nationally available public employee deferred compensation plan since 1972. The corporation is independent and has a non-profit status. Over 3200 local governments offer this deferred compensation plan to their employees. The current trust balance in the RC is in excess of 1 billion dollars. There are no costs to the employer other than the city's employee time in sending a single contribution check for all participants on a schedule convenient to the employer. Atkinson made motion, McAllister seconded, to adopt RESOLUTION 1989-13, RESOLUTION FOR THE CITY OF HUGO RELATING TO A DEFERRED COMPENSATION PLAN. VOTING AYE: McAllister, Jesinski, Olson, Vail, Atkinson All aye. Motion Carried. ESTABLISH SEALCOATING PROGRAM FUND (RESOLUTION) The City of Hugo is anticipating that in 1988 and 1989 nearly 20 miles of municipal roads will be paved. These improvements will be a result of developer constructed roadways, the City's capital improvements programs, and other road improvements petitioned for under Chapter 429 of the Public- Improvement ublicImprovement Code. In an effort to plan for the ungoing maintenance of these roads, City staff is recommending the establishment of a sealcoating maintenance fund that will make monies available when needed for maintenance in the next 4 to 5 years. It is the intent that this fund be established with bond proceeds, developer's deposits, and general fund contributions. All funds withdrawn from the fund are to be spent on sealcoating for projects contributing to the fund' McAllister made motion, Vail seconded, to adopt RESOLUTION 1989-14, RESOLUTION ESTABLISHING A SPECIAL SEALCOATING FUND OF 1993. VOTING AYE: McAllister, Jesinski, Olson, Vail, Atkinson Motion Carried. CHANGE JULY 3 COUNCIL MEETING DATE In that the first regular meeting of the City Council in July falls just prior to Independence Day, city staff thought the City Council may want to consider moving the Council meeting to Wednesday, July 5, 1989 at 7:00 PM in the City Hall Council chambers. Atkinson made motion, Olson seconded, that City Hall be closed on July 3, 1989 and the regular City Council meeting for the 1st Monday in July be moved to July 5, 1989. All aye. Motion Carried. ss - City �� City Council meeting of June 5, 1989 Page 9 The City received a letter from Merila and Associates indicating their plans for completing the east pond in Hugo Meadows subdivision. The City has been in receipt of complaints from neighbors adjacent to the pond, and it is the intent of the Harstad Companies to make these improvements as soon as possible. John Johnson, representative for Merila and Associates, was present to review the proposed plans and answer questions from the Council and residents of Hugo Meadows living adjacent to the pond in question. Mr. John Johnson stated that all vegetation in the wetlands south of the pond would be handled consistent with their wetlands permit. Mr' Johnson addressed property owners' concerns regarding the flow of water from the wetlands ditch through the culvert to the pond. The property owners agreed that it wouldn't be a good idea to stop the flow of water from the ditch to the pond as the pond might dry up. Vail made motion, Atkinson seconded, to approve the grading plan for completion of the east pond in Hugo Meadows subdivision subject to the following conditions: 1. The developer shall install a silt fence near the borrow area to All aye. Motion Carried. CABLE TV REQUEST RR OTENS101--4 The deadline for accepting the cable TV franchise by Cable North Central is Monday, June 5, 1989' Because of an unforeseen delay, they are requesting an extension to June 30, 1989 to get the Franchise back to the City. This will not delay the construction start or the anticipated September completion date. Vail made motion, Jesinski seconded, that the City of Hugo grant an extension to June 30, 1989 to allow Cable North Central to accept the Franchise and return it to the City. All aye. Motion Carried. prevent erosion into the wetlands north of said borrow area. 2. The developer shall seed and mulch Lots 8, 9, 10, and 11 of Block 2 of Hugo Meadows subdivision in an effort to control erosion and said lots. 3. The steep bank areas on the west and north ends of the pond, where seeding will not be effective, shall be sodded as a method of erosion control. 4. The borrow area identified in Block 4 of the proposed Hugo Meadows South shall be mulched and seeded after the borrow material is removed. 5. The west and north banks of the pond in Block 2 of Hugo Meadows subdivision shall be constructed to a 5:1 slope with vegetation planted for erosion control in a manner acceptable to the City. 6. The Harstad Companies shall pay to the City, administrative fees due and previously billed for work done in conjunction with the Hugo Meadows plat and public improvements. 7. All of the above to be complete by June 30, 1989' All aye. Motion Carried. CABLE TV REQUEST RR OTENS101--4 The deadline for accepting the cable TV franchise by Cable North Central is Monday, June 5, 1989' Because of an unforeseen delay, they are requesting an extension to June 30, 1989 to get the Franchise back to the City. This will not delay the construction start or the anticipated September completion date. Vail made motion, Jesinski seconded, that the City of Hugo grant an extension to June 30, 1989 to allow Cable North Central to accept the Franchise and return it to the City. All aye. Motion Carried. N' City Council meeting of June ?, 1989 Page 10 MiSCEELL.aPSOUS Atkinson made motion, Olson seconded, that the City of Hugo renew the health and dental insurance from .1:•`89 - 7/11.%90 through the League of Cities. All aye. Motion Carried. The City administrator advised the City Council that in the legal matter Sampson vs the City of Hugo, a summary judgment in favor of the City of Hugo was received. The City Council was informed that the Hugo Lions Club will be using the tennis courts for the Satuday night street dance - Good Neighbor Days. Because the Lions Club had already made purchases needed for the relocation of the dance, the Council decided to not make any change, but suggested that the poles within the courts be padded, and that the bandshell set up outside of the tennis courts. Councilman Jesinski asked that the city administrator send a letter to the Washington County Sheriff, on behalf of the City Council, commending Deputy Klenk's rescue efforts at a recent accident in Lino Lakes. 'fail made motion, Jesinski seconded, to adjourn at 9:07 PM. All aye. Motion Carried. Mary r Creager, C' { Clerk City - Hugo