HomeMy WebLinkAbout1988.06.22 PC Minutes0
Hugo Planning Commission Minutes - June 22, 1988
The regular meeting of the Hugo Planning Commission was called to order by
Chairman Senkler at 7:00PM.
PRESENT: Sullivan, Henry, Sonnenfeld, Jesinski, Barnes, Senkler,
Administrator Huber, Carole LaBelle, intern Tom Marshall, code enforcement
officer John Benson
Motion made by Barnes, seconded by Henry to approve the minutes of May 25,
1988 as amended.
All aye, motion passed.
Amended Special Use Permit (Hansen/G_oiff ... o_n.)_
Chairman Senkler requested that Admininstrator Huber review the amended
special use permit application with the Planning Commission. Mr. Huber
stated that Mr. Elmer Hansen and Mr. Andrew Goiffon have made application
to the City of Hugo for an amended special use permit for the operation of
a gravel pit in the City of Hugo. The property in question is zoned
agricultural and has been operated as a gravel pit prior to Oneka
Township's consolidation with the City of Hugo in the early 1970's. Said
property is described as follows; The northwest 1/4 of the southwest 1/4
of Section 23 and the northeast 1/4 of the southeast 1/4 of Section 22 and
the southwest 1/4 of the northwest 1/4 of Section 23 all in T311\1, R21W,
Washington County, Minnesota. The 120 acre tract of land in question has
been regulated by the city through the mining permit process dating back
to 1972. Gravel pits are permitted uses in an agricultural district by
special use permit. In reviewing the August 13, 1987 report of the city
engineer it would appear that the gravel pit has been operating within the
scope of it's mining permit and previously issued special use permits.
On researching the city files it appears that the tract of land currently
involved in the Richard Schuh mining operation involves two parcels of
land. The tract located in the north half of Section 23 is owned by
Andrew Goiffon and operated by Richard Schuh. In previous legal
descriptions the parcel has been described as a forty acre tract of land.
Mr. Andrew Goiffon is the holder of the special use permit for the gravel
pit operation on said tract.
The parcel located in the south half of Section 23 is legally described as
a forty acre tract of land, however, the site plan submitted a number of
years ago reflects a tract of approximately 23 acres. This parcel of land
was apparently owned by the Hansen family and leased to a Fischer
Construction co. until 1985 when it was turned over to Mr. Richard Schuh.
The permits issued by the City in 1985, 1986, 1987 all involved an 80 acre
tract of land generally described as the southwest 1/2 of the northwest
1/2 of Section 23 and the north 1/2 of the southwest 1/2 of Section 23,
both in T31N, R21W.
Currently Mr. Elmer Hansen and Mr. Andrew Goiffon own the property in
question and they have a special use permit to operate a gravel pit at
this location. Mr. Richard Schuh leases the property in question from the
two owners and has a mining permit to operate on the site within the scope
of the permitting conditions. When a bituminous manufacturing plant is
P.C. Minutes - 6-22-88
Page 2
operating on site, said plant is licensed by the state of Minnesota for
the operator of the plant. During the last 2 years the licensed operator
has been Anderson Bros. Construction Co. of Brainerd, Minnesota. It would
appear from legal descriptions and site plans submitted on earlier
occasions that the overall tract of land being mined and permitted by the
City consists of approximately 80 acres. The application before the
Planning Commission expands the scope of the mining operation by an
additional 40 acres described as the northeast 1/4 of the southeast 1/4 of
Section 22, T31N, R21W.
The staff would recommend the following conditions be part of any special
use permit:
1. No illegal or unpermitted dumping may be permitted on site unless
allowed by city ordinance or permitted within the scope of the mining
permit.
2. All unlicensed and inoperable vehicles are to be removed from the site
by June 1, 1989.
With regard to the additional 40 acres included in this application this
parcel would have to be included in this special use permit for Mr. Elmer
Hansen and be a part of the mining permit applied for by Mr. Richard
Schuh.
In light of the residential development that has occurred on the eastern
1/2 of Section 22 the staff suggested that the Planning Commission
consider very carefully Mr. Schuh's request to expand the scope of his
mining operation up to the residential area to the east.
Chairman Senkler requested comments from the public on this issue. Area
residents concerns included the following;
1. Ground water contamination from potential spills at the site.
2. Additional traffic on the haul route and the safety of area residents.
3. Who pays for road repairs when necessary?
4. The city may be eliminating the rights of the business operator by
virtue of the additional development allowed on County Rd. 8A.
The planning commission was concerned that the proposed additional 40
acres would abutt a highly populated area. Ms. Barnes questioned whether
any govermental agency took a serious interest in the activity at the
gravel pit regarding noise and ground water pollution. Administrator
Huber stated that the MPCA licenses and regulates all asphalt
manufacturing operations within the state and we rely on their ability to
inspect and identify any problems that might occur. The commissioners
suggested that the pit operator invest in studies to determine or verify
that the operation is not contaminating the water or exceeding acceptable
noise levels. Chuck Henry agreed the issue was that the gravel pit was
attempting to encroach on area residents.
Motion made by Senkler, seconded by Henry to recommend denial of the
application by Elmer Hansen and Andrew Goiffon for an amended special use
permit to allow for the expansion of the gravel pit operation from 80
acres to 120 acres as previously described for the following reasons;
P.C. Minutes - 6-22-88
Page 3
1. Encroachment into the residential area along Hyde Ave.
2. Additional traffic and noise from the pit.
3. Lack of studies addresing groundwater & noise pollution.
4. Safety concerns of area residents.
All aye, motion passed.
Mining Permit Recommendations (Richard Schuh)
Administrator Huber reviewed the mining permit application with the
Planning Commission. Mr. Huber stated that Mr. Richard Schuh has made
application to the City of Hugo for a mining permit to operate a gravel
pit and bituminous manufacturing operation west of Irish Ave. and south of
147th St. The property in question is zoned agricultural and consists of
approximately 120 acres as described in the previous item. The 1987-1988
issued mining permit limits the activities on site to stockpiling and
hauling away of stockpiled granule material, specialized aggregate being
hauled to the site, and stockpiling recyclable asphalt as well as asphalt
manufacturing. Although the mining permit requires no formal action of
the planning commission, the past policy of the council has been to
request planning commission input on any possible modifications to the
mining permit. The city staff has recommended several amendments to the
mining permit application.
Administrator Huber stated that this is also a request for expansion of
the mining operation. The current mining permit expires on July 6, 1988.
Area residents made several recommendations for the modification of the
permit issued in 1987. The council took these recommendations under
consideration and incorporated several of their suggestions.
Commissioners inquired about the monitor and what the specific duties
would be at the pit. Mr. Huber informed the planning commission that the
monitor would be for the operation of a bituminous plant only and would be
paid for by the license holder of the bituminous plant to report on the
hours of operation, storage of material, and specific activity being
conducted by licensee.
Motion made by Senkler, seconded by Jesinski to recommend approval of the
mining permit application for Richard Schuh to continue operating an 80
acre site but not for the expansion to 120 acres subject to the following
additional conditions;
1. Road repairs on Irish Ave. as recommended by the city engineer be made
by the applicant at his expense.
2. An on-site monitor be provided by the city during the period that the
bituminous manufacturing is taking place and that the bituminous
manufacturing permit holder deposit with the city a $2,000 check to
compensate for monitoring services provided.
3. The mining permit be issued for a two year period expiring July of
1990 unless however, violations of the mining permit are such that
warrant possible revocation of the permit.
Members voting Aye: Sulivan, Senkler, Jesinski, Henry, Sonnenfeld
Members voting Nay: Barnes
P.C. Minutes - June 22, 1988
Page 4
Minor subdivision_Reguest (H. Johnson)
Administrator Huber reviewed the application for subdivision with the
planning commision. Mr. Huber stated that Howard and Viona Johnson have
made application to the City of Hugo for a minor subdivision and waiver of
the formal platting requirements to subdivide a 17.4 acre tract of land
into two parcels. Currently the tract in question is identified as two
separate parcels as per the Washington County auditor. Currently there
is a home on proposed tract B and a pole barn on proposed tract A. It is
our understanding that Mr. Johnson intends to sell tract A to Linda
Lillie for construction of a home on said site. There is a small portion
of wetland on the east portion of this site, but the applicants have
indicated that they do not intend to disturb this area. The property in
question is zoned RR2 requiring minimum 5 acre tracts for development.
The city staff can see no reason to deny the application, however, we
could not recommend the dedication of a 66' roadway from 130th St. to
tract A in that it does not conform to city policy unless a 5 ton
bituminous road is constructed. City policy would allow Mr. Johnson to
convey an easement to the owner of tract A allowing access to 130th St.,
however, this would prohibit the future subdivision of tract A. The
entire parcel in question is generally described as the south 834.8 ft. of
the southwest 1/4 of the southwest 1/4 of Section 26, T31N, R21W,
Washington County, Minnesota, excepting therefrom the west 417.4 ft.
thereof. If the planning commission recommends approval of this minor
subdivision we would recommend said approval be subject to special
condition.
Mr. Huber pointed out the existing driveway is at the intersection of
Irish Ave. and 130th St. and this access would serve both lots. Chairman
Senkeler requested comments from the public. Residents were concerned
with the sizes of the lots, whether it could be subdivided in a north
south direction. Residents were informed that the city does not generally
dictate how property should be subdivided and the proposed subdivision
brings the two lots more into compliance with city requirements than
currently exist. Ms. Judy Bailey stated she had no objection to the
request.
Motion made by Sonnenfeld, seconded by Sullivan to recommend approval of
the request of Linda Lillie/Howard and Viona Johnson to subdivide 17.4
acres into two lots one 10.32 acres and one 6.81 acres subject to the
following conditions;
1. A preliminary survey be submitted to the city council within 90 days
of the planning commissions recommendations.
2. That any recommendations of the Rice Creek Watershed District or other
governmental agencies be complied with.
3. Preliminary survey not be submitted to the city council until all
engineering, legal, and staff recommendations have been incorporated
into the plat.
4. All fees relating to the subdivision shall be paid by the applicant
and the cost of recording documents with Washington County.
5. The developer shall pay the fee in lieu of parkland dedication at the
time of survey approval.
P.C. Minutes - June 22, 1988
Page 5
6. All conditions of this approval must be met prior to the stamping of
any deeds for recording by the city clerk unless otherwise permitted
by council action.
7. The property lines must be identified on site to assure proper
setbacks when buildings are to be constructed if required by the
building inspector.
8. Any commercial or industrial use of said property not specifically
permitted in this zoning district shall be strictly prohibited.
9. Driveway or drainage areas must include the installation of a minimum
15" diameter corrugated metal culvert in a manner acceptable to the
city.
10. On site activities permitted as a result of this subdivision shall not
cause the altering of any watercourse, ditch, or drainage system.
11. Percolation tests must be submitted to the city prior to issuance of
final survey approval.
12. Approval of this subdivision shall not create any landlocked parcels
also owned by the owner/applicant.
13. The property owners shall convey with tract A a minimum 30' driveway
easement on the southeast end of the site in question to provide
adequate access to tract A. If the owner/applicants prefer
construction of an approved roadway and dedication of said roadway to
the city, it must be constructed as per city policy.
All aye, motion passed.
Amended SDecial Use Permit (Wil Harris)
Administrator Huber reviewed the request of Mr. Wilbur Harris who has made
application to the City of Hugo to amend a special use permit issued in
November of 1983 for the operation of a liquor and restaurant
establishment at 17285 Forest Blvd. No., Hugo, Minnesota. Item number 6
of this special use permit requires that "whenever there is a band, or if
the license holder shall operate a disco -type operation, there shall be a
uniformed peace officer, holding a valid, full-time, Minnesota peace
officer license on the premises". Mr. Harris has requested that this
condition of the special use permit be deleted. The parcel in question is
identified as tax parcel #93005-2320. The property in question is zoned
RB (retail business) and the type of activity conducted on site is
permitted in such zoning district by special use permit. A copy of this
request has been forwarded to the Washington County Sheriff's office for
their recommendation.
Mr. Len McLaughlin representing Mr. Harris stated that since Mr. Harris
took over the Texan Bar in December 1987 there have been no calls to the
sheriff's department. He also stated that it is quite a financial burden
on the club to employ an officer when there is such a small group of
patrons. Mr. McLaughlin had no objection to having an officer on duty
when they sold tickets for specific events when revenue was greater. Mr.
Huber also spoke to the Washington County Sheriff's Dept. and they had no
problem with the revision of the permit.
~
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P.C. Minutes - June 22, 1988
Page 6
Motion made by Barnes, seconded by Sullivan to recommend approval of the
amended special use permit request for the Texan Bar to change condition
#6 as follows;
Whenever there is a fee event on site there shall be a uniformed peace
officer, holding a valid, full-time Minnesota Peace Officer license on the
premises and this condition could be changed to include dances and disco
type events if deemed necessary by the Washington County Sheriff.
All aye, motion passed
Motion to adjourn made by Sullivan, seconded by Henry.
All aye, motion passed
Carole LaBelle, Secretary
Hugo Planning Commission