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HomeMy WebLinkAbout1993.05.03 CC MinutesM I NUTES--- The meeting was called to order by Mayor Stolt.zman at 7:00 PM. PRESENT: Barnes, Brunotte, Mi.ron, Stolt man City Administrator, Robert Muspus City Attorney, Greg Gal.ler City Engineer Representative, Eric Wharton and Jack. Griffin City Clerk:., Mari/ Ann Creager ABSENT: James Leroux Miran made motion, Brunotte seconded, to approve the minutes for the regular City Council meeting of May 3, 1.993, as submitted. All aye. Motion Carried. Barnes made motion, tliron seconded, to approve the minutes for the special City Council meeting of April 26, 1993, as submitted. VOTING AYE_.: Barnes, Brunotte, Mi.ron ABSTAINED: Stoltzman Motion Carried. tliron made motion, Brunotte seconded, to approve the claims for May 3 1993, in the amount.:. of $38,411..35. A11 aye. Motion Carried. F'ENEE_• �� Eh1SUt�l �;�C: F-�nC1l:_ E f F .FrP C: ANP T riE 7TE 1 . _ .. ._. _ ....»...»_......_._».......__..._—..._...L.. Renee Jenson, candidate for the White Dear Lake School Board, addressed the Council regarding her candidacy. TAVERNIER/t-1- LM )RY: t_ P CIF I_ .�1`•`E,».PEFt�11.T On April 5, .1993, the City Council considered an application from Darrell Tavernier and Robert McElmury for a SUP to operate a boat -rental. establishment on property owned by Tavernier on the north End of Bald Eagle Lake. At the meeting, the Council directed the City Administrator �: t.. � - f consideration tC] F _�pc:1 Y"E, mac. � '— ` Council. . ++ r T. SUP p- .�rE.•:. .Rr.<::1 � �...F' r.+r" l:,;' the :c...(n,_i l . The �.l_ prepared took into [:('jris:1.;-i/!.i:',ration concerns raised L-+;•' the !-il.go PCduring a publichearing they conducted on March 24, 1933. as well as comments s r'r..:(:•F?'.Vf.• d from adjacent property y o(:Jriers:_ during the City Council meeting of April 5, SUP ' ,l,�i9. The...�+_.?P hri7ii: i:aE:ii'+_?f'7 Y"E:".!1.eVdC='(:1 by t4"1E' CJ..j".'':' Attorney, aJl".h C071's. forwarded to the 0skshore "ark Homeowner's ri ... _ ;'l ,. s:::!'";'_, Mr. ..I .. il'c ...r•{ . ...... :Cali . representing property y own(='r:'r's on the north side of Said Eagle Lake. Mr.: McElmury was:::. ::+rr':-.ent at the meeting, and stated tnat he had no obje('a.ione to the conditions of the Miron made motion, Brunotte seconded, to approve the Special Use Permit request of Darrell Tavernier and Robert McElmury to operate a boat -rental establishment on the north end of Bald Eagle Lake. Approval is subject to the special conditions on file in the office of the Cit;' Clerk. All aye. Motion Carried. City Council meeting of May 3, 1993 Page 2 Richard and Gloria Ophus have requested variances for the construction of a new septic system and garage on their property located at 12930 Ingersoll Avenue. If granted, the variance would allow a new septic system to be located 45' from Sunset Lake, and their garage to be located 12' closer to Ingersoll Avenue than their residence' The Board of Adjustments considered their application on April 28, 1993, and made no recommendation on this issue. They expressed concern about the number of variances for septic systems being accepted and approved. The Board requested the City find other solutions to provision of sewage treatment for homeowners located around the City's lakes in order to avoid contamination of the City's surface waters, and, specifically, address the following issues: 1' Provide a 5 -year history of septic system permits issued for Sunset Lake homeowners' Most, if not all, recent applications required variances on lake setback' 2. Research possible alternatives to mound systems for Council information. 3. Consider moratorium on septic permits with variances until issue is considered fully and ordinance revisions adopted. Miron made motion, Stoltzman seconded, to approve the variance request of Richard and Gloria Ophus for construction of a new septic system 45' from Sunset Lake on their property located at 12930 Ingersoll Avenue North. VOTING AYE: Brunotte, Miron, Stoltzman VOTING NAY: Barnes Motion Carried. Barnes made motion, Miron seconded, to approve the variance request of Richard and Gloria Ophus, 12930 Ingersoll Avenue, for the construction of a 28' x 32' garage 12' closer to Ingersoll Avenue than their residence' All aye. Motion Carried. David and Shawn Yost requested variances to construct a garage on their property located at 14081 Flay Avenue. The intent of the variances would be to allow the Yosts to construct a 20' x 26' garage, 4' from their property's east boundary where the City's zoning ordinance requires a 1' setback, In addition, the Yosts intent to construct the garage 4' forward of their house. The Board of Adjustments considered this request on April 28, 1993, and recommended approval of the variances. Stoltzman made motion, Miron seconded, to approve the variances for David Yost, 14081 Flay Avenue, for the construction of a 20' x 26' garage 4' from the east property line and 4' closer to Flay Avenue than the residence. All aye. Motion Carried. City Council meeting of May = 199', Page Charles Shubat. and Donald Berner made application for a subdivision and variance to subdivide a 0 -.acre parcel located at 1.4530 Homestead Avenue into one five (5) acre parcel and one .15 Are parcel. The PC. considered their request on April. 28, 1993, and recommended the Council approve a modified subdivision allowing two 10 -acre parcels in accordance with the site plan. The PC's recommendation was conditioned upon the following items: 1.. Adequate proof of septic sites be provided to the City prior to final. plat approval. . Approval must be obtained from RCWD. 1. Approval must be obtained from the DNR. 4. Mr. Berger must provide the City with a survey before the final subd. Councilman Barnes stated that there was no hardship to the land present,, only a financial hardship, which is not a basis for variance approval. Miron made motion, Barnes seconded, to deny the request of C;ha+r•:les. Shubat. and Donald Berger for a subdivision and variance to subdivide a 20 -acre parcel .into one five (5) acre parcel and one 15 -acre parcel. Denial is based on the fact that no hardship to the land exists. All. aye. Motion Carried. Mr. Berger and the City Administrator will meet to discuss this matter further. OUIMET (RE.ZON NG/SUBDIVISIO") Graham Ouimet applied for rezoning and subdivision of his property located at 14655 Forest Blvd. It is Mr. Ouimet's intention to rezone his property from CB to SFU, and subdivide a portion of the property for sale to an adjacent property owner in accordance with the submitted survey. The PC considered this request on April 28, 1993, and recommended approval of the rezoning and subdivision with conditions. Barnes made motion, !`Miran seconded, to adopt_. ORDINANCE 91-280, AN ORDINANCE AMENDING CHAPTER 320 OF THE HUGO CITY CODE ENTITLED "ZONING" BY AMENDING THE ZONING CLASSIFICATION FOR THE DESCRIBED REAL PROPERTY. VOTING AYE: Barnes, Brunot.te, Miron, Stolt: man Motion Carried. Stoltzman made motion, Miron seconded, to approve Certificate of Sur`:'e): #5-3-9=, for Graham Quimet, .14655 Forest Blvd., for the subdivision of a portion of his property in accordance with the submitted certificate of survey/. Approval is subject to the following special conditions: 1. A final certificate of survey be provided to the City for the subdivision. City Council meeting of May 0, 199: Page 4 2. The northern parcel being created by the subdivision, be required to be included in the property description of the adjacent property owner who is purchasing this parcel. 3. All existing easements located on property be identified on the final certificate of survey. All aye. Motion Carried. WUNUERL I CH (SUBDIVISION } On January 21, 1992, the Hugo City Council granted conditional preliminary approval for the subdivision of property owned by William Wunderlich located at 15939 Ingersoll Avenue. One of the conditions for approval was that the Outlot created in this subdivision be declared l_lnbuildable until such time as adequate road access is provided to the site. Mr. Wunderlich has provided a revised preliminary plat with access to Outlot A by the acquisition of a 70' wide strip of property to Jeffrey Avenue. The Hugo PC considered the revised preliminary plat for Wunderlich Hills on April. 28, 1993, and recommended approval of the preliminary plat with special conditions. hliron made motion, 8runotte seconded, to approve the preliminary plat for William Wunderlich to subdivide 86.98 acres into two (2) lots and one (1 ) Outlot, subject to the following special conditions: 1. Plat approval shall be contingent- upon compliance with the plat conditions, as well as the grading storm water drainage and utility plans. 2. All conditions of plat approval must be met prior to the stamping of any deeds for recording by the Cit.'; 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. All lots must be properly staked. 4. 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. 5. No building permits shall be issued until the plat has been approved and recorded with Washington County. 6. The required permits from the Rice Creek Watershed District and Department of Natural Resources must:. be secured prior to Counc i review. 7. All fees relating to this subdivision shall be paid by the applicant including the _opt of recording documents with 4J,.�.._-:....:.g ._r.n i_:ol..ls-s'!':.v, :. S. Any driveway_..._t_ per"n'�i .:._. r-'eq�_.lirir'�q access to tl.lCf't4Vc't'/r: or C':!:suf_ t., r_oii:ius (f c:.;' not be issued until the necessary permits are secured from WashinC''=or County or the City. 9. Percolation tests for each buildable site must be submitted to the City prior to final plat approval. 10. Payment of fee for three lots, in lieu of parkland dedication, shall be paid to the City at the time of final plat approval. 11. The lowest minimum floor elevation of a structure in this subdivision shall be 2' above the 100 -year, high-water mark or 4' above the high ground water mark, whichever is greater. Cite Council*meeting of May 3i 199: Page 12. No improvements, landscaping, or grading shall be permitted in the identified drainage ares without the express written authorization of the City and the appropriate watershed districts. 13. All property owners shall be responsible for maintenance of drainage areas within easements on their property. 14. The owner shall comply with all requirements and restrictions applicable to identified wetlands. 15. A right. -turn lane for County Road 57 will be required it more than five (5) lots are created in any future subdivision of Outlot A. 16. Outlot A shall not be subdivided for residential purposes, unless access to the site is provided by a bituminous surfaced street in compliance with the City's subdivision regulations. 17. All special conditions governing Outlot A shall be .identified in a development agreement which shall be recorded with Washington County along with these special conditions. 18. Documentation must be provided to the City insuring that easements providing access to Outlot A be identified and recorded with Washington Count;:. All aye. Motion Carried. SEPTIC SYSTEM ORDINANCE The Council reviewed a draft. -cop;; of an ordinance implementing Washington County's new septic system ordinance in the City of Hugo. The ordinance implementing WC septic system policies has been reviewed by the Ci..t;.. Attorney and Washington County Dept. of Health. Staff rec:_omri,ends that. the Council establish a hearing date for the ordinance on June 7 1991. Miron made motion, Stolt man seconded, to schedule a public_ hearing for June 7, 199.59 at 7:10 PM, to consider- an amendment to the City's septic system ordinance by adoption of the Washington County's Ind.i.v.idual Sewage Treatment System Ordinance by reference. All aye. Motion Carried. COUNTRY FONDS ;tel SBD I V I S I C: N On April 5, 1993, the Council considered a request by developers of the proposed Country Ponds subdivision to remove a City reg_:remer".obtain drainage easements east and north of the subdivision. The e '....C:ii._tl';C::i i action on the matter, and directed staff to review legal sno Arai..: <':a;.le issues. By separate letter. the Council received an opinion .- m thi: Attorney that the requiretrir-nt.s for such easements are e-oressirr o' t h e City's s_thGr]ty if based i - proven Flicneed. 'i(cr-. report on the drainage issues was submitted to the CounC:: i t for their review. Mr. Wharton, representing ing Kuusisto Engineering, indicated 'h.!"at developers of Country Ponds made a good -faith -effort to obtain the drainage easements, but face constraints imposed by the DNR and adjacent property owners. In his opinion, the drainage ponds located on the property are adequate to control the stormwater runoff from the site, and would potentially improve the drainage basin by slowing the water runoff through the channel north to Hardwood Creek. After a :lengthy discussion City Council meeting of May 3l 1993 Page 6 regarding the ditch system related to this subdivision, and based on reports from the City's attorney and engineer, the following lowing motion was made: Barnes made motion, Miron seconded, that the City Council remove Condition #2= from the preliminary plat conditions, which states, "An agreement or easement shall be secured for ditch maintenance to accommodate surface water drainage to the east (Parcels 93029-2650 and 95029-2900).'' All aye. Motion Carried. SIGN RESOLUTION Staff is recommending that. the Council grant aut!••imri.za1_ion to the City's. Building Official to issue sign permits when the proposed sign construction meets all requirements of City ordinance. This request is based on a desire to gain efficiency in the issuance of sign; permits, which are now required to be processed by the Hugo Planning Commission with a recommendation to the City Council. Staff believes that if aa. sign application meets all requi.rement.s of ordinance, *:hat as a. matter of course, it should be provided a permit.. This would alleviate the delays and inconvenience 1.n processing the application through the Planning Commission and Council. This revolution is temporary in nature until such time as the City's sign ordinance can be amended. Stolt man made motion, Miron seconded, to adopt. RESOLUTION 93-6, RESOLUTION AUTHORIZING ADMINISTRATIVE ACTION REGARDING THE ISSUANCE OF SIGN PERMITS. Motion and second was withdrawn after Attorney Gal±er stated that. the City could not change an ordinance by resolution, only by ordinance. Miran made motion, `7 of _'zman seconded, that the Cit:S follow the stf-=pc» mandated by Chapter 266 entitled "Signs." for t:.hc: processing of applications. All. aye. Motion Carried. Miron made motion, Barnes _eccraFr, to schedule a oublin hearing for June 7, 1993,at 7:15 PM, to consider , ;the Code entitled "Signs". All aye. Motion Carried. Ai..l'f rIC �R 1 %A l I UI`J F= �Jt ti+ l i}C UJF i (F_F;P1F;1:1`a r...?: 1EnyS is i:::!t�:I' The City received plans and specifications .for construction of the:City's 1993 watermain expansion project. staff request.s. authorization to advertise for bids. Barnes made motion, Miran seconded, to adopt RESOLUTION 199.3-6, RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE IMPROVEMENT OF 130TH STREET AND FARNHAM AVENUE AND INSTALLATION OF A City Council meeting of May 3, 197=', Page 7 1.2" WATERMA I N TO ALLOW DIRECT CONNECTION OF THE EXISTING STORAGE TOWER AND DEEP WELL TO THE STORAGE TOWER AND DEEP WELL ALL LOCATED IPJ THE BALD EAGLE INDUSTRIAL PARK. VOTING AYE: Barnes, Brunotte, I'•liron, Stol.tzman Motion Carried. RE I MBURSEh1ENl F;ESOLUT T Ord i 199 ' C::AF' I i"F; L_ I i 1F'F;OVEMEPJT' BOtJT). The City's financial plan for the 1993 Water Improvement Project include the expenditure of certain City funds prior to the issuance of the bond financing the project. In order for the proposed bond to repay these funds to other- accounts, a resolution in required by U.S. Treasury regulations indicating the Council s. intention to reimburse prior to issuance of the bond. Miron made motion, Stoltzman seconded, to adopt RESOLUTION 199='-7, RESOLUTION ESTABLISHING PROCEDURES RELATING TOCOMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE. VOTING AYE:: Barnes, Brunot.te Mi.ron, Stoltzman Motion [tarried. WASHINGTON COUNTY STREET MAINTENANCE AGRE:EME NI The Council received the Washington County Street Maintenance Agreement. for 199=-1994 for their consideration It is currently undergoing staff review. No action is requested of the Council at this time. HRA AUTHORIZATION The City has received a request from the Washington Count;' HRA to enter into a Joint Powers Agreement for implementation of the HOME Program in Washington County. Staff has requested that the HRA provide greater detail on the possible i.mpact of the DF3vc_,1.00ment. Agreement on the City of Hugo. No action was taken at this time. 1.99 GF;AQI__E OJE:CT The Council reviewed a recommendation mans bv i(:?m Fast, k:t.'.'....'> .-:>'i.:.'D Engineering, + * gray .,,... City at.r -,� 1993. for the application C? 1 .i c a .....i. c? n o '. gravel '•:' f.:' .�. _ .. F E:' '". _r during _. ;-� i n g 1 The recommendation is based on the ;..: t'.; v mycoetfor this item of $b5,00(.) during 1993. No action was taken ot this iww MISCELLANEOUS The City Administrator noted that tonight meeting should be extended until May 4, 1993 to go into closed session to discuss current litigation with River City Asphalt. City Council meeting of May Sj 199-1'7 Page 8 Stolt man made motion, hliron seconded, to recess the meeting of May 1.993, until May 4„ 1990 at 7:30 PM. All. aye. Motion [tarried. MaryFCreager 4 City C' er ..