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HomeMy WebLinkAbout1975.06.11 PC Minutes MINUTES OF PROCEEDINGS • OF THE HUGO PLANNING COMMISSION JUNE 11, 1975 The meeting was called to order at 8:40 P. M. by Chairman Spitzer. Members present were: Spitzer, Johnson, Rosenquist, Peltier and Leroux. Also present were Bill Schwab, Washington County Planner; and Irene Leroux, City Council Member. Peltier pointed out that the word spelling should have been inserted before the names of Tschida and Juran in the second paragraph of the minutes of May 14, 1975. Motion made by Peltier, seconded by Johnson, that the minutes of the May 14, 1975 meeting be approved after the above change has been made. Motion carried. Spitzer stated that he has received a copy of Ordinance 122. WHITE BEAR ROD AND GUN CLUB Schwab read report made by the special committee which made an on-site inspection of the White Bear Rod and Gun Club. The following is the findings of this committee: (For a more detailed listing of conditions see the White Bear Rod and Gun Club's Special Use Permit). 1. The required fencing has basically been completed. The top strands of barbwire need some additional work which will be done this summer. 2. Tree planting has not started. The pine trees are on order and will be planted as soon as they have arrived. The poplar trees should be planted during the first three weeks in June. Jerry Perron stated that the poplars had been planted and that they planted a better quality tree and much taller than required. He said they could not get pine tree transplants until next year - he could have gotten seedlings but didn't feel this would do the job. 3. The committee was not aware of the requirements imposed by Rice Creek Water- shed District and suggested it was up to the District to enforce their requirements. 4. The facilities are still under construction and not open for use, therefore no comment could be made on this item. (Shooting Hours) Since the facilities have not been completed the committee could not form any opinion as to this item. (Facilities just for a Gun Club). 6. The inside of the club house has not been completed so no observation of this item could be made, although the sub-committee was informed that the shooting range would be below grade as requir ed by the permit. (Range) - 2 - 7. Since the range was not completed or in use as of yet the committe was unable to comment on this item. 8. Since no shooting was taking place, the committee was unable to comment on this item. (Noise level below 40 dbs). 9. Construction of the project has not been completed. Driveway construction will take place after final grading which should be sometime early this summer. (Blacktopping driveway). 10. Driveway access permit has been granted by the Washington County Engineer. 11. The project is still under construction and no final grading has been done. The parking areas would be constructed after final grading which should take place early this summer. 12. The facilities are not open at this time so the committee was not able to determine if additional parking spaces vco uld be needed. (No off street parking). 13. Since the facilities are not open the committee felt no action was necessary on this item. (PCA Standards) . 14. This item is up to the City Council and City Engineer to administer. The sub- committee was not aware of the status of this item although they did know that no lighting had been installed as of the date of their inspection. (Outside lighting). Jerry Perron stated that no plans for outside lighting have been submitted. 15. Plans and details for the sewer disposal system have been reviewed and concurred in by Washington County. The City Building Inspector has reviewed the plans to the City Engineer for his approval. See letter from Building Inspector dated June 11, 1975. 16. The sub-committee felt this item should be discussed with the entire Planning Commission at the June meeting. (Holding a Public Hearing) 17. No signs have been installed but will be installed prior to the facilities being open for shooting. 18. The committee made a field trip of the site to determine compliance with this item. The committee felt that the facilities were in compliance with this item based on their interpretation of requirements. The question was raised regarding a minimum of 300 yards restricted area to each side of each skeet shooting facility. The committee felt this area needed further discussion. Mrs. Peltier read minutes of the August 5, 1974 City Council Meeting which revised Item 18. The committee felt their in- terpretation of the requirements was correct & they were in compliance. -3- • 19. The committee has no knowledge as to whether a performance bond was posted or not but assumed the City Clerk had the bond prior to the Building Inspector issuing any permits. Jerry Perron stated that a Bond had been posted in the required amount - (letter of credit). 20. Proof of ownership should be in the possession of the City Clerk and the committee assumed this item must have been taken care of since a building permit was issued. Mrs. Peltier stated that the City has a copy of the proof of ownership. 21. This is an item for the City Council since the Planning Commission is not involved in determining costs for engineering review. 22. Action under this item would only take place if initiated by the White Bear Rod and Gun Club. 23. The sub-committee found no need to take any action under this item. • 24. This item appeared to be beyond the scope of the sub-committee and was an item to be handled by the City Council and the City Attorney. (Harmless Clause) 25. The plans required by this item should be provided after construction of the facilities has been completed. Mrs. Peltier read item from minutes of the August 5, 1974 City Council meeting revising this item. 26. It appeared that a few of the trees on the extreme north end had been damaged or removed during construction. There were only a few trees removed and the trap fields were not extended. Mrs. Peltier read item from minutes of the August 5, 1974 City Council meeting revising this item. The sub-committee felt that since actual operations had not started it was a little difficult to totally evaluate compliance with the special use permit. It may be appropriate to schedule another inspection of the site for August or September since by then construction should have been completed and those items listed that pertain specifically to construction could be viewed. Spitzer read reports from the Building Inspector, Minnesota Department of Health and the City Engineer. Mr. Spitzer asked the status of the qptic system. Mr. Perron stated that original plans were submitted to Crever and was asked to professionalize them. -4- e Schwab stated that he could not foresee any problems regarding the septic system. The meeting was opened to the public for comments. Mr. Waller stated that norway pines were available until the last day. Doesn't feel that a gun club is within the zoning. He felt that lead and clay going into the bogs is disposing of waste and shouldn't be allowed in wet lands. Signs are not allowed to be put in wet lands. Felt the Zcning Ordinance or permit should be changed. Wanted to know where the boundry lines were and whether they owned 75 or 80 acres. Jerry Perron stated that he was authorized by the Board of Directors to purchase 7, 000 trees and when he contacted Carlis Avery they stated they didn't have any. They have two parcels of land - one 75 acres and one 5 acres. Schwab stated that the as built drawing will clarify the property lines and if traps are built too close to property lines, they will have to be dismantled. Jim Smith felt the Gun Club should not be in a residential area. He said the City Council told the White Bear Rod and Gun Club that if they went ahead with anything it was at their own risk. Said the Planning Commission should look into the re- imbursement factor for the impact study, engineering fees and legal fees. Felt the residents of Hugo should not have to pay for the impact study. Mrs. Leroux stated that the petition for an impact study was signed by very few people from Hugo and mostly by people from other areas. Spitzer asked if the White Bear Rod & Gun Club had payed any reimbursement fees.? Jerry Perron stated to his knowledge they had not. Schwab felt that it was not the Planning Commission's duties to deal with fees. The following comments were made by members of the Planning Commission: Peltier - Wanted clarification of the Certtf cate of Ownership - Tract 1 Fee Owner and Tract 2 Fee Owner and Contract for Deed. She felt conditions #1 and #2 were not complied with and under Condition #23 a Public Hearing could be held be the City Council. Felt the Gun Club should have asked for a variance on the' items they could not comply with. She questioned the figures of 225 used by Kuusisto regarding the septic system when at a Public Hearing a membership of 1500 was discussed. Jerry Perron stated that the membership is approximately 225 and that the facilities are used very seldom and in his opinion the system is overdesigned. He said that the reason for the Contract for Deed on Tract #2 is that banks will not give the full loan on land purchases. Leroux- Felt the gun club should consider relocation because of area opposition. Pp • - 5 - S._ Johnson - Felt that some of the conditions had not been met. He said if the tree planting is delayed the height requirement should be increased. Rosenquist - Felt they should ask for variance on conditions that could not be met. Spitzer - Wanted to know what the initial projected completion date anticipated by the gun club? Perron stated January 1, 1975. Spitzer asked if there were any impediments causing delays in construction. Perron stated that they had a court injunction for on e or two days against them and were asked by the Enviro- mental Quality Council to hold up construction on two different occasions - two weeks in November and two weeks in December. They did comply with this request but they legally didn't have to. He stated that the facilities will be completed approximately August 1, 1975. Spitzer stated they had two options: 1. Hold Public Hearing stating that one or two conditions had not been met. 2. Or send onto the Council stating that in the White Bear Rod & Gun Club in reasonable faith met all the conditions of the Special Use permit. Spitzer read Item 16 of the Special User Permit stating that if the Planning Commission makes any changes to the Conditions of the Special Use Permit, they have to call a Public Hearing. Motion made by Leroux, seconded by Johnson, to hold a Public Hearing for the purpose of reviewing and recommending certain changes to the Special Use Permit for the White Bear Rod and Gun Club. Members for: Leroux & Spitzer Members against: Peltier, Johnson and Rosenquist Motion denied. Johnson asked aoout tree planting - Jerry Perron said that they have planted better quality, taller poplars which should show their good intentions. He said that if the Planning Commission wanted to really get technical, they have planted the five rows of trees but only a few trees per row in order to comply with the condition but were planning to plant at least 40 to 50 rows of trees. He asked that the Planning Commission and Council be reasonable and bend a little. Spitzer stated that it is very difficult to deviate from the law on such a touchy situation. Schwab stated that the following four items had not been completely complied with: 1) Construction of blacktop driveway; 2) Tree Planting; 3) Parking Lot & 4) Barb wire on fencing on north end. -6- •_ Motion made by Leroux, seconded by Peltier, that the terms of the Special Use Permit for the White Bear Rod and Gun Club have been violated and the Council should deal on these items: 1, 2, 9 and 11. The remaining conditions of the Special Use Permit are in compliance. Members for: Peltier, Leroux, Spitzer, Johnson and Rosenquist. Motion carried. INDYKIEWICZ MINING PERMIT RENEWAL In recommending that the Indykiewicz mining permit be renewed, we inadver- tently omitted the conditions of Mr. Kuusisto. Motion made by Rosenquist, seconded by Peltier, to retransmit the Planning Com- mission's recommendation to the Council for the Indykiewicz Mining Permit providing that the following two conditions be included in the permit: 1. The large westerly area should be graded to drain and top soil applied and seeded. This general area should first be further inspected regarding elevation of the remaining area with respect to the drainage ditch. • 2. The operator/owner should provide information regarding his program of excavation. This item pertains to the many different excavations at the site and the basis for such type of operation. Members for: Peltier, Leroux, Spitzer, Johnson and Ros enquist. Motion carried. STEPHEN TILTON - SUBDIVISION VARIANCE This item was returned to the Planning Commission for the following two reasons: 1. Existing non-conforming use and to what extent. 2. The principle building must exist before the secondary or auxiliary building is built. Motion made that the City Council be advised that the Stephen Tilton's Subdivision Variance has been thoroughly investigated by the Planning Commission and their decision of May 14th stands as submitted. Members for: Peltier, Leroux, Spitzer, Johnson and Rosenquist. Motion carried. FISCHER MINING PERMIT RENEWAL • Necessary bond has been submitted and it was stated that there has never been - 7 - a problem with Fischer Construction Co. Motion made by Leroux, seconded by Peltier, that we recommend the Fisher Mining Permit for renewal. Members for: Peltier, Leroux, Spitzer, Johnson and Rosenquist. Motion carried. DAY CARE CENTER - AMEND ZONING Motion made by Peltier, seconded by Leroux, that we hold a Public Hearing on July 9, 1975, 7:00 P. M. at City Hall for the purpose of revising Zoning Ordinance for proposed ordinance dealing with day care centers and proposed ordinance dealing with car lots. Motion carried. Motion made by Peltier, and seconded, by Johnson, that a Public Hearing be held on the Fahey Special Use Permit on July 9, 1975, 7:15 P. M., Hugo City Hall. Motion carried. Motion made by Peltier, seconded by Rosenquist, that the conditions stated for the White Bear Rod and Gun Club (#18, #25 & #26 be restated to concur with the minutes of August 5, 1974. Motion carried. KEN TSCHIDA - VALLEY VIEW ACRES & ADJOINING PROPERTY Mr. Tschida explained his plans for the above property. He wanted to show the Planning Commission his plans for an alleyway before platting and also the pro- posed park area. Spitzer stated he should consider alternative method for the park area. Motion made by Leroux to dispense with the second meeting in June. Motion carried. Motion made by Rosenquist, seconded by Peltier, that we adjourn at 10:50. Motion carried. Marie Jansen, Secretary Hugo Planning Commission