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HomeMy WebLinkAbout1991.07.01 CC MinutesMINUTES FOR THE LST TY COUNCIL, MEETING OF JULY„ 1. 3- 129j._ The meeting was called to order by Mayor Stolt man at 7:00 PM. PRESENT: Brunotte, Jesinski, McAllister, Miron, Stolt man City Administrator, Ken Huber City Attorney, Charles Johnson City Clerk, Mary Ann Creager Mayor Stoltzman requested that his personal letter to the City Council be placed on the Council agenda for July 15, 1991. McAllister made motion, Jesinski seconded, to approve the minutes for the regular City Council meeting of June 17, 1991 as submitted. VOTING AYE: Brunotte, Jesinski, McAllister, Stolt man VOTING NAY: Miran Motion Carried. Miron made motion, McAllister seconded, to approve the claims for July 1, 1991, in the amount of $39,781.77, as amended. All aye. Motion Carried. VARIANCE REQUEST - OVERSIZED GARAGE (G fir, H BUILDERS) G & H Builders. Inc., has made application to the City of Hugo for a variance to construct a 892 square foot garage (720 sq ft maximum allowed) on Lot 9, Bloc:: 2, Fuld Eagle Estates (at. --a 5000 126th St No) . The property in question is zoned SFE, and consists of approximately one acre. The garage is to be used for residential purposes only. The request in question is consistent with the Council's policy regarding oversized garages in residential districts. McAllister made motion, Brunotte seconded, to approve the variance request of G & H Builders, to construct an 892 square foot attached garage on Lot 9, Block 2, Bald Eagle Estates (aka 5000 125th St No). Approval is subject to garage being used for residential purposes only. All aye. Motion Carried. VARIANCE REQUEST - OVERSIZED GARAGE (B. GREWE:) Mr. Brian Grewe has made application to the City of Hugo to construct al ; 825 square foot attached garage (720 sq ft rna:>:ima(TJ allowed) on Lot Block 1, Bald Eagle Estates (ak.a 4975 126th St No). The property in question is zoned SFE, and consists of appro::im�tely one acre. The gar -age in question is to be used for residential purposes only,. The request i. consistent with the Council's policy regarding oversized garages in residential areas. Jesinsk:i made motion, Miron seconded, to approve the •,ari.ar-ice request Brian Grewe to constrL.ict an 825 square foot attached i_1arage on Lot 5, Block 1, Bald Eagle Estates (4975 126th wt No.. Apprc�� .-_-A] i.�. subject t(:-, garage being used for residential purposes only. All aye. Motion Carried. City Council meeting of July 1, 1991 Pace 2 VARIANCE REQUEST - ACCESSORY BLDG SETBACK (SCHR I BER ) Mr. Randy Schriber of 15275 Elmcrest Avenue has made application to the City of Hugo for a variance request to allow the construction of an accessory building between the principal residence and the road. The structure in question would be located approximately 660' from Elmcrest Avenue, and would be 80' closer to the road than the existing house. The property in question is described as the N 1/2 of the S 1/2 of the NW 1/4 of the SW 1/4 of Section 18, T.31N, R1W, Washington County, MN. The current zoning of the property is agriculture, and consists of approximately 10.76 acres. The 36' x 60' accessory structure is to be used for residential purposes only. The request is consistent with Council policy regarding allowing accessory buildings in front of the principal structure in rural areas where there is a significant setback from the road to the principal structure. McAllister made motion, Brunotte seconded, to approve the variance request of Randy Schriber to allow the construction of a 36' x 60' accessory building between the principal residence and the road on his property at 15275 Elmcrest Avenue. The building is to be used for residential purposes only. All ave. Motion Carried. VARIANCE REQUEST tL. GESSNER) Lyman and Donna Gessner of 16652 Ingersoll Avenue North (RID 9ZO10-2400) have made application to the City of Hugo for a variance to construct an 840 square foot detached accessory building 18' from the side property line (20' is required), and 24' from the rear property line (50' is required). The property in question is zoned agriculture, and is approximately one acre in size. The Deputy Zoning Administrator reviewed the site in question, and has indicated that if the building were to be located on site to the north, the building would be placed in a flood plain. Alternate locations on site were looked at, and would have involved the removal of trees and/or locating the garage too close to the applicant's septic system. The proposed building is to be used for residential purposes only. The Board of Zoning Adjustments considered this request at their meeting of June 26, 1991, and unanimously recommended approval of said request. Miron made motion, Jesinsk:i seconded, to approve the variance request. of Lyman Gessner to construct an 940 square foot detached accessory building 18' from the side property line and 24' from the rear property line at:. 16652 Ingersoll Avenue. The building is to be used for residential purposes only. All aye. Motion Carried. REQUEST FOR USE OF PARK FACIL.IT1'ES On behalf of the Blacksmith Lounge softball team, Mr. Mark: Duppong is requesting use of the City park:, picnic shelter, and ball ield for a team picnic_ on August ?, 1991. The City staff recommend approval of this request be subject to the standard special conditions for park: use. City Council meeting of July 1, 1991 Miron made motion, McAllister seconded, to approve the request of the Blacksmith Lounge softball team to reserve the City park, picnic shelter, and ball#field on August ', 1991. Approval is subject to the standard special conditions for part: use. All aye. Motion Carried. COMMUNITY DEVELOPMENT QUESTIONNAIRE This matter was tabled from the June 17, 1991 regular meeting of the Hugo City Council. At the previous Council meeting, a draft of the questionnaire was submitted for Council review and consideration. Questions listed should represent concerns discussed by the Planning Commission and City Council, as well as Hugo residents. The purpose of the questionnaire is to provide input for the following: 1. Updating of the City's Comprehensive Flan. 2. Preparation of the 1992 general fund budget. 3. Establishment of Council priorities. It is the intent to prepare the questionnaire in the same format as the City Hall Newsletter, with copies being sent to each mailing address in the City of Hugo. If possible, we are anticipating return of the questionnaires prior to the City Council's priority meeting scheduled for July ?9th. After a lengthy discussion and rewriting of the proposed questions, the: following motion was made: McAllister made motion, Brunotte seconded, directing the City staff to send the amended questionnaire to each mailing address in the Cit;: of Hugo. Councilman Miron stated that he was voting against the motion because he wanted Planning Commission input, and he did not feel that there was arty need to rush sending out of the questionnaire. VOTING AYE: Brunotte, Jesinsk.i, McAllister, Stoltzman VOTING NAY: Miron Motion Carried. ORDINANCE VIOLATIONS COMMITTEE No report submitted. CITY ADMINISTRATOR Administrator Huber stated that a preconstruction meetinq had been held this day, and that wore:: on CIF', Phase ?, will start on July 8, 1991. Mr. Huber also reviewed the haul routes that would be used in conjUnction with this project. It was suggested that the Washington County Sheriff's Office be notified of these roads to assist them in dealinq with ar-iv complaints. t:ity Council meeting of July .3, 1991 Paqe 4 CITY ATTORNEY (LEGAL OPINION REQUEST) At the June 17, 1991 regular meetinq of the HUgo City Council, action was taken requesting a legal opinion with regard to the SUP application of Mr. Dan Santanni. Mr. Santanni secured a SUP from the City of Hugo to construct a large accessory building on his property, and has not been able to proceed because of his refusal to accept the special conditions of the permit. The City staff, in its interpretation of the ordinance, has indicated that a SUP is required, as private garages, farm buildings, and accessory storage are listed as permitted accessory uses in agricultural zones ('_%20-4, Subd. Ci). The City's zoning ordinance states that "no accessory building or use shall be constructed or developed prior to the time of construction of the principal building to which it is accessory, except by SUP" (3'20-5, Subd. H1). Councilmember Fran Miron indicated that he feels the staff has misinterpreted the ordinance, and Mr. Santanni is not required to secure a SUP for the purpose requested. As a result of this difference in ordinance interpretation, the City Council requested that the City Attorney provide a legal opinion with regard to whether or not Mr. Santanni is required to secure a SUP under the City's existinq zoning ordinance. City Attorney, Charles Johnson, was present Monday evening to review his July 1, 1991 written report. It was Mr. Johnson's legal opinion that a Special Use Permit would be required to construct a farm accessory structure prior to the construction of a principal structure. Mr. Jim Leroux express his feelings on the interpretation of the City's zoning ordinance. Mr. Johnson was not sure if the Santanni application was still an "open issue" in that he had failed to sign the SUP in a timely manner. The City Attorney also noted that a special condition of a SUP, allowing for inspection of a site to assure compliance, was not unconstitutional. Mayor Stolt man will contact Mr. Santanni to explain his options with regard to accepting conditions of the previous permit, applying for an amended SUP, and review of the City Attorney's legal opinion. MISCELLANEOUS The City received a letter from a home owner on Gallivan Court regardinq the blockinq of their cul-de-sac on July 27, 1991 for the purpose on holding a neighborhood "block: party". After a lengthy discussion, the following motion was made: McAllister made motion, Brunotte seconded, that the "block: party" request be approved for July 27, 1991, subject to the following: 1. All property owners on the subject "block" sign a letter stating that they have no objection to the request. ?. "Local Traffic Only" signs be rented from Washington County, and all costs incurred be paid for by the home owner The Washington County Sheriff's Office is to be notified of thi.<_ request. All aye. Motion Carried. Mayor Stolt man suggested that the City's in_.urance company be contacted r-egardinq this matter. City Council meeting of July 1, 1991 Page 5 The City has received two letters from James Leroux. These are to be placed on the agenda for the Council meeting of July 15, 1991. Councilman Brunotte stated that he had received calls regarding "late- night" activities in the City park. Mr. Brunotte will contact the Washington County Sheriff's Office regarding this complaint. Mayor Stolt man submitted a document to the City Attorney that he identified as a City ordinance, and requested a legal opinion from the Attorney regarding the authority of the Zoning Administrator on tine interpretation of the zoninq ordinance. Mr. Johnson indicated the document didn't look: familiar to him, but he would research it and report to the Council. Councilman Jesinst::i discussed a letter from the Forest Lat::e 'Youth Service Bureau regarding activities for the upcoming "Special Olympics". It was requested that the City of Hugo proclaim July 18, 1991 as "San Marino Day . Brunotte made motion, McAllister seconded, that the City of Hugo proclaim July 18, 1991 as "San Marino Day". All aye. Motion Carried. Mi.ron made motion, Brunotte seconded, to adjourn at 9:7-o'.-) PM. All. aye. Motion Carried. v eMry ?Creaqer, City C e -t::