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HomeMy WebLinkAbout1990.02.05 CC MinutesMINUTES FOR THE CITY COUNCIL MEETING OF FEBRUARY 5 1990 The meeting was called to order by acting Mayor, Deane Vail. PRESENT: McAllister, Jesink:si, Olson, Vail City Administrator, Ken Huber City Engineer„ Howard k;uusisto City Clerk, Mary Ann Creager ABSENT: George Atkinson McAllister made motion, Olson seconded, to approve the minutes of the regular City Council meeting of January 16, 1990 as submitted. All aye. Motion Carried. McAllister made motion, JesinsE::i seconded, to approve the claims for February 5, 1990 in the amount of $39,845.86. All aye. Motion Carried. CHARITABLE GAMBLING Jeskinsk:i made motion, Olson seconded, that the City of Hugo has no objection to the issuance of a gambling license to the White Bear Boxing Club for the operation of pull tabs at the Blacksmith Lounge, 17:05 Forest Blvd., Hugo, MN., and waiver of the 60 day waiting period. All aye. Motion Carried. RECYCLING AGREEMENT -- WASHINGTON COUNTY Mayor George Atkinson is requesting ratification of his previous action signing an agreement between the City of Hugo and Washington County for recycling funding. The amount of money in question (s981.00) is to be used to promote and improve the City's recycling program. The funding was for the 1989 fiscal year, and the deadline for submittal of the request was January 26, 1991. McAllister made motion, Olson seconded, ratifying the Mayor's signature on the recycling agreement with Washington County on behalf of the City. All aye. Motion Carried. VARIANCE REQUEST - LAKESHORE SETBACK Mr. Keith Johnson of 12450 Ingersoll Avenue North has made application to the City of Hugo for a variance to construct a 24' 36' pole building, 50' from the east shoreline of Sunset Lake. The property in question is zoned RR -2, and is approximately one acre in size. The City's shoreland regulations requires a minimum of 100' setback: from the ordinary highwat.er mark of Sunset LaF:e. The site plan submitted by the applicant appears to meet the 40' setback from Ingersoll Avenue as required. This matter was reviewed by the Hugo Board of Zoning Adjustments at their January '24, 1990 City Council meeting of February 5, 1990 Page 2 special meeting. It should be noted that a large group of residents residing on Sunset Lake appeared at said meeting, and indicated their objections to allowing a pole barn on the site so close to the lake. The DNR has indicated their concern regarding the issuance of a variance of this magnitude. In a letter from the RCWD, it was noted that the applicant still had not provided the following required for the issuance of a permit: 1. A commitment to install a 2. Provide elevation showinq the proposed garage (must 3. Posting of cash surety in project. sediment -control fence as required. the minimum building opening elevation on be 969.2' or higher). the amount of $250.00 upon completion of the It was also pointed out that the site plan submitted was not drawn to scale, and one cannot get a true perspective of the building size in its relationship to the site. It was also noted that the actual proposed distance from the high-water mark: is 22' and not 50' as requested by the applicant. The Board of Zoning Adjustments, after careful deliberation, unanimously recommended denial of the variance request to construct a pole barn approximately 22' from the ordinary high-water mark of Sunset Lake. McAllister made motion, Jesinsk.i seconded, to deny the request of Keith Johnson of 12450 Ingersoll Avenue for a variance to construct a 24' x 36' pole building 50' from the east shoreline of Sunset Lake. Denial of this application is based on the PC recommendation and the following findings: 1. The variance request of 78% of the required setback from the lake is too great. 2. The ability to expand the septic system in the future would be limited by putting this building 20' from the existing septic system/drainfield. 3. Allowing a structure of this nature that close to the la[. -.'e could set a precedent for future pole barn structures on Sunset Lake. 4. This type of building would be out -of -character with the neighborhood. All Aye. Motion Carried. SITE PLAN APPROVAL (J.R. JOHNSON SUPPLY) On behalf of the J.R. Johnson Supply Company, Mr. Rick: Johnson of 5226 Frenchman Road has made application to the City of Hugo for amended site plan approval for his greenhouses located at the above referenced address. The property in question is zoned CB and contains approximately 70 acres. To date, Mr. Johnson has amended his plan on several occasions, and is now requesting that the site be expanded approximately 120' to the north and that the fuel storage tanks on site be approved by the City. The City staff can see no problem with the expansion of the site 1.20' to the north, and the amendments to building layout previously approved by the City Council in December, 1989. An inspection of the fuel storage facility was made by the City's fire marshal, and copies of the tank: design and State approvals for said storage are on file with the City. City Council meeting of February 5, 1990 Paqe 3 McAllister made motion, Olson seconded, to approve the request. of J.R. Johnson Supply for an amended site plan for his greenhouses at 5226 Frenchman Road. Approval is subject to the same special conditions of site plan approval agreed to by Mr. Johnson on December 4, 1989, and one additional condition that no certificate of occupancy will be issued until the recommendations of the City's fire marshal, dated January 30, 1990 regarding the fuel storage facility, are met. All aye. Motion Carried. MINOR SUED - ZALUCKYJ/SCHTOWCHAN At the request of one of the applicants, this matter was tabled until the regular City Council meeting of February 20, 1990. RESOLUTION SETTING LICENSE AND PERMIT FEES The last time license and permit fees were reviewed and adjusted by the City Council was August of 1988. Most of the fees are staying the same; however, there are a number of adjustments where additional costs are being incurred by the City that should be recouped through development applications. The other major change is the establishment of penalties for failure to submit certain applications and licenses in a timely manner. The effective date of this change would be March 1, 1990. McAllister made motion, Jesinski seconded, to adopt RESOLUTION 1990-3 RESOLUTION APPROVING LICENSE, PERMIT AND APPLICATION FEES. VOTING AYE: McAllister, JesinsE-.:i, Olson, Vail VOTING NAY: None Motion Carried. RESOLUTION SETTING ASSESSMENT HEARING DATE (CIF' PHASE 1) Pursuant to Chapter 4?9 of the Public Improvement Code, and Council resolution passed January 2, 1990, the City staff and engineer have completed preparation of the assessment rolls for CIF` Phase 1 #5- -88(B). The assessments were prepared based on the financial. estimate at the time of the public improvement hearing. The assessments were based on the actual front footage of a parcel of property times the $•_•.85 per foot cost previously quoted. City staff is recommending that the assessment hearing date beset for May 7, 1990, in the City Hall Council chambers at 7:00 PM. McAllister made motion, Olson seconded, to adopt RESOLUTION 1990-4 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR CAPITAL IMPROVEMENT PROJECT PHASE 1 #5 -2 -SGB. VOTING AYE: McAllister, Jesinsk:i, Olson, Vail VOTING NAY: None Notion Carried. City Council meeting of February 5, 1990 Page 4 PRELIMINARY PLAT (HUGO MEADOWS SOUTH On behalf of Merila and Associates, Inc', Mr. James Merila has made application to the City of Hugo for a subdivision of approximately 56 acres into 100 single family residential lots. The property in question is currently zoned SFU, and is located immediately south of the existing Hugo Meadows subdivision. This request was reviewed by the Hugo Planning Commission in the spring of 1989, and the preliminary plat identified as alternate "A" was approved by the Planning Commission following several public hearings. Since PC approval, permits have been secured from the DNR, the Corps of Engineers, and the RCWD accepting the plans for development of this parcel. There are, however, two changes reflected in this application that should be noted: 1. The original owners of this property, Harstad Companies, has now sold the property to Merila and Associates who were the engineers for the project when originally presented to the Planning Commission. 2. At the City staff's request, an alternate plat "B" has been prepared showing a slightly different treatment of the subdivision at its most easterly extension adjacent to the existing City park on site. In reviewing the overall development plan with Mr. Merila, it is their intent to develop this parcel in phases. Although there has been some delay in the processing of this application since PC approval, the City staff can see no problem with proceeding with this request as recommend by the Planning Commission with the inclusion of some minor modifications. It should be noted, however, that the staff's recommendation deals only with the preliminary plat and not necessarily the phasing plan, which should be worked out after review by the City engineer and preparation of the required development agreement. Administrator Huber explained proposals "A" and "B" to the Council and how they differed. John Johnson, representing Merila and Associates, was present to address questions presented by the Council. The Council in general, and McAllister in Particular, was concerned with drainage and ponding within the development. Adjacent resident Dean Kirkeeide expressed his desire to keep as much land as possible for parks. Dean Atkinson, adjoining property owner, requested that the ditches in the wooded areas of the development be cleaned to assure that water doesn't back up onto his property. Councilman McAllister stated the City should plan for a road extension to the west from this plat, and that the DNR establish a fixed elevation to whick the ditches can be cleaned in the future' McAllister made motion, Jesinski seconded, to approve the preliminary plat of Merila and Associates, HUGO MEADOWS SOUTH, to subdivide 56 acres into 100 single family residential lots' Approval is subject to the following special conditions: 1. The final plat must be submitted to the City Council within 90 days of preliminary plat acceptance or City Council approval shall be null and void. 2' Plat approval shall be contingent upon compliance with grading, stormwater drainage, and utility plans. City Council meeting of February 5, 1990 Page 5 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. 4. 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. 5. No building permits shall be issued until the final plat has been recorded with Washington County, and utility/road improvements substantially completed. 6. Securing the required permits from the watershed district, Department of Natural Resources, and Army Corps of Engineers is required prior to final plat approval. 7. All fees relating to this subdivision shall be paid by the applicant including the cost of recording documents with Washington County. S. Payment of required fee, in lieu of parkland dedication, shall be paid to the City prior to final plat approval. 9. Installation of required roadways including street, curb and gutter, stormwater control, and utilities shall be installed at the developer's expense. 10. Plat approval shall be contingent upon full compliance with the developer's agreement between the City and developer. 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 $10,000 to cover legal, engineering, administrative, and other costs related to this development. 15. Developer agrees that lots 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 provide a financial guarantee, equal to 1.2-5 times the amount of the required public improvements to be installed, to serve lots within this development. 17. 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. 18. Any exterior lighting or advertising activities on site must be approved by the City. 19. Drainage and erosion control methods proposed for this development shall be complete prior to the City accepting the roadway or public improvements serving said development. 20. An acceptable phasing plan shall be submitted and approved at the time of Development Agreement and final plat approval.. 21. The developer is to obtain a permit or written approval from the DNR to allow minimal ditch cleaning to a pre -established elevation after development is complete. 212. The devr-_2Iraper must provide a westerly roadway extension at final plat rapprovzil of Phase ##4. Phas_i.ni.:i of the final pl.a.!_s mu=..t he- consister-it with the approved preliminary plat. rill aye. Moti.ori Carried. � isY-�-r�u.�.e �'f �1i{.<. � /S � S 9/ t I City Council meeting of February 5, 1990 Page 6 CITY ADMINISTRATOR'S REPORT The City received a LETTER OF INTENT from improvements to Elmcrest Avenue from Bald limits. There are no written comments fir Johnson has not had ample time to review. problems with the document as long as it engineering costs will be shared for that Eaqle Latae to County Road 14 only. COMPREHENSIVE PLAN - EXTENSION the City of Lino Lakes regardinc_ Eagle Lake to the north City om the City Attorney as Mr. The City Council had no was made clear to Lino Lakes that portion of Elmcrest from Bald McAllister made motion, Olson seconded, to adopt RESOLUTION 1190-5 RESOLUTION REQUESTING TIME EXTENSION FOR AMENDMENTS TO THE CITY'S COMPREHENSIVE FLAN AND AUTHORIZE PREPARATION OF SAME. VOTING AYE: McAllister, Jesink:si, Olson, Vail VOTING NAY: NONE Motion Carried. City Administrator, Ken Huber, reported that the City is no longer in the business of issuing well permits. This responsibility may soon be taken over by Washington County. Administrator Huber reported on pending rezonings being considered by Linc Lakes for property adjacent to Hugo on Elmcrest Avenue. Because the City received insufficient information, no comment was made. Administrator Huber reported on a request from a private developer who is interested in industrial development revenue bonds. The Council was not opposed to the idea, but would litre to have some type of proposal submitted to them once all the needed information is available. The Council reviewed an article from the Forest Lake Times regarding_ "Hugo's commitment to the recycling program of the Boy Scout Troop" operating at 170th Street and Highway 61. Councilman McAllister asked that Roger Schadt be contacted asking him to clearly identify what has been denied them by the City Council. It was McAllister's feeling that the Council had been accommodating in all their requests. Realtor Paul Tubbs appeared before the City Council questioning an interpretation made by City staff regarding his client's request for a building permit. The lot in question was "grandfathered in" with a lot width of 185' in front and 60C)'+ at the rear. Mr. Tubbs was informed that a building permit was denied for where his clients wanted to build their house because they could meet the 3-00' requirement at the buildinq set.b.:::(-k: line. They were given three options: 1) appeal the Zoning Administrator's interpretation of the City Code, C) apply for a variance, or } construct the house where the site has at least 300' of lot. width. Options 1. and �. a.ould be heard by the Board of Zoning Adjustments and Appeals. City Council meeting of February 5, 1990 Page 7 At 9:30 PM, the City Council went into EXecutive session to discuss a personnel matter. Councilmen McAllister, Jesinski, Olson, and Vail were present. McAllister made motion, Vail seconded, that Mr. Tom Dernier be suspended from the Fire Department beginning February 6, 1990 and ending May 5, 1990. On or before May 6, 1990, Mr. Dernier may apply for reinstatement in the Department by making application to the City, and meeting all requirements of a new applicant at that time. Mr. Dernier would be required to complete the established probationary period, and perform up to the standards specified by the Fire Chief's office at the time of reinstatement. All aye. Motion Carried. Jesinski made motion, Olson seconded, to adjourn at 9:51 PM. All aye. Motion Carried. Mary n Creager, Cit Jerk