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HomeMy WebLinkAbout1990.06.04 CC MinutesMINUTES FOR THE REGULAR CITY COUNCIL MEETING OF JUNE 4, 1990 The meeting was called to order by Mayor Atkinson at 7:00 PM. PRESENT: McAllister, Jesinski, Olson, Vail, Atkinson City Administrator, Ken Huber City Clerk, Mary Ann Creager Olson made motion, Jesinski seconded, to approve the minutes for the regular City Council meeting of May 21, 1990 as submitted. All aye. Motion Carried. Vail made motion, Olson seconded, to approve the June 4, 1990 claims in the amount of $15,726.60. All aye. Motion Carried. CHARITABLE GAMBLING LICENSE (CHURCH OF ST. JOHN THE BAPTIST) Atkinson made motion, Jesinski seconded, that the City of Hugo has no objection to the issuance of a one -day Gambling License (August 26, 1990) to the Church of St. John the Baptist at 14383 Forest Blvd., and waiver of the 60 -day waiting period. All aye. Motion Carried. VARIANCE REQUEST (J. MITCHELL On behalf of James and Beth Mitchell, Mr. Keith Iverson of the Sussell Corporation has made application to the City of Hugo for a variance to the rear -yard setback from TO' to 24' at the residence located at 14969 Foxhill Avenue to accommodate an addition to the rear of their existing residence. The property is zoned SFU. At their meeting of May 2" 1990, the Hugo Board of Zoning Adjustments recommended approval of the variance request of James and Beth Mitchell for a variance from the SFU rear -yard setback of '.-"0* to a setback of 24' . McAllister made motion, Vail seconded, to approve the variance request of James and Beth Mitchell for the construction of an addition to his residence at 14969 Foxhiil Avenue, 24' from the rear property line. All ave. Motion Carried. VARIANCE REQUEST - L...AKE SETBACK ( R . ELSOLA ) Robert and Cynthia Elsola have made application to the City of Hugo for a variance to construct their residence 160' from South School Section Lake rather than the required 200' setbac4:: for natural environment lakes. Mr. Elsola has stated that the 160' setback:: would allow for construction on a higher piece of land, and allow them to be farther from the road. The property consists of approximately 28 acres and is zoned conservancy and agriculture. At their meeting of May 2', 1990, the Hugo Board of Zoning Adjustments recommended denial of the variance request of Robert and Cynthia Elsola to construct their residence 160' from South School Section La4:e because there was no valid hardship to the land that would require a variance. Mr. Elsola was present at the meeting, and stated that he is; City Council meeting of June 4, 199c) Page 2 requesting the variance because of landscaping plans he has for the proposed residence. He also stated that the DNR requires a setback: of 150'. McAllister made motion, Olson seconded, to deny.the variance application of Robert and Cynthia Elsola for a 160' setback: from South School Section Lake, concurring with the decision of the Board of Zoning Adjustments, that there is no valid hardship to the land that would require a variance. All aye. Motion Carried. VARIANCE REQUEST - OVER -SIZED GARAGE (R. ELSOLA) Robert and Cynthia Elsola have made application to the City of Hugo for a variance to construct an 816 square foot attached garage at 126eO Keller Avenue North. The maximum square footage allowed is 720 square feet. The garage is to be used for residential purposes only, and the request is consistent with Council policy regarding over -sized garages is residential districts. McAllister made motion, Vail seconded, to approve the variance request of Robert and Cynthia Elsola for the construction of an 816 square foot attached garage at 1.2681 Keller Avenue North. The proposed garage is to be used for residential purposes only. All aye. Motion Carried. SPECIAL USE PERMIT (CHURCH OF ST. JOHN THE BAPTIST) On behalf of the Church of St. John the Baptist, Hugo, Minnesota, the Washington County Housing and Redevelopment Authority has made application to the City of Hugo for a special use permit to construct a multiple -- family housing project consisting of 28 dwelling units in an RB Zoning district. The parcel in question is identified as Parcel B of Certificate Of Survey #5-7-90(A) approved by the Hugo City Council on May 7, 1990. The property in question is located east of Highway 61 and north of 142nd St. on the west shore of Egg Lake. The site is to be used for residential purposes only with the primary intent to accommodate senior citizens. The buildings cover approximately 17.6% of the site, while approximately 65% of the site will be retained as open space. Forty one outdoor and 15 enclosed parking stalls will be provided on site. The residential. structure is to be constructed on a slat, at approximately 9_:1 ft. mean sea level. The soils report submitted indicates that ground water appeared at approximately 92.` ft. mean sea level on this site. All driveway and parking areas are to be paved surfaces and open areas will be sodded or seeded as indicated on the site plan. The site will. be served with municipal utilities, with access to the site coming from Highway 61. They building will be set back: from the lat%eshore of Egg Lake as required by City shoreland regulations, and all improvements on site, within the setback. required, will be subject to said regulations. At their meeting of May 23, 1990, the HUQ0 Planning Commission unanimously recommended approval of the SUP subject to special conditions. The site plan has been reviewed by the city staff, and with no major objections to the plan not -ki-,d . City Council meeting of June 4, 1990 Page 7. Mark.. Finneman, representing the architectural firm for this project, was present to explain the submitted drainage plan. Mr. Finneman stated that the plan was drafted with input from the City Engineer, Howard Kuusisto. Councilman McAllister did not feel that the dumpsters indicated on the proposed site plan were adequate for a ?8 -unit complex. McAllister made motion, Vail seconded, for the granting of a SUP to the Church of St. John the Baptist for the construction of a multiple -family housing project consisting of 2.8 dwelling units. Approval is subject to the following special conditions: 1. Conformance with the site plan submitted. 2. All conditions of the special use permit must be met or this permit will be considered null and void. 3. A building permit shall be applied for within 180 days of special use permit approval and substantial construction of any building and improvements must be underway within IE30 days of building permit issuance. 4. The property lines must be identified on site by the property owner to assure proper setbacks when buildings are under construction. 5. No commercial or industrial use of the property shall be permitted. b. No building permits shall be issued until the required permits are secured from the Rice Creel; Watershed District. 7. No significant deviations from the approved site plan shall be permitted unless reviewed by the planning Commission and City Council followed by an amended special use permit. 8. The site must be policed and maintained on a regular basis with regard to litter and on-site nuisances. 9. Any exterior lighting for activities proposed on site must be approved by the City Code Enforcement Officer. 10. Driveways and parking areas shall be of bituminous surface and striped as per the approved site plan. The required permits from MNDOT for access the Highway 61 must be secured. 11. No fences, structures, or vegetation may be placed in on-site easements. 12. The required sign permits shall be secured prior to erecting of any signs on site. 1.3. No exterior storage may be permitted on site with the exception of licensed automobiles unless such storage is in an approved fenced area. 14. Refuse storage and service areas shall be as identified on the site plan and shall provide for adequate refuse removal, as required by the City of Hugo, and recycling, as required by the Washington County Health Department. 15. Although not required, it is recommended that a pedestrian walkaway be installed to provide access from the residential building to the existing sidewalk:: area adjacent to Highway 61. .16. The owners shall permit access to the site in question at reasonable times b;: the City Code Enforcement Officer to assure compliance wit{ -i this special use permit. 1.7. A drainage and water -retention plan must be approved by the city Engineer prior to issuance of the Certificate of Occupancy. A3.]. ave. Motion Carried. City Council meeting of June 4, 1990 Page 4 REZONING REQUEST (MABEL HAUBLE)_ Mabel Hauble of 5480 North 125th St. has made application to the City of Hugo for the rezoning of a 5 acre tract of land legally described as the south 419.21 feet of the east 520 feet of the west 841.47 feet of the SW 1/4 of the NW 1/4, Section 32, T?1N, R21W, Washington County from agricultural to RR2. It is Mrs. Hauble's intent to transfer a large •tract of her existing homestead to her sons and retain her home and a 5 acre parcel. Thisapplication is being made in conjunction with a minor subdivision request which follows on this agenda. The applicants are desirous of keeping the majority of the property in question, which consists of approximately 79.4 acres, in larger parcels, therefore the unusual nature of this request. The property to the south is zoned RR2, while the property to the east, north, and west is zoned agricultural. The parcel to be rezoned is identified as parcel 9 on the proposed minor subdivision and is located north of 125th St., approximately 7.00 ft. east of Fiona Rd. The tract of land in question is not within the Municipal Urban Service Area, but does meet the minimum, 5 acre requirement outside the MUSA area. From a long- range planning standpoint, it would probably be more appropriate to address the zoning of the entire 79 acre tract of land in question; however, the request before you does appear to be consistent with the City's comprehensive plan and previous Council policy regarding five acre tracts of land outside the MUSA. This matter was reviewed by the Hugo Planning Commission at their May 23, 1990 regular meeting, at which time said Commission unanimously recommended approval o the rezoning request. McAllister made motion, Vail seconded, to adopt ORDINANCE 1990-266, AN ORDINANCE AMENDING CHAPTER 320 OF THE HUGO CITY CODE ENTITLED "ZONING" BY AMENDING THE ZONING DISTRICT CLASSIFICATION OF THE DESCRIBED REAL PROPERTY. VOTING AYE: Vail, Olson, Jesins4;i, McAllister, Atkinson VOTING NAY: None Motion Carried. SUBDIVISION REQUEST (MABEL HAUL:LE)__ Mabel Hauble, Gerald Hauble, and Donald Hauble have made application to the City of Hugo for a mirror subdivision, and Waiver of the formal platting requirements, for a tract of land identified as the S 1/2 of the NW 1/4 of Section 772, T31N, 821W, Washington County, Minnesota. It is the intent of the applicants to subdivide the property in question into three parcels by certificate of survey: Parcel A consists of 46.3 acres, Parcel. B - 5 acres, and Parcel C -- 21.1 acres. There are cUrrently residences. located on Parcels A and B, and Mr. Donald Haubl ha indicated that he will be applying for a building permit to construct a residence on Parcel C. All three parcels in question are to have direct access to 125th St:.. All parcels reet dimension requirements if Parcel P is rezoned a requested. The lot sizes and locations have beer, laved out so as to accommodate the possible further subdivision of Parcels A and C. The City Council meeting of June 4, 1990 Page 5 applicants have been informed that any further subdivision of the site will require formal platting. The Planning Commission reviewed this request at their meeting of May 23, 1990, and recommended approval of the survey, and waiver of the formal platting requirements, subject to special conditions. Vail made motion, McAllister seconded, granting concept approval only for the preliminary survey for Mabel, Gerald, and Donald Haubles' request for a minor subdivision, and waiver of the formal platting requirements, subject to resolution of the road access issues and watershed district approval. All aye. Motion Carried. SPECIAL USE PERMIT (R. HAMPEL) Mr. Robert Hampel of 5075 124th St. No., Hugo, MN has made application to the City of Hugo for an amended special use permit to construct a 430 sq. ft. addition to an existing 360 sq. ft. garage. The property in question is identified as Lot 23, Block 1, Lak::e Air Estates and is zoned SFE. The proposed use of the building is for storage space for gardening equipment, supplies, dormant plants, and yard furnishings for the residence. The maximum square footage for an accessory building in an SPE zone is 640 sq. ft. Mr. Hampel is requesting to exceed that limit by approximately 150 sq. ft. In November of 1929, the City Council approved a temporary special use permit allowing for an accessory storage building to house his Bonsai plants until June 1, 1990, at which time the temporary structure will be removed. Mr. Hampel has indicated he would lik::e to remove the temporary structure and construct a permanent addition to an existinq accessory building. Mr. Hampel has assured the City that the structure in question will be used for residential purposes only, and will house his Bonsai. tree collection which is a personal hobby. Mr. Hampel's previously issued temporary special use permit expires June 1, 1990. The Planning Commission reviewed this matter at their meeting of May ?', 1990, and recommended approval of this request subject to special conditions. Mr. Hampel was present at the meeting and stated that the temporary Structure has already removed from the site, and he had no problem with any of the special conditions of the SUP. Jesinsk:i made motion, Vail seconded, to approve amended SUP request of Mr. Robert Hampel of 5075 124th Street to construct a 4T0 square foot addition to an existing ?60 square foot qarage. The proposed addition is to be used for storage space for gardening equipment, supplies, dormant plants, and yard furnishings for the residence. Approval. is subject to the following special conditions: 1. The accessory building and proposed addition shall be used for - residential purposes only and that no group vi.ewiniq or sale of Bonsai. trees will be permitted on this site. 2. No advertising shall be permitted with regard to this site as it relates to the Bonsai tree collection. The structure in question shall be of a permanent nature and iliali be - of the same materials and appearance as the principal residence. 4. This permit shall. not supersede any restrictive covenants applicablf:_ to strur.. t.i_ires or use of the site in question. City Council meeting of June 4, 1990 Page b 5. The City's Code Enforcement Officer shall be allowed access to the property at reasonable times to assure compliance with this permit. b. Failure to comply with the conditions of this permit shall be grounds for revocation of same. All aye. Motion Carried. RESIGNATION FD POSITION Q. WISNER) Atkinson made motion, Olson seconded, that the City of Hugo accept the resignation of Mr. Jim Wisner as 1st Assistant Fire Chief effective July 1, 1990. All aye. Motion Carried. It was noted that Mr. Wisner will continue to serve as a volunteer firefighter. MISCELLANEOUS REQUEST FOR EXTENSION (J. SOUTHWARD) The City received a letter from Mr. John Southward of 7307 132nd Street requesting a 30 day extension to have his carnival equipment and trucks removed from his property. The City had previously issued a deadline of June 1, 1990 for removal of the equipment. Atkinson made motion, Jesinski seconded, to grant a 30 day extension from June 1, 1990 for Mr. John Southward to remove the carnival equipment from his residence at 7207 132nd Street North. All aye. Motion Carried. EMERGENCY SIREN McAllister made motion, Olson seconded, that the City of Hugo reinstate the noon siren. All aye. Motion Carried. CITY ADMINISTRATOR City Administrator Huber reported on the following: The Hugo Lions Club will be installing a double gate on the City's tennis courts for easier access during Good Neighbor Days. Explained to the Council the process• for removal of contaminated soil. being done at J.R. Johnson Supply (on County Road S). Stated that the City had received a request from Forest. Lake Township a to a firm number of volunteers that would help with the hazardous waste collection being held on June 9, 1990. City Council meeting of June 4, 1990 Page 7 Administrator Huber stated that he discussed the proposed Elmcrest Avenue improvement with representatives of the engineering firm performing the soil tests. Because of the soil conditions noted, and the higher than anticipated costs, road construction may not take place this year. COMMENTS FROM RESIDENTS IN ATTENDANCE Wally Stolt man requested that the City look. into road repairs on 157th Street between Harrow and Homestead Avenues. Joyce Seever again questioned the speed limit on Oneka Lake Blvd. David Schumann questioned if the City had received a response from MNDOT regarding the petition submitted for a reduced speed limit on Goodview Avenue. McAllister made motion, Olson seconded, to adjourn at 8:02 PM. All aye. Motion Carried. Mary Ann Creager, City Clerk