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HomeMy WebLinkAbout1989.05.01 CC MinutesMINUTES FOR THE In jLAR_CITY COUNCIL MEETING OF MAY 1. 1909 The meeting was called to order by Mayor Atkinson at 7:00 PM. PRESENT: McAllister, Jesinski, Olson, Vail, Atkinson City Attorney, Charles Johnson City Clerk, Mary Ann Creager McAllister made motion, Jesinski seconded, to approve the minutes for the Board of Review on April 17, 1989 as submitted. All aye. Motion Carried. McAllister made motion, Vail seconded, to approve.the minutes for the City Council meeting of April 17, 1989 as submitted. All aye. Motion Carried. Olson made motion, Vail seconded, to approve the General Claims for May 1, 1989 in the amount of $23,943.37. All aye. Motion Carried. Vail made motion, Olson seconded, to approve the Utility Claims for May 1, 1989 in the amount of $3,299.75. All aye. Motion Carried. HUGO_LIONS CLUB - 3.2 -NO 7INTOXICATING LIQUOR LICENSE Atkinson made motion, Jesinski seconded, to grant approval of an on -sale 3.2 beer license to sell alcoholic beverages during Good Neighbor Days on June 9, 10, 11, 1989, for the Hugo Lions Club. All aye. Motion Carried. Atkinson made motion, Olson seconded, that the City of Hugo has no objection to the National Ataxia Foundation selling pull tabs at Carpenter's, and waives the 60 day waiting period. All aye. Motion Carried. Mr. Darrell Tavernier has made application to the City of Hugo for on and off sale non -intoxicating liquor licenses, as well as a cigarette license, for the Lakeview Inn boat rentaland beverage sales establishment on Bald Eagle Lake. This is a request for renewal of the licenses as the City Council has granted similar requests to Mr. Tavernier in previous years. The Washington County Sheriff's Office has reviewed the applications, and has found no liquor violations for the establishment in question. If the Council elects to approve the licenses, staff recommends said approval be subject to securing all other required licenses as well as compliance with health, safety, and other requirements of the municipal code. City Council meeting of May 1, 1989 Page 2 McAllister made motion, Jesinski seconded, to approve an on/off sale non-intoxicating liquor license and a cigarette license for the Lakeview Inn (D. Tavernier), 444 129th Street in the City of Hugo. Approval of this license is subject to Mr. Tavernier securing all other required licenses as well as compliance with health, safety, and other requirements of the municipal code. All aye. Motion Carried. RECYCLING CENTER AG EEMENT (WASHINGTON COUNTY) The City of Hugo has received a copy of the annual agreement with Washington County regarding the recycling center affiliated with the Boy Scout Troop #151. This agreement appears to be basically comparable to those entered into in previous years as per our review with Mr. Tom Haugen. The City's obligations with regard to this agreement are identified in Section 3 of the enclosed document. Section 4 describes the joint responsibility of the City and County. McAllister made motion, Vail seconded, that the Mayor be authorized to sign the 1989 Recycling Center Agreement between the City and Washington County. All aye. Motion Carried. MINOR SUBD REQUEST (FROGNER)_ Steve and Gary Frogner have made application to the City of Hugo for the subdivision of a 22 acre tract of land into two 11 acre parcels. The property is currently zoned agriculture, and the applicants have indicated that the property is to be subdivided for residential use. This property is located east of Elmcrest Avenue in the SW 1/4 of Section 18, T31N, R21W, Washington County, Minnesota. The public hearing was scheduled before the Hugo Planning Commission of February 22, 1989 at which time the Planning Commission recommended approval of this minor subdivision, and waiver of the formal platting requirements' The applicants have made the necessary changes on the survey, identified the soil test areas, and resubmitted the appropriate percolation tests for the two sites in question. It appears that the applicants have complied with all the requirements of the Planning Commission, and have secured the appropriate permit from the RCWD. City staff recommends that if the Council approves this minor subdivision and waiver of the formal platting requirements, approval be subject to special conditions, and use of this property for residential purposes only. McAllister made motion, Olson seconded, to approve the final Certificate of Survey #5-1-89(A) for Steve and Gary Frogner, waiver of the formal platting procedure, for the following described property: The S 1/2 of the NW 1/4 of the SW 1/4 of Section 18, T31N, R21W, Parcel #93018-2450 Washington County, Minnesota. Approval is subject to the following special conditions: 1. All conditions of survey approval must be met prior to the stamping of any deeds for recording by the city clerk unless otherwise permitted by Council action. City Council meeting of 5/1/89 Page 3 L. 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. .3. 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. 4. No building permits shall be issued until the survey has been approved and recorded with Washington County. 5. All fees relating to this subdivision shall be paid by the applicant including the cost of recording documents with Washington County. b. Dedication of required parkland, or payment of fee in lieu of parkland dedication, shall be paid to the City prior to final survey approval. 7. 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. 8. Developer shall comply with all requirements and restrictions applicable to identified wetlands. 9. The developer shall permit access to the referenced site for periodic inspections to assure conformance with the subdivision. All aye. Motion Carried. M I NC(R SUED _REEOUEST t WLASCH 1 N j Ray and Ramona Wla=_.chin have made application to the City of Hugo for a minor subdivision of approximately 16 acres into two parcels, one containing approximately 9 acres and the other approximately 7.6 acres. The property in question is zoned RRy requiring a 5 acre minimum lot size. A certificate of survey has been prepared in compliance with city subdivision regulations and the site in question is not subject to Rice Creek: Watershed District review. Although Tract B has only 220' of frontage on County Rd. 8, the lot meets the lot width requirements based on the 300' width at the building setback line. Note the house is proposed at the south end of the lot. Both tracts A and B have frontage on County Rd. 8, and appear to meet all city requirements as proposed. This matter was reviewed before the Hugo Planning Commission at their April Lb, 1969 meeting, at which time said Commission unanimously recommended approval of this minor subdivision and waiver of the formal platting requirements. McAllister (made motion, J'esinsk:) seconded, to approve final Certificate of Survey #t5 -1-99(B) for Ray and Ramona Wlanchin, waiver- of the formal platting procedure, for the following described property: Part of the W 1/2 of the SE 1/4 of the SIJ 1/4 of Section T~, T31N, R21W, Parcel No. 93036-2530 Washington County, Minnesota. ;approval is subject to the following special conditions: 1. All conditions must be complied i.ed !>,.-i.th within 30 days of sur_..s,e..y acceptance or t_his approval shall be null and void. 2. All conditions of survey approval iic'be met prior to the stamping it c`.<.ny deeds for recording by t:.ht:: city clerk: unless otherwise is erf'Ci.it:'.t:e(I 3. The by Council action..i lines on site I?iust be identified by i_}...te appl:l.tm:_tl.....{s .,..o assure proper setbacks when bLl1..I.dings are to be constructed if required by t'.P;e l:r•._!.ildi.ng inspector. City Council meeting of 5/1/89 Page 4 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. T 5. No building permits shall be issued until the survey has been approved and recorded with Washington County. 6. All fees relating to this subdivision shall be paid by the applicant. including the cost of recording documents with Washington County. y. Any driveway permits requiring access to highways or county roads may not be issued until the necessary permits are secured from Washington County or the Minnesota Dept. of Transportation. 8. Percolation tests for Tract "B" must be approved by the building inspector within 30 days of survey approval. 9. Dedication of required parkland or payment of fee in lieu of parkland dedication shall be paid to the city prior to final survey approval. ltd. This approval shall be granted with the understanding that said subdivision does not create any landlocked parcels by the petitioner and land owner. 11. The developer shall permit access to the referenced site for periodic inspections to assure conformance with the subdivision. All aye. Motion Carried. AMENDED SPECIAL USE PERMIT (BESA) On behalf of the Bald Eagle Sportsmen's Association, Mr. Dennis Schriefels has made application to the City of Hugo for an Amended Special Use Permit to allow for the conducting of archery shoots and tournaments to the public on Sundays throughout the year. The club has designed and laid out a field archery range on site, and they have assured the City that the archery events in question are not in conflict with the original special use permit. All parking and activities would take place in the confines of the club property, and activities would be limited to archery only. The property in question contains approximately 80 acres and is zoned agricultural. This matter was reviewed by the Hugo Planning Commission at their April 26, 1989 meeting at which time said Planning Commission recommended approval of the amended special use permit emphasizing that said approval is for archery event: only, and that no firearms shall be discharged at times not authorized in the original special use permit for this site. The property in question is described as the E 1/2 of the SW 1/4 of Section 33, T31.N, R21W, Washington County, Minnesota. Dennis Schriefels, president of the BESA, was present and stated that the club is requesting ars amendment to their existing SUP to open to the public on Sundays for archery (9:00 AM to 5:00 PM) . There would be no other changes in the operation, and that archery would not generate any noise. McAllister made motion, Vail seconded, to amend the SUP of the Bald Eagle Sportsman Assn., to allow for the conducting of archery shoots and tournaments for the general public on :`un<`iciV:•.": from 9:00 AM to 5:00 PM. Review of this ASUP will be .noncurrent w.i.t.h, review of the original permit. All ave. Motion Carried. City Council meeting of 5/1./89 Page 5 COUNTRY V I EW ACRES F I NAL_. PL...A-[ On behalf of the Aspen Investment Company, Ethelyn VanBeek: and George Gotwald have made application to the City of Hugo the subdivision of 69 acre tract of land into 10 residential lots. The property in question is located off of Irish Avenue, north of County Road 7, and northwest of Long Lake. Lots proposed range from 5.2 acres to 6.2 acres in size. The property is zoned RR2, and the applicant is requesting waiver of subdivision requirement for length of cul-de-sac, and the installation of curb and gutter. The property is located in the SW 1/4 of the NE 1/4, and the SE 1/4 of the NW 1/4 of Section 35, T31N, R21W. The lots appear to meet the minimum lot size, lot width, and building setbacks. Both the Hugo Planning Commission and the City Council have approved the preliminary plat for this development in 1988. The applicants have now provided the required perc tests, secured the appropriate watershed district permits, and completed the road design as per the city engineer's recommendations. The administrative fees and parkland dedication fees have been deposited with the City, and the developer's agreement has been complted. The City is also in receipt of the required letter of credit to assure construction of the roadway as per the city engineer's recommendations. McAllister made motion, Jesinsk:i seconded, to approve the final plat of COUNTRY VIEW ACRES for the subdivision of 69 acres into 10 residential lots. The property is generally described as the SW 1./4 of the NE 1/4, and the SE 1/4 of the NW 1/4 of Section tis, T31N, R21W, Washington County, Minnesota. The Mayor is authorized the sign the Development Agreement between Aspen Investment and the City of Hugo. Approval of this subdivision is subject to the following special conditions: 1. Subdivision shall be contingent upon compliance with the plat approvals, as well as the grading„ stormwtater drainage, and street plans. 2. 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. 3. The property lines on site must be identified by the applicants to as=sure proper setbacks when buildings are to be constructed if required by the building inspector. 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. All fees relating to this subdivision shall be paid by the applicant including the cost of recording documents with Washington County. 7. Dedication of required fee in lieu of parkland dedication, stall be paid to the Ci.t.`.f prior to final plat:. approval. S. This approval shall be granted with the understanding thiat. w:a.i..d subdivision does not create any 1c:?i"idl.ocked parcels by the petitioner and land owner. 9. Installation of r_rgc..c:ir-ed roadways ].f"IC:].ud:Lng street, stormwater control, and on site utilities shall b e installed at the d e v el o p e r' 11.. expense. City Council meeting_ of 5/1/89 Page b 10. Subdivision 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 $5,000 to cover legal, engineering, administrative, and other costs related to this development. 15. Developer agrees that lots to be 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 1.25 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. The developer shall permit access to the referenced site for periodic inspections to assure conformance with this subdivision. 20. All drainage and erosion control methods proposed for this development shall be completed prior to the City accepting the roadway or public improvements serving said development. All aye. Motion Carried. It was pointed out to the developers that the letter of credit for this project would expire prior to completion and that the City would more than likely need a renewal. It was also suggested that the developers should notify future owners of lots located on Irish avenue that they could be subject to an assessment for road improvements some time in the future. QI_l_WOOD RIDGE F I NH'li... Ft..AT On behalf of Keystone Builders, Ms. Irene Arcand and Robert Ki.ewel t..s_a.=:rte made application to the City of Hugo for the subdivision of a 160 acre tract of land, zoned RR2, into =2 lots consisting of approximately 5+ gross acres each. The property in question is generally described as the E 1.i2 of the SE 1i4 of Section 33, T31N, R21W, and the W 1/2 of the SW 1i4 of Section 34, T31N, R21W, in the City of Hugo. The property ►.vet=- rezoned by the City Council to RR2 in June, 1988. It is the intent of t.i-te developers to serve the lots in question i'.:.it:h on-site wells, septic 5=:.',rst.t',r<s, LP gas, and electricity. Access to the site will be from County Road 7 on the south and from 125tH Streewwt on the north. The developer is to '7e responsible for all interior bituminous surfaced r-a<c1wa.s as well as curt:-$ in areas required by the city engineer. The � plat •<<r �:� . _ -� preliminary ra 1. a. rr•, 1. rt ._, r v .:; 1. ��. t. r .- ; � 3 :;. �::�. development received F'1.=nn.i.ng Commission approval, and was =ubs.equer:':.:.l approved by the Ci;..'.`{' CouncilFebruary 21, 1989, Tf...Ie roadway City Council meeting of 5/1/89 Page 7 design has been reviewed and approve by the city engineer. The applicants have secured the necessary permits from the RCWD, and perc tests have been completed, and are on file with the City. The developers have been made aware of how close this development is to the BESA site to the west, and the developers agreed to identify this situation in their restrictive covenants informing potential purchasers of this situation to avoid noise -related complaints in the future. The developer has deposited with the City the appropriate administrative fees, parkland dedication fees, and preliminary financial security. Their proposed restrictive covenants and development agreement were provided to the Council for review. Lot 7, Block 1 does not meet the minimum 5 acre size as a portion of this property is located in Grant Township. The developers have assured the City that a deed restriction will be placed on this site assuring the attachment this property to the portion in Grant Township so that the lot in question complies with the minimum 5 acre lot requirement. The drainage area through Lot 8, Block 1 has been discussed by the staff and the developers, and it was noted that the maintenance of this natural gully on site shall be the responsbility of the property owner' Mr. Gantanni and Mr. Kiewel, Keystone Builders, and their attorney, Martin Malecha, were present at the meeting to answer questions. City Attorney, Charles Johnson and Mr. Malecha reviewed the development agreement and agreed on certain amendments to the document. McAllister made motion, Vail seconded, to approve the final plat of DELLWOOD RIDGE for the subdivision of 160 acres into 32 lots. The property is generally described as the E 1/2 of the SE 1/4 of Section 33, and the W 1/2 of the SW 1/4 of Section 34, T31N, R21W, Washington County, Minnesota. The Mayor is authorized it sign the Development Agreement between Keystone Builders and the City of Hugo. Approval of the subdivision is subject to the following special conditions: 1' Final subdivision approval shall be contingent upon compliance with the plat approvals, as well as the grading, stormwater drainage, and street plans. 2' 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. 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. 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. 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. Any driveway permits requiring access to highways or county roads may not be issued until the necessary permits are secured from Washington County or the Minnesota Dept. of Transportation. City Council meeting of 5/1/89 Page 8 9. Installation of required roadways including street, curb and gutter, and stormwater control, shall be installed at the developer's expense. 10. Subdivision 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 $125000 to cover legal, engineering, administrative, and other costs related to this development. 15. The developer shall provide a financial guarantee, equal to 1.25 times the amount of the required public improvements to be installed, to serve lots within this development. 16. 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. 17. Any exterior lighting or advertising activities on site must be approved by the City. 18. The developer shall permit access to the referenced site for periodic inspections to assure conformance with this subdivision. 19. All drainage and erosion control methods proposed for this development shall be completed prior to the City accepting the roadway or public improvements serving said development. 20. The developers, through the restrictive covenants, and during property sales, notify potential lot owners of the proximity of this development to the Bald Eagle Sportsman Association gun range to avoid noise complaints in the future. 21. A deed restriction be placed on Lot 7, Block 1 of this subdivision assuring that the lot in the subdivision is attached to that portion in Grant Township so that the total lot size will comply with the city's 5 gross acre requirement. 22. Copies of the recorded restrictive covenants be filed with the City prior to issuance of any building permits. 23. The purchaser of Lot 8, Block 1 be notified of their responsibilities for maintenance of the natural gully on site. 24. Amendments to the Development Agreement shall conform with the recommendations of the city staff. All eye. Motion Carried. AUTHORIZE SALE OF SQUQQ QB WITH QOUvTY V:.L!.LqJj.,_.S McAllister made motion, Olson seconded, that city staff be authorized to assign the city's squad car to be auctioned along with other county vehicles and the title be signed after sale. All aye. Motion Carried. City Council meeting of 5/1/89 Pare 9 M I SCEL..I._ANEOUS The City received a letter from a resident regarding their concern with the city's policy allowing mobile homes as permanent residence. The city clergy: was directed to write the resident regarding planned changes in the city's zoning ordinance. Vail made motion, Olson seconded, to adjourn at 8:16 PM. All aye. Motion Carried. Mary .A n Creager, Cit- Clerk City` oA Hugo U