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HomeMy WebLinkAbout1989.10.02 CC Minutes/ 1) 3. MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF OCTOBER, 1989 The meeting was called to order by Mayor Atkinson at 7:00 PM. PRESENT: McAllister, JesinsL=:i, Olson, Vail, Atkinson City Administrator, Ken Huber City Attorney, Charles Johnson City Engineer, Howard Kuusisto City Clergy;, Mary Ann Creager Olson made motion, Jesinski seconded, to approve the minutes for the regular City Council meeting of September 18, 1989 as submitted. All aye. Motion Carried. Vail made motion, Olson seconded, to approve the General Claims for October 2, 1969 in the amount of $22,782.91. All aye. Motion Carried. Atkinson made motion, Vail seconded, to approve the Utility Claims for October 2, 1989 in the amount of $3,566.82. All aye. Motion Carried. SET BUDGET HEARING DATE No action will be taken on this matter until the City receives further direction from the State of Minnesota. INDUSTRIAL SITE PLAN APPROVAL (F. RIERMANN) Mr. Fred Riermann has made application for a site plan approval to accommodate exterior storage, an assembly area, and for the parking of tractor trailers. The property in question was previously owned by Mr. Vern Peloquin, and was involved in a minor subdivision approval in the fall of 1988. The property owner has satisfied the requirements of the Rice Creek Watershed District for final survey approval, and upon receipt of same, Mr. Riermann purchased the property from Mr. Peloquin. Mr. Riermann's site plan calls for the construction of a 6' high chainlink fence around the perimeter of the site which is 145' in width and approximately 520' in depth. The legal description of the property in question is shown on the certificate of survey. The property is located in the Peloquin Industrial Park. The City is in receipt of the approved storm -water management and erosion -control plan submitted by Mr. Riermann, and subsequently approved by the RCWD. The use, as proposed by Mr. Riermann, is consistent with the City's zoning ordinance for industrial areas. City staff can see no problem with the proposed use subject to the applicant conforming to his statement of the land -use proposed, and fencing of the area as shown on the site plan. McAllister made motion, Vail seconded, to approve the application of Fred Riermann for site plan approval to accommodate exterior storage, an assembly area, and for the parking of tractor trailers. Mr. Riermann will install a 6' high chainlink fence around the perimeter of the site which City Council meeting of October 2, 1989 Page 2 is 145' in width and approximately 520' in depth. The legal description of the site in question is described as follows: That part of the W 1/2 of the SE 1/4 of Section 17, T31N, R21W, Hugo, Washington County, MN., described as follows: Commencing at the south quarter corner of said Section 17, thence North 0 degrees++6'16" West, assumed bearing, along the quarter section line a distnace of 1321.70 feet, thence North 88 degrees55'41" East a distance of 796.66 feet, thence South 1 degree29 "6" East a distance of 200 feet to the point of beginning of property herein to be described; thence South 1 degree29'76" East a distance of 145 feet; thence North 88 degrees55'41" East a distnace of 517.88 feet; thence North 0 degrees36'27" East a distance of 145 feet along the East line of W 1/2 of said SE 1/4; thence South 88 degrees55'41" West a distance of 520.22 feet of the point of beginning. All aye. Motion Carried. ROUND LAKE ADDITION (FINAL PLAT On behalf of Mr. William Simonet, Jr., and Jeanette Pfurtscheller, Mr. Larry Samstead has made application to the City of Hugo for the subdivision of a 36.9 acre tract of land into seven lots consisting of approximately five acres each. The property in question is zoned RR2, and is located between Janero Avenue and the east shore of Round Lake. Three of the proposed lots in question are located on Round Lake, and four of the lots are located off proposed 121st Street. The City Council authorized preliminary plat approval on June 5, 1989 subject to special conditions. Mr. Simonet has paid the required parkland dedication fee, submitted his restrictive convenants, and has received RCWD approval on his storm -water management plan. The lots in question are in conformance with the City's subdivision regulations with the exception of the lake lots which do not meet minimum lot width, therefore, the request for lot -width variance. Revised perc tests were submitted for Lots 1 & ?, Block 2, and Mr. Simonet has informed us that the Washington County Surveyor's Office has completed their review of the plat. The City Engineer is conducting final review of the road -design plans, and the signing of the final plat would be subject to the engineer's approval of said plans. Pending the approval of the road -design plan by the City engineer, City staff is recommending approval of the final plat of Round Lake Addition, and lot width variance, subject to special conditions, and approval of the Development Agreement, as prepared and agreed upon by the applicant. There is an outstanding lawsuit (Pfurtscheller vs City of Hugo) regarding the City's denial of Jeanette Pfurtscheller's application for a Special Use Permit to keep horses on her property. City attorney, Charles Johnson, stated that the Council could approve the final plat contingent on resolution of the litigation. McAllister made motion, Jesinsk:i seconded, to approve the final plat of ROUND LAKE ADDITION, and the lot -width variances for the lake lots. The restrictive covenants shall be recorded at Washington County, and the Pfurtscheller vs Hugo matter be dismissed prior to the City signing the final plat. Approval of this subdivision is subject to the following conditions: City Council meeting of October 2, 1989 Page 3 1. All lots within the development must be permanently staked by the surveyor to identify property lines for the building inspector. 2. 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, if required. No building permits shall be issued until the plat has been approved and recorded with Washington County, and the roadway serving the development has been constructed. 4. The on-site drainage and erosion -control plan approved by the RCWD must be adhered to, and the unauthorized fill for roadway purposes on the southern border of the site must be removed as required by the RCWD. 5. Building locations on the individual lots must be as shown on the preliminary plat, and shall not be in conflict with the perc areas identified for installation of the septic systems (Lot 3, Block 2). b. All slope easements for roadway purposes shall be provided as per the City engineer's recommendation. 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 district. 8. All property owners shall be responsible for maintenance of drainage areas within easements on their property. 9. Developer agrees that lots abutting on the cul-de-sac 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. 10. The lowest floor elevation of residential structures must be at least 4' above the high water table. 11. The final plat documents shall not be signed by the City until approval of the road -design plan has been given by the City engineer. 12. The developer shall permit access to the referenced site for periodic inspections to assure conformance with plat approval. VOTING AYE: McAllister, JesinsEi, Vail, Atkinson VOTING NAY: OLSON Motion Carried. ROUND LAKE ADDITION (DEVELOPMENT AGREEMENT) The City Council reviewed the Development Agreement prepared by the City staff as it relates to the final plat approval of Round Lake Addition. The appropriate financial deposits have been made, and a letter of credit filed with the City as per the City engineer's recommnedation. All conditions of the Development Agreement have been accepted by the developers. City staff recommends approval of the Development Agreement, and the Mayor be authorized to sign said agreement on behalf of the City of Hugo. McAllister made motion, Vail seconded, to approve the Development Agreement for Round Lake Addition, and authorizes the Mayor to sign said Development Agreement between Round Lake Partners and the City of Hugo after the final plat has been signed. /a6 City Council meeting of October 2, 1989 Page 4 BUILDING SETBACK VARIANCE On behalf of Urian Kass, Mr. Bob Moser has made application to the City of Hugo for a variance from the required building setback: line as required by the City Council. The legal description for the site in question is identified as Schedule "C"on the certificate of survey. On November 16, 1981, the City Council approved a minor subdivision for Mr. Steve Chapman creating the lot in question. Condition 3 of that minor subdivision approval stated, "Granting of a variance to Parcel 2 for a front setback: requiring that the future residence be built at least 175' behind the cul-de-sac line". The proposed building location by Mr. Nass is 175' from the existing private road to the site in question; however, it does not conform to that special condition with regard to the cul-de-sac line. Mr. Kass is requesting that that special condition be reduced to accommodate the building location as shown on the site plan. The staff has reviewed the files with regard to any reasons for the 175' setback; and can find none. We contacted former elected officials who served on the Council at the time of survey approval in 1981, and there is no indication of any reasons why a residence would be required to set back: that distance from the cul -de --sac line. On the surface, there appears to be no reason for denial of this request, but City staff cannot determine the reason for the original requirement. Vail made motion, Olson seconded, to approve the variance request of Mr. Bob Moser, on behalf of Brian Kass, for a variance from the previous requirement to set a building 175' from the cul-de-sac line to allow a setback of 140'. The property is identified as 12855 Goodview Avenue. Building setbacks shall be as per the approved site plan. All aye. Motion Carried. AMENDED SUP FOR BOATHOUSE Mr. Richard Charest, 12770 Homestead Drive, Hugo, MN., has made application to the City of Hugo for an amended SUP to allow construction of a boathouse on Lot B, Royalhaven Estates lst Addition. The 10' x 16' proposed building, currently under construction, is to be used as a boathouse to store boats and related boating equipment. The property in question is zoned RR2, and is approximately one acre in size. The boathouse is to be located approximately 40' from the shoreline of Sunset Lake, and 12' from the south property line. The primary reason for this request is because there are no other structures on site, and the boathouse would be the principal structure until a residence is located thereon. At the September 27, 1989 Planning Commission public hearing, Mr. Charest's neighbor to the south appeared before the Commission and objected to the location of the boathouse as it would be visibly between his home and the lakeshore. Mr. Sean Hallet questioned whether or not the building being constructed would actually be a boathouse or was going to be used for something other than that proposed by the applicant. The Citi has received a letter from the DNR indicating that they have no objection to the plan proposed. Mr. Charest openly admitted to the Planning Commission that he does not intend to store any boats in this building, but storage will be for his watersk:is, life preservers, oars, outboard /J 7 City Council meeting of October 2, 1989 Page 5 motors, and other boating -related equipment. The property in question was involved in a SUP in October of 1985, at which time the applicant requested permission to fill certain areas on site. Planninq Commission chairman, Richard Senk:ler, inquired whether it was the intent of Mr. Charest to use this building for recreational purposes and put a screened -in porch on the lakeside of this building. Mr. Charest responded in the negative indicating again that the building would be used for storage of boating equipment only and for no other purpose. After further discussion, the Hugo Planning Commission recommended approval of the amended SUP for a 10' x 16' boathouse on Lot 8, Royalhaven Estates 1st Addition, subject to special conditions. In light of the Q'C's recommendation, and the proximity of this lot to the principal residence across the street, McAllister made motion, Vail seconded, to approve the application of Richard Charest for an amended Special Use Permit for the construction of a 10' x 16' boathouse on Lot 8, Royalhaven Estates 1st Addition, subject to the following special conditions: 1. The boathouse shall be located as per the site plan submitted. 2. The boathouse shall be used only for the storage of boats and related equipment as defined in the City's shoreland management ordinance. 3. The structure in question shall not be used for human habitation or other recreational uses. 4. The building shall be constructed as per City building codes and shall be properly anchored. 5. The applicant shall pay double permit fees for failure to apply for the proper permit prior to proceeding with the construction of this building. 6. No exterior storage of vehicles or other equipment shall be permitted on site prior to construction of a principal residence on said lot. 7. The applicant shall secure the required driveway permit if a driveway is constructed on site. B. The boathouse shall be maintained in a secure and safe condition at all times. 9. Failure to comply with the conditions of this special use permit shall warrant revocation of same and require removal of the boathouse. 10. Applicant agrees to allow inspection of the facility at reasonable times to assure compliance with the conditions of this special use permit. All aye. Motion Carried. SUP REQUEST FOR ACCESSORY BUILDING Mr. Dan Santanni, 1019 W. Sherren St., Roseville, MN., has made application to the City of Huqo for the construction of a 40' x 54' pole barn in an agricultural zone prior to construction of a principal residence. Mr. Santanni owns approximately 80 acres north of 1225th Street on the property generally described as the E 1/2 of the NE 1/4 of Section 33, T31N, R21W, Washington County, MN. Mr. Santanni indicated that there is currently an old shed and an existing pumphouse on the site in question, and he would like to locate a pole barn on the site for the purpose of stori.nq crops and grains harvested on his property. Mr. City Council meeting of October 2, 1989 Page 6 Santanni has indicated that the building in question will be used solely for agricultural purposes related to activities taking place on the site. City ordinances do not allow for the construction of an accessory building on site prior to the construction of a principal residence unless a SUP is secured. In light of the staff's conversations with Mr. Santanni regarding the future of the site in question, there is some concern regarding allowing the building and then Mr. Santanni subdividing the property for residential purposes. In the past, the City has required a letter of credit deposit assuring that the principal residence will be constructed on the site within a specified period of time. It is our understanding that a residence was located on the site in question at one time, but was destroyed by fire a number of years ago. The property in question was approved for a recreational use (zap games) in 1987. Mr. Santanni appeared before the Planning Commission on September 27, 1989 at the required public hearing, and informed the Commission that the zap games operation no longer exists on his property. Mr. Santanni submitted a petition signed by abutting property owners indicating that they had no objection to the construction of this agricultural building. The Planning Commission indicated concern that if the use of this property changes, the City could end up with another metal storage building in the middle of a residential area, and said building could be used for something other than agricultural purposes. After a lengthy discussion, the Planning Commission unanimously approved the SUP in question based on the site plan submitted, and compliance with nine special conditions. Following the Planning Commission approval, Mr. Santanni then said he wasn't concerned about having to post a letter of credit before subdividing his property as some of the property was already subdivided into a ten acre tract. The Planning Commission then questioned why the site plan submitted by Mr. Santanni did not reflect the different lots on the 80 acres he previously indicated was a single parcel. The Planning Commission then raised a number of questions regarding setbacks and the precise location of the 10 acre tract referenced by Mr. Santanni. When Mr. Santanni could not identify the site location and the setbacks from this 10 acre parcel, the Planning Commission then acted to rescind their previous approval and table this matter until Mr. Santanni could provide a deed and a survey showing exactly how the lots are laid out on this 80 acre site. Mr. Santanni refused to have the property surveyed or provide the information requested by the Planning Commission, and said that he did not want this matter tabled, but wanted the Planning Commission to act on it that evening. After further discussion, Planning Commissioner Senkler moved that the application for a SUP be denied based on Mr. Santanni's refusal to submit the information requested by the Planning Commission, and because the information that was submitted was admittedly inaccurate and did not reflect the true layout of the site in question. Motion for denial was unanimously approved by the Commission. In an effort to resolve the concerns of the Planning Commission, Mr. Santanni has made application with the Washington County Auditor's Office consolidating all three parcels of land that he owns into a single 80 acre parcel that would be consistent with the plan originally submitted to the Planning Commission. By making this land consolidation, Mr. Santanni feels that he would now be in conformance with the original recommendation for approval by the Planning Commission' /a 9 City Council meeting of October 2, 1989 Page 7 McAllister made motion, Atkinson seconded, to table Mr. Santanni's request for a Special Use Permit to construct an accessory building prior to construction of a principal residence until either an approved certificate of survey is provided identifying the entire parcel referenced, or the owners of the property can provide proof that the property has been consolidated into a single 80 acre parcel as per the Washington County Auditor. All aye. Motion Carried. CERTIFICATION OF UNPAID UTILITY HILLS Atkinson made motion, Olson seconded, to adopt RESOLUTION 1989-20, RESOLUTION DECLARING UNPAID UTILITY $ILLS AND REQUESTING THAT THEY HE PLACED ON THE TAX ROLLS. VOTING AYE: McAllister, Jesinski, Olson, Vail, Atkinson Motion Carried. RESOLUTION DECLARING COST TO HE ASSESSED FOR PROJECT #572 -88tH This matter was deleted from tonight's agenda. SITE PLAN APPROVAL (D. HICF"S) Mr. Dan Hicks of 14719 Fitzgerald Avenue North has made application to the City of Hugo for site plan approval for the construction of a 6 1/2' - 18' lean-to on the south side of his garage. Mr. Hicks' residence is located in the CH zone, and he is requesting that the $85.00 site plan fee for the CH district be waived. The addition would be used for personal storage of lawn -care equipment and a fishing boat. It is estimated that the site plan fee might exceed the total cost of construction. McAllister made motion, Jesinski seconded, to approve the application of Dan Hicks for site plan approval for the construction of a 6 1/2' x 18' lean-to on the south side of his garage at 14719 Fitzgerald Avenue to be used for residential storage. The City waives the $85.0(--) fee for site plan approval in the CH zone; however, Mr. Hicks shall pay $25.00 for residential site plan approval. All aye. Motion Carried. STREET LIGHT REQUEST (PETITION) The City has received a petition from property owners along Irish Avenue between County Road 7 and 130th Street, and residents building on 1276th Avenue (Countryview Acres), requesting the City rescind the order to place a street light at the intersection of Irish Avenue and 126th Street. McAllister made motion, Vail seconded, directing City staff to notify NSP to suspend installation of the street light at the intersection of Irish Avenue and 126th Street. The City retains the right to reconsider this action should future development or increased traffic dictate the need of a street light. All aye. Motion Carried. Igo City Council meeting of October 2, 1989 Page 8 ACCEPTANCE OF BALD EAGLE ESTATES IMPROVEMENTS McAllister made motion, Jesinsk:i seconded, that the City of Hugo accept the improvements of streets, curb and gutter, and sanitary sewer for Bald Eagle Estates as recommended by the city engineer, effective date of acceptance to be August 18, 1989. All aye. Motion Carried. Vail made motion, McAllister seconded, to adjourn at 8:28 PM. All aye. Motion Carried. Mary Creager, City ertk City o Hugo