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HomeMy WebLinkAbout1989.11.06 CC Minutes/3 % MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF NOVEMBER 6, 1989 The meeting was called to order by Mayor Atkinson at 7:00 PM. PRESENT: McAllister, Jesinski, Olson, Vail, Atkinson City Administer, Ken Huber City Clerk:, Mary Ann Creager Olson made motion, Vail seconded, to approve the minutes for the regular City Council meeting of October 16, 1989 as submitted. All aye. Motion Carried. Vail made motion, Jesinski seconded, to approve the claims for November 16, 1989 in the amount of $51,-331.25. All aye. Motion Carried. CHARITABLE GAMBLING LICENSE Atkinson made motion, McAllister seconded, that the City of Hugo has no objection to the issuance of a gambling license to the Multiple Schlerosis Society for the operation of pull tabs at Ficci's, 14777 Forest Blvd., Hugo MN., and waiver of the 60 day waiting period. All aye. Motion Carried. RESOLUTION APPROVING PRELIMINARY TAX LEVY Consistent with State Revenue Department requirements, City staff has prepared the required resolution adopting the preliminary tax levy for funding of the City's proposed 1990 general fund budget. The increased tax levy reflects the loss of approximately $100,000 in LGA as a result of recent property tax reform legislation. The $100,01=0 in question will be taken from the City and given to the school districts. The City also lost an additional $10,000 as a result of adjustments in the formula dealing with actual growth of the community. This tax levy is necessary to fund the proposed budget which reflects a 4.7% increase in general fund expenditures. Atkinson made motion, Olson seconded, to adopt RESOLUTION 1989-24, RESOLUTION APPROVING PRELIMINARY 1989 TAX LEVY COLLECTIBLE IN 1990. VOTING AYE: McAllister, Jesinski, Olson, Vail, Atkinson VOTING NAY: NONE Motion Carried. VARIANCE REQUEST - GARAGE SIZE Mr. Frank Lewandowski of 5671 141st St. No., Hugo, Minnesota has made application to the City of Hugo for a variance to construct a 24' X8' addition to his existing garage. Currently, there is an existing 320 sq. ft. garage on site and Mr. Lewandowski wishes to increase its size by approximately 672 sq. ft. The property in question is zoned SFU and is approximately 15,000 sq. ft. in size. City ordinances allow for a 720 sq. /29 City Council meeting of November 6, 1989 Rage 2 ft. garage and an additional 260 sq. ft. of accessory storage. The request is consistent with current city policy regarding the size of garages in residential zones. The building in question is to be residential in nature and used for the maintenance and storaqe of his personal vehicles and possessions. Vail made motion, Jesinski seconded, to approve the variance request of Fran: Lewandowski to construct a 24' x 28' addition to his existing garage at 5671 141st Street North. The addition is to be residential in nature, and used for the maintenance and storage of his personal vehicles and possessions. All aye. Motion Carried. VARIANCE REQUEST - GARAGE SIZE On behalf of G & H Builders, Mr. Paul Husnik has made application to the City of Hugo for a variance to allow for the construction of a 748 sq. ft. attached garage to a residence on Lot 16, Block 1, Bald Eagle Estates Subd. The property in question is zoned SFE and is approximately one acre in size. The structure is to be used for residential purposes only. This request is consistent with the policy of the City regarding residential garages in developments of this nature. Jesinski made motion, Vail seconded, to approve the variance request of G &< H Builders (Raul Husnik) for the construction of a 748 square foot attached garage to a residence on Lot 16, Blocs; 1, Bald Eagle Estates. The structure is to be used for residential related purposes only. All aye. Motion Carried. VARIANCE REQUEST - GARAGE SIZE Mr. Brett Kostuch has made application to the City of Hugo for the construction of a 768 sq. ft. attached garage on his property located at 6275 Oneka Lk. Blvd. The property in question is zoned Conservancy and is approximately 6.8 acres. The garage is to be used for residential purposes only. The variance request is consistent with the policy of the City Council regarding the construction of garages exceeding the 723 sq. ft. requirement. The garage will be located 40' from the front property line. Olson made motion, Vail seconded, to approve the variance request of Brett Kostuch for the construction of a 768 square foot attached garage at 6275 Oneka Lake Boulevard for residential related purposes only. All aye. Motion Carried. VARIANCE REQUEST - SIGN SETBACk' On behalf of E &c J Auto, 15657 Forest Blvd. No., Mr. Ernie Voigt has made application to the City of Hugo for a variance to construct a 16 sq. ft. sign 6' from the front property line. The property is zoned industrial /3 9 City Council meeting of November 6, 1989 Page _ and is slightly more than one acre in size. Previously, Mr. Voigt had a 72 sq. ft. advertising sign which encroached approximately 1' into the highway right-of-way. That sign has been removed and Mr. Voigt intends to put the sign on his property but is requesting that the sign be placed within 6' of the property line. The City's sign ordinance for industrial districts requires that any sign over 10 sq. ft. may not encroach more than 8' into the required 40' front yard setback:. McAllister made motion, Jesinski seconded, to approve the variance request of E &< J Auto to construct a 16 square foot sign 6' from the front property line at 15657 Forest Boulevard. Approval of this variance was based on the following points of fact: 1. The sign is being reduced in size significantly. 2. The sign is being moved out of the right-of-way. 3. The location of the septic system and adjacent parking restricts the location of the sign. All aye. Motion Carried. SPECIAL USE PERMIT - DAN DAVIS Mr. Dan Davis of 8745 122nd Street has made application to the City for a special use permit to house two horses on his property. The property in question is zoned RR2 and is approximately 6.2 acres in size (Lot 1, Block. 1, Hound Lake Addition). At the October 25, 1989 regular meeting of the Hugo Planning Commission, a public hearing was held to secure input on this request. Mr. Mitre Ball appeared before the Commission and indicated his concern that the horses would remain on the property owner's site and would not be allowed to graze near the lakeshore. Mr. Davis assured the Commission that the horses would be kept within the corral area maintained approximately 500' from the lakeshore. City ordinances permit horses in RR2 zones allowing one horse on the first 5 acres and one additional animal for each acre over 5. The Hugo Planning Commission did recommend approval of the special use permit request for the housing of not more than 2 horses on the property in question subject to special conditions. Olson made motion, Atkinson seconded, to approve the Special Use Permit request of Dan Davis to house two horses on his property located at 8745 122nd Street (Lot 1, Block 1, Hound Lake Addition). Approval is subject to the following conditions: 1. Not more than Lot 1, Block 1 2. The two horses this location No commercial 3. The horses may Round Lake. two horses may be boarded on the property identified as Round Lake Addition. boarded on the site must be owned by the residents at and kept at least 500 feet from the shore of Found Lake. horse boarding will be allowed. not be permitted to graze within 500' of the shore of 4. The warranty deed submitted as proof of ownership shall be corrected to read Lot 1, Block: 1, Round Lake Addition, and stamped and recorded at Washington County. City Council meeting of November 6, 1989 Page 4 b. The site plan submitted shall be a part of the permit, and all building construction on site shall be as per the site plan. 6. Failure to comply with the conditions of this permit shall warrant revocation of said permit. 7. The City staff shall be allowed access to the property in question at reasonable times to assure compliance with this permit. All aye. Motion Carried. SPECIAL USE PERMIT - JOHN SOUTHWARD Mr. John Southward has made application to the City of Hugo for a special use permit to construct a 6,000 sq. ft. accessory building on his property at 7307 132nd St. Mr. Southward's application indicates that the property in question is in the City of White Pear Lakei however, the property is in fact located in the City of Hugo. City ordinances allow for exterior storage not exceeding 3,600 sq. ft. for parcels of land up to 20 acres in an agricultural zone. The property in question is approximately 10 acres and is zoned agricultural. At the October 25, 1989 regular meeting of the Hugo Planning Commission, a public hearing was held to secure input on this request. Mr. Southward appeared before the Planning Commission and indicated that the building in question would be used as a garage and for storage of farm machinery/equipment, hay, and possibly horses. The Commission inquired as to the status of the 8 semi- trailers and carnival equipment stored throughout the property in question. Mr. Southward stated that the carnival equipment belonged to his brother and will be removed from the site as will the 8 semi- trailers. He noted that currently he is storing machine shop equipment, such as lathes and drills in the semi -trailers. The Planning_ Commission indicated concern that the carnival equipment will be stored on site and that the building in question will end up as a machine shop for the repair of carnival equipment and other commercial type activities. Mr. Southward assured the Commission and audience that the machine shop activities is a hobby for Mr. Southward, and there are no commercial activities taking place on the site. The Commission then discussed the difficulty in determining at what point a hobby becomes a commercial operation and how it can be properly regulated. After a lengthy discussion, and a commitment from Mr. Southward that semi -trailers and carnival equipment will be removed, and no commercial activity will take place on site, the Planning Commission recommended approval of the special use permit to allow construction of a 60' X 100' accessory building at 7307 132nd St. (93028-2130) subject to special conditions. If the City Council feels that the request is consistent with the comprehensive pian and development in the area and action is taken to approve this permit, City staff recommended that said approval be subject to the following special conditions: 1. All semi --trailers and carnival equipment stored on the site be permanently removed from the site in question. 2. No exterior storage of equipment and machinery be permitted on site. :�. No commercial storage or commercial activity be permitted on site. 4. No repair of commercial or recreational equipment be permitted for uses other than those permitted in an agricultural zone. City Council meeting of November 6, 1989 Page 5 5. The structure in question shall be used for residential and agricultural related activities. 6. Failure to comply with the special conditions noted herein shall be grounds for permit revocation and removal of the building. 7. City staff to be afforded access to the site at reasonable times to assure compliance with this permit. 8. The site plan submitted is a part of the special use permit approval. Mr. Southward, present at the Council meeting, stated that he would not be able to comply with the above eight (8) conditions, and requested that his application for a Special Use Permit to construct a 6,000 square foot accessory building be withdrawn. Mr. Southward stated that his hobby is working on semi -trailers, and he can't afford industrial storage. Mr. Southward stated that he would apply for a 3,600 square foot building, thereby eliminating the need for a SUP. Mr. Southward was informed that he would still have to remove the semi -trailers and carnival equipment from his property regardless of the size of the building, and that the property is currently in violation of City ordinances. SPECIAL USE PERMIT - STEVE HARTMANN Steve and Cynthia Hartmann have made application to the City of Hugo for a special use permit to allow construction of a temporary accessory storage building on their property located at 5075 124th St., Hugo, Minnesota (aka Lot 2" Block 1, Lake Air Estates). The structure in question has been installed and this request is being made after -the -fact. The building is made of wood, metal, and a poly -material, and is like a conventional greenhouse in appearance. The structure is to be used to house a personal collection of Bonsai trees over the winter months until the would-be purchasers of the property build a more permanent structure that complies with City ordinances. Mr. Bob Hampel has tentative plans to purchase the property in question, and has indicated that he needs a temporary structure to house his trees until a more permanent structure is constructed. The applicants are acknowledging that the structure was built without proper permits and approvals, and they are throwing themselves on the "mercy of the Council" to be understanding in this matter and allow temporary use of the building to get them through the winter months. At the October 25, 1989 regular meeting of the Hugo Planning Commission, a public hearing was held to secure input regarding this request. A lengthy discussion ensued by the Commission and members of the audience regarding the desirability of this type of structure in an established residential neighborhood. It was also pointed out that the building in question is clearly in violation of the restrictive covenants in Lake Air Estates. It was stated that the City does not get involved in enforcing restrictive covenants. The applicants were, however, made aware of the potential liability if someone in the subdivision development were to take legal action to have this temporary structure removed. City ordinances allow for accessory structures not exceeding 640 sq. ft. constructed so that the exterior is covered using material similar in type to the principal residence in SFE districts. The structure in question is 13' wide and 24' deep and is located 150' from the rear property line. The applicants have indicated their- intent to expand the existing building on site to house their Bonsai trees in a more permanent structure and said /4/.2 - City 4/.2. City Council meeting of November 6, 1989 Page 6 structure will be in compliance with the restrictive covenants and City ordinances. Although the Hugo Planning Commission was very reluctant to recommend approval of this request, said recommendation was based on the following factors: 1. The temporary accessory structure is already in place. 2. Requiring it's removal, and storage of the Bonsai trees elsewhere, may create a hardship for Mr. Hampel. 3. Mr. Hampel has agreed to provide a financial guarantee to assure removal of the temporary structure in the spring of 1990. 4. Property owners adjacent to the site in question indicated no objections to the structure as it currently exists. 5. Any future accessory structures on site will be of the same general appearance and exterior materials as the principal residence. The Planning Commission indicated that they did not feel that a conventional -type greenhouse would be acceptable in this type of residential neighborhood, and would not look favorably on similar types of requests. The City staff also indicated it's concern of the precedents that might be set allowing this type of structure in an established residential neighborhood even though it is proposed for a very limited time. Based on the five (5) reasons of approval made by the Planning Commission, the City Council reluctantly made the following motion: McAllister made motion, Vail seconded, to approve the temporary Special Use Permit request of Steven Hartmann and Robert Hampel for the construction of a temporary accessory storage building on their property located at 5075 124th Street North (Lot 23, Block 1, Lat::e Air Estates) according to the submitted site plan. Approval is subject to the following special conditions: 1. The site in question be used only to grow and house the Bonsai trees as a hobby, and not as a commercial operation. 2. The temporary building must be removed by June 1, 1990, and the applicant will post a $2,000 letter of credit good through Jelly 1, 1990 or make a cash deposit with the City of Hugo, to assure removal of the temporary structure. 3. The applicant shall pay double permit fees as a result of proceeding with this project before securing the required permits. 4. No sale of Bonsai trees will be permitted on the site in question. 5. No public or group viewing of the trees will be done at 5024 124th St., Hugo, Minnesota. 6. No on -street parking will be permitted as it relates to this permit. 7. No advertising will be permitted on site. 8. The permanent structure, to be constructed in the spring of 1990, be of the same material and appearance as the principal residence, and comply with City ordinances. 9. This temporary structure shall be properly maintained at all times. 10. Lighting in the temporary structure shall be limited to reasonable hours, and said lighting will not be on when the owners are not in the structure. IV3 City Council meeting of November 6, 1989 Page 7 11. Failure to comply with the conditions of this permit shall be grounds for revocation of same. 12. City staff shall be allowed access to the property at reasonable times to assure compliance with this permit. All aye. Motion Carried. Councilman McAllister requested that the record show that this approval does not supersede any restrictive covenants for Lake Air Estates. RESOLUTION SETTING EMPLOYEES' SALARIES As per City policy, the Council is to establish the salaries of full and part-time employees at the time of budget review. The Council received the recommendations of the City Administrator regarding employee salaries based on merit and previous Council employment agreements. In the case of the City Code Enforcement Officer, he has requested an increase in fringe benefits as opposed to an increase in his base salary for 1990. The funding for these increases is per preliminary budget review by the City Council. McAllister made motion, Olson seconded, to adopt RESOLUTION 1989-25, RESOLUTON SETTING 1990 SALARIES FOR REGULAR AND PART-TIME EMPLOYEES. VOTING AYE: McAllister, Jesinski, Olson, Vail, Atkinson VOTING NAY: NONE Motion Carried. SET BOARD OF REVIEW DATE The City Council set April 9, 1990, from 9:00 AM to 12 o'clock noon for the 1990 local Board of Review, and the regular Council meeting of April 16, 1990 at 6:00 PM, for official action. The Council would like to meet with Mr. Scott Renne, Washington County Assessor, prior to Board of Review. APPOINTMENT 1"0 FIRE DEPARTMENT Atkinson made motion, Vail seconded, to appoint Jim Kellison, Jr., to the Hugo Fire Department subject to the six-month probationary period. All aye. Motion Carried. Vail made motion, Olson seconded, to adjourn at 8:00 PM. All aye. Motion Carried. �c Mary A reaper, City i rk