HomeMy WebLinkAbout1988.07.05 CC Minutes75 -
MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF JULY 5„_1988
The meeting was called to order by Mayor Atkinson at 7:00 PM.
PRESENT: Olson, Peltier, Potts, Vail, Atkinson
City Administrator, Ken Huber
City Engineer, Howard Kuusisto
City Clerk, Mary Ann Creager
Peltier made motion, Potts seconded, to approve the minutes of June 20,
1988, as submitted.
All aye. Motion Carried.
Vail made motion, Peltier seconded, to approve the General Claims for July
5, 1988 in the amount of $213,982.00.
All aye. Motion Carried.
Potts made motion, Peltier seconded, to approve the Utility Claims for
July 5, 1988 in the amount of $4,594.57.
All aye. Motion Carried.
CHARITABLE GAMBLING REQUEST (COLUMBUS LIONS, NATIONAL ATAXIA FOUNDATION,
CHURCH OF ST. JOHN THE BAPTIST)
Atkinson made motion, Peltier seconded, that the City of Hugo has no
objection to the issuance of Gambling Licenses to the Columbus Lions Club,
the National Ataxia Foundation, and the Church of St. John the Baptist,
and waiving of the 30 day waiting period.
All aye. Motion Carried.
TEMPORARY MOBILE HOME PERMIT KWARNECF:E)
Jim and Barbara Warnecke have made application to the City of Hugo for a
temporary mobile home permit on their property located 7830 132nd Street
North (W 1/2 of the E 1/2 of the W 1/2 of the SE 1/4 of Section 27, T31N,
R21W), The applicants have indicated that the mobile home will be located
on the site temporarily to serve as living quarters for Mr. and Mrs. John
Lunde. They have indicated that the trailer will be removed from the
property as soon as possible after the Lunde's no longer need their help.
The request in question will also allow for the trailer to be located
between the existing house and the road on their property. Typically, the
City Council has considered the issuance of a temporary mobile home permit
for a specific period of time. The request before the Council specifies
no period of time in the application leaving the permit somewhat open
ended. It should be noted that the city did issue a temporary mobile home
permit in May, 1978, on a site near 165th Street, and that mobile home is
still in place and being occupied 10 years later. If the City Council
chooses to approve this permit for an indefinite period, city staff would
suggest that precautions be taken to assure separate utilities systems for
the trailer and that the trailer meet the minimum size and setback
requirements of the zoning ordinance. The Council should also be
concerned that the trailer meet all public health requirements while being
occupied and that this permit be issued to the applicants and that it not
run with the land.
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City Council meeting of July b, 1988
Page 2
Temporary mobile home permits have been issued in the past for people who
are in the process of building a home or developing property and they need
a place to reside until a permanent structure is built. This type of
request is unusual in that we are allowing two residential dwellings on a
single lot at the same time without an expiration period for the permit
making the mobile home more permanent than temporary.
The public hearing was called to by Mayor Atkinson at 7:07 PM. Ray Olson,
7800 132nd Street, questioned what the term "temporary" meant in this
situation. Mr. Warnecke stated that his in-laws were in bad health, and
that he would rather they lived with them in their house rather than the
trailer, but that they preferred privacy. He stated that their health
will dictate how long the trailer will stay on the premises. Mr. Warnecke
also stated that if approved, he would hoot, the trailer to the existing
septic system and well on site. The public hearing closed at 7:13 PM.
Olson made motion, Peltier seconded, to approve the application of James
and Barbara Warnecke for a temporary mobile home permit on their property
located at 7830 132nd Street North (W 1/2 of the E 1/2 of the W 1/2 of the
SE 1/4 of Section 27, T31N, R21W) based on a hardship determined by the
failing health of Mr. and Mrs. John Lunde who are in need of attention and
care to be provided by the applicant. Approval is subject to the
following conditions:
1. The temporary mobile home permit shall be issued to the property owner
and shall not run with the land.
2. Sanitary facilities for the site shall comply with city and county
codes/ordinances.
3. The permit shall be subject to administrative review quarterly.
4. The permit shall be null and void at such time as Mr. and Mrs. John
Lunde cease residing in the mobile home.
S. The mobile home shall be located on site per the site plan submitted.
6. Issuance of this permit shall in no way be construed as permanent or a
subdivision of the land in question.
7. The mobile home shall be permanently removed from the site within 30
days of the vacation of the mobile home by Mr. and Mrs. John Lunde.
S. The City of Hugo shall be allowed reasonable access to the site to
assure compliance with this permit.
9. The property owner shall notify the City of Hugo within 10 days of any
change of residency within the temporary mobile home.
10. Residency in the mobile home shall be limited to Mr. and Mrs. John
Lunde.
11. This permit shall be non -transferable.
12. All activities on site shall comply with city codes and ordinances.
All aye. Motion Carried.
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City Council meeting of July 5, 1988
Page 3
MINOR SUBDIVISION REQUEST (H. JOHNSON)
Howard and Viona Johnson have made application to the City of Hugo for a
minor subdivision and waiver of the formal platting requirements to
subdivide a 17.4 acre tract of land into two parcels. Currently the tract
in question is identified as two separate parcels as per the Washington
County Auditor. There is a home on proposed Tract B and a pole barn on
proposed Tract A. It is the city's understanding that Mr. Johnson intends
to sell Tract A to Linda Lillie for construction of a home on said site.
There is a small portion of wetland on the east portion of the site, and
the applicants have indicated they do not intend to disturb this area.
The property in question is RR -2 requiring a minimum 5 acre tract for
development. City staff can see no reason to deny this application,
however, we could not recommend dedication of a 66' road from 130th Street
to Tract A in that it does not conform to city policy unless a 5 -ton
bituminous road is constructed. City policy would allow Mr. Johnson to
convey an easement to the owner of Tract A permitting access to 130th
Street. This, however, would prohibit the future subdivision of Tract A.
The entire parcel of land in question is generally described as the South
E334.8 feet of the SW 1/4 of the SW 1/4 of Section 26, T -1N, R21W,
Washington County, Minnesota excepting therefrom the West 417.4 feet
thereof. This property is currently subdivided into two tracts
of land, one containing a 4.82 acres that is landlocked. The applicants
wish to resubdivide the property and provide a minimum 70 foot driveway
easement on the easterly portion of Tract B providing access to Tract A.
The Hugo Planning Commission reviewed this request at their public hearing
on June 22, 1988, and recommended approval of the subdivision and waiver
of formal platting requirements subject to special conditions.
Potts made motion, Peltier seconded, to approve the final certificate of
survey #7-5-88 for Howard and Viona Johnson, waiver of the formal platting
procedure, for the following described property: The South 834.8 feet of
the SW 1/4 of the SW 1/4 of Section 26, T31N, R21W, Washington County,
Minnesota. Approval is subject to the following conditions:
1. All recommendations of the Rice Creek Watershed District or other
governmental agencies be complied with.
2. All fees relating to the subdivision shall be paid by the applicant
and the cost of recording documents with Washington County.
3. The developer shall pay the fee in lieu of parkland dedication at the
time of survey approval ($125.00).
4. All conditions of this approval must be met prior to the stamping of
any deeds for recording by the city clerk unless otherwise permitted
by Council action.
5. The property lines must be identifed on site to assure proper setbacks
when buildings are to be constructed if required by the building
inspector.
6. Any commercial or industrial use of said property not specifically
permitted in this zoning district shall be strictly prohibited.
7. Driveway or drainage areas must include the installation of a minimum
15" diameter corrugated metal culvert in a manner acceptable to the
city.
8. On-site activities permitted as a result of this subdivision shall not
cause the altering of any watercourse, ditch, drainage system or
protected wetlands.
City Council meeting of July 5, 1988
Page 4
9. Percolation tests must be submitted to the city prior to issuance of
final survey approval.
iii. Approval of this subdivision shall not create any landlocked parcels
also owned by the owner/applicant.
11. The property/owners shall convey with Tract A a minimum 30 foot
driveway easement on the southeast end of the site in question to
provide adequate access to Tract A. If the owner/applicant prefer
construction of an approved roadway, and dedication of said roadway to
the city, it must be constructed as per city policy.
All aye. Motion Carried.
BALD EAGLE ESTATES SURD FLAT (GALLIVAN/GRANGER)
On behalf of Birchwood Builders, Inc., an application has been made for
the subdivision of 43 acres into 28 lots located west of Highway 61 and
north of Lake Air Estates (the E 1/2 of the SW 1/4 of the NE 1/4 of
Section 31, T31N, R21W, and the SE 1/4 of the NE 1/4 lying westerly of the
railroad right-of-way in Section 31, T31N, R21W). In conjunction with the
subdivision application, a request is also being made for a variance to
allow for a temporary private road access and a cul-de-sac street
exceeding 600' on the subdivision plat. The applicants propose to develop
27, one acre lots, and one outlot with the subdivision. The layout for
Bald Eagle Estates subdivision is primary access from 126th Street North
and Falcon Avenue extended. The developer intends to use the on-site
wetlands as the surface water storage area for the development in
question. It is the intent of the developer to service the lots in
question with sanitary sewer and streets/curb and gutter. Copies of the
preliminary plat were submitted to the Metropolitan Council for review and
no comments were made.
On February 24, 1988, a public hearing was held by the Planning Commission
to consider this request. During the public hearing, numerous residents
from Oakshore Pari: appeared and indicated their opposition to this
development because of the excess of traffic, speeding, and heavy
equipment that will be in the area during construction. The preliminary
plat has been submitted to the Rice Creek Watershed District and DNR for
their review and comment. The administrative staff from agencies have
indicated that they can see no major problems with the plans submitted;
however, as of the date of this memo (7/1/88)0 the Boards of these
agencies have not acted formally on the drainage plan. The applicant has
indicated he will conform to the recommendations of both agencies, and
that permits will be in hand prior to final plat approval. The applicant
has deposited with the city a check in the amount of $10,000.00 to cover
the admininstrative and engineering costs during the course of this
project. The developer has agreed to improve Falcon Avenue from 126th
Street North to 124th Street North at his expense with the understanding
that the city will use its parkland dedication fee from this project to
cover the cost of the Falcon Avenue improvement in front of the city park
within Lake Air Estates. The applicant is in the process of completing a
traffic survey of the area to demonstrate that the road design is capable
of handling the existing and projected traffic volumes within the project
and surrounding area. The Hugo Planning Commission unanimously
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City Council meeting of July 5, 1988
Page 5
recommended approval of the subdivision plat as submitted subject to
special conditions. Richard Granger, present at the meeting, stated that
at this time he has no special plans for Outlot A, but assured the Council
that the land would not be used as a "dumping site" and would be properly
maintained. Having received no objections from the audience to this
proposal, the following motion was made:
Vail made motion, Potts seconded, to approve the preliminary survey for
Richard Granger dba Birchwood Builders, for the subdivision of 43 acres
into 28 lots located west of Highway 61 and north of Lake Air Estates (the
E 1/2 of the SW 1/4 of the NE 1/4 of Section •31, T31N, R21W, and the SE
1/4 of the NE 1/4 lying westerly of the railroad right-of-way in Section
31, T•31N, R21W); approval of 2 variances, one to allow for a private road
access and the other variance to allow for a 720 foot cul-de-sac rather
than the required 600 feet. Approval is subject to the applicant entering
into a Developer's Agreement with the City of Hugo, and subject to the
following special conditions:
1. All fees relatinq to the subdivision shall be paid by the applicant
including the cost of recording documents with Washington County.
2. Developer secure any required approval and permits from the Department
of Transportation for the improvement of 125th Street from Falcon
Avenue to Highway 61.
3. Developer pay a fee in lieu of parkland dedication at the time of
final plat approval.
4. All utilities and other improvements must be installed as per city
design requirements and the cost of all on-site improvements be borne
by the developer.
5. All utilities and improvements shall become a part of the city system,
but must be maintained by the developer until all improvements are
complete and accepted by the city.
6. Stormwater holding ponds and ditches must be approved by the watershed
district and maintained by the property owner with the method of
maintenance to be reviewed by the city engineer.
7. Outlot A shall not be developed until such time a public roadway and
utilities are extended to serve said lot and dedicated to the City.
8. The internal roadway system shall be of a bituminous surfacing with
the installation of curbing and approved stormwater drainage.
9. All lots on site must be serviced by the city's sanitary sewer.
10. Street lighting shall be installed by NSP at the developer's expense.
11. All interior roadway signs shall be paid for by the developer.
12. Mailbox locations shall be approved by the United States Postal
Service.
13. Developer shall improve Falcon Avenue from 126th Street to 124th
Street North.
14. A utilities plan be submitted for the city engineer's review prior to
approval of the final plat.
15. The DNR shall review the treatment of the protected wetlands on site
prior to final plat approval.
16. Developer shall deposit with the city a certified check::, in an amount
to cover initial costs incurred by the city for engineering review,
legal review, and administration of this request. The developer shall
pay any costs incurred, and the city shall reimburse the developer any
remaining funds to cover staff review ($10,000 recommended amount).
City Council meeting of July 5, 1988
Page 6
17.
A copy of all as -built drawings for utility installation must be
recorded within •?0 days of construction completion with the city
clerk;.
18.
Developer shall reimburse the city for costs incurred for engineering
inspection during the course fo utility and roadway construction.
19.
Restrictive covenants shall address maintenance and activities in
the
protected wetlands that extend onto the state recognized wetlands
area. Restrictive covenants shall also prohibit the construction
of
fences, buildings, or other vegetation in easements or wetlands.
20.
Developer shall install one tree per lot of a minimal size within
the
subdivision development as per subdivision regulations.
21.
Approved driveways or drainage ways must include the installation
of a
minimum 15" diameter corrugated metal culvert in a manner acceptable
to the city.
22.
No significant deviations from the approved preliminary plat shall
be
made unless reviewed by the Planning Commission.
23.
Developer shall be responsible for the improvement and completion
of
the ditch system at the time of utility installation unless an
underground system is installed.
All aye. Motion Carried.
AMENDED SPECIAL USE PERMIT (W. HARRIS)
Mr. Wilbur Harris has made application to the City of Hugo to amend a
Special use permit issued in November, 198•_x, for the operation of a
liquor/restaurant establishment at 17265 Forest Boulevard North, Hugo,
Minnesota. Item No. 6 of the previous special use permit requires that
whenever there is a band or a disco -type operation on site, there shall be
a uniformed peace officer on duty. Mr. Harris has requested that this
condition of the special use permit be modified or deleted. The property
in question is zoned Retail Business, and the type of activity conducted
on site is permitted in such zoning district by special use permit. In
reviewing this request, the Washington County Sheriff's Department has
indicated that they have had no problems with the Texan Bar, and would not
oppose modifying the language in the special use permit dealing with
on-site law enforcement officers. Mr. Len McLaughlin appeared before the
Planning Commission on June 22, 1988, and stated that since Mr. Harris
took over the Texan Bar on December, 1987, there have been no calls to the
sheriff's department warranting a police officer on site. He also stated
that he had no objections to requiringa licensed officer on site when
there are major events attracting alot of patrons to the Texan Bar. He
did exhibit concern, however, that he is now required to have an officer
on premises even if he has nothing more than a band and 20 or 30 people in
the establishment. The Planning Commission recommended approval of an
amendment to the Special Use Permit modifying the language in Item #6 of
the previously issued permit stating as follows: "Whenever there is a fee
event on site, there shall be a uniformed peace officer, holding a valid,
full-time Minnesota peace officer license on the premises, and this
condition could be modified to include dances and disco -type events if
deemed necessary by the Washington County Sheriff for crowd -control
purposes.
City Council meeting of July 5, 1988
Page 7
Potts made motion, Peltier seconded, to approve the application of Mr.
Wilbur Harris to amend a special use permit issued in November, 198-, for
the operation of a liquor/restaurant establishment at 17285 Forest
Boulevard North, by modifying the language in Item #b of the previously
issued permit stating as follows: "Whenever there is a fee event on site,
there shall be a uniformed peach officer, holding a valid, full-time
Minnesota peace officer license on the premises, and this condition could
be modified to include dances and disco -type events if deemed necessary by
the Washington County Sheriff for crowd -control purposes.
All aye. Motion Carried.
AMENDED SPECIAL USE PERMIT (HANSEN/GOIFFON GRAVEL PIT)
Mr. Elmer Hansen and Mr. Andrew Goiffon have made application to the City
of Hugo for an amended special use permit for the operation of a gravel
pit in the City of Hugo. The property in question is zoned agricultural,
and has been operated as a gravel pit prior to Oneka Lake Township's
consolidation with the City of Hugo in the early 1970's. Said property is
described as follows: The NE 1/4 of the SW 1/4 of Section 23, and the NE
1/4 of the SE 1/4 of Section 22, and the SW 1/4 of the NW 1/4 of Section
23, all in T31N, R21W, Washington County, Minnesota. Eighty (80) acres of
the 120 acre tract of land in question has been regulated by the city
through the mining permit process dating back: to 1972. Gravel pits are
permitted uses in an agricultural district by special use permit. In
reviewing the August 13, 1987 report to the city engineer, it would appear
that the gravel pit has been operating within the scope of its mining
permit and previously issued special use permits. This request to expand
the scope of the special use permit by adding an additional 40 acres to
the gravel pit site received opposition from the surrounding neighborhoods
at the Planning Commission hearing on June 22, 1988. On June 29, 1988,
the city received notice from the Minnesota Environmental Quality Board
that a petition has been received requesting that an environmental
assessment worksheet be prepared on the project in question. The Hugo
Planning Commission unanimously recommended denial of the special use
permit based. on environmental concerns and the fact that this expansion
would extend the gravel pit closer to the residential neighborhood to the
west.
Mr. Bryan Crawford, attorney for Mr. Schuh and the property owners, was
present and addressed Mr. Schuh's request for a 40 acre increase in the
size of the mining operation stating that there will be no increase in
traffic or noise, and that the level of operation will remain the same.
He stated that Mr. Schuh was willing to consider a compromise in the pit
expansion.
Bob Malaski, Cookie Haas, and Tom Pareigat, residents living near the
mining operation, requested that the city deny the application for a 40
acre increase in the mining operation.
Potts made motion, Olson seconded, to deny the application of Mr. Elmer -
Hansen and Mr. Andrew Goiffon for an amended special use permit to expand
the operation of a gravel pit by 40 acres on the following described
S Z
City Council meeting of July S, 1988
Wage 8
property: the NE 1/4 of the SW 1/4 of Section 23, and the NE 1/4 of the
SE 1/4 of Section 22, and the SW 1/4 of the NW 1/4 of Section 23, all in
T31N, R21W, Washington County, Minnesota. Denial of he application is
based on the following findings:
1. Encroachment toward the residential area along Hyde Avenue.
2. Additional traffic and noise potential from the gravel pit activities.
3. Lack of studies addressing potential increase in groundwater and noise
pollution.
4. Safety concerns of area residents regarding increased truck:: traffic.
S. Loss of quietude for nearby residents.
6. Pit expansion closer to residential area could have negative effect on
values of property and scenic views in the surrounding area.
VOTING AYE: Olson, Potts, Vail, Atkinson
VOTING NAY: Peltier
Motion Carried.
MINING PERMIT RENEWAL (R. SCHUH)
Mr. Richard Schuh has made application to the City of Hugo for a mining
permit to operate a gravel pit and bituminous manufacturing operation west
of Irish Avenue and south for 147th Street. The property in question is
zoned agriculture, and consists of approximately 120 acres as described as
the NW 1/4 of the SW 1/4 of Section 23, and the NE 1/4 of the SE 1/4 of
Section 22, and the SW 1/4 of the NW 1/4 of Section 23, all in T31N, R21W,
Washington County, Minnesota. Eighty (80) acres of the 1201 acre tract of
land in question has been regulated by the city through the mining permit
process dating back to 1972. The 1987-88 mining permit limits the
activities on site to stockpiling and hauling away stockpiled granular
material, specialized aggregate being hauled to the site, and stockpiling
recyclable asphalt as well as asphalt manufacturing. The Planning
Commission reviewed this permit request at their June 22,'1988 regular
meeting, and recommended approval of the mining permit for only the
original 80 acres licensed by the city previously, and that the said
approval be subject to additional special conditions.
1. Road repairs on Irish Avenue, as recommended by the city engineer, be
made by the applicant at his expense.
2. An on-site monitor be provided by the city during the period that the
bituminous manufacturing is taking place, and that the bituminous
manufacturing permit holder deposit with the city a $2,000.00 check to
compensate for monitoring services provided.
a. A mining permit be issued as required by ordinance and the next public
hearing on this matter be held in July, 1990 unless, however,
violations of the mining permit are such that warrant possible
revocation of the permit.
City staff would recommend that whatever action is taken by the City
Council on this matter, it be consistent with previous action taken
regarding the special use permit. If the City Council chooses to limit
the scope of the mining permit to the original 80 acres previously
OF,
City Council meeting of July b, 1988
Page 9
licensed by the city, city staff would recommend said action include the
additional special conditions recommended by the Planning Commission.
Mr. Richard Schuh requested that the City Council consider his request for
a mining permit for only the original 80 acres as previously granted.
Atkinson made motion, Vail seconded, to approve the application of Richard
Schuh for a mining permit to operate a gravel pit and bituminous
manufacturing operation west of Irish Avenue and south of 147th Street on
the following described property: The NW 1/4 of the SW 1/4 of Section 273,
and the SW 1/4 of the NW 1/4 of Section 23, all in T31N, R21W, Washington
County, Minnesota. Approval is subject to the addition of the following
three (3) conditions and amendments to the previously approved mining
permit:
1. Road repairs on Irish Avenue, as recommended by the city engineer, be
made by the applicant at his expense.
2. An on-site monitor be provided by the city during the period that the
bituminous manufacturing is taking place, and that the bituminous
manufacturing permit holder deposit with the city a $2,000.00 check to
compensate for monitoring services provided.
+. A mining permit be issued, as required by ordinances, and the next
public hearing on this matter be held in July, 1990, unless however,
violations of the mining permit are such that warrant possible
revocation of the permit.
All aye. Motion Carried.
RESOLUTION SUPPORTING 170TH STREET OVERLAY PROJECT
Washington County Public Works Department is requesting formai Council
support of the 170th Street overlay project from Highway 61 to Ingersoll
Avenue. The project, as proposed, will provide for a bituminous surface
with 12 feet of driving lane and 8 feet of shoulder on both sides of the
centerline of 170th Street. Because of the federal funding involved in
this project, the Council's support of said project is required.
Atkinson made motion, Peltier seconded, to adopt RESOLUTION 88-30,
RESOLUTION SUPPORTING THE 170TH STREET OVERLAY PROJECT FROM HIGHWAY 61 TO
INGERSOLL AVENUE.
All aye. Motion Carried.
MISCELLANEOUS
City Administrator Huber noted that the City Hall parking lot improvements
previously authorized by the City would be done this month at an estimated
cost of $3,300.
City Council meeting of July S, 1988
Page 10
Mayor Atkinson directed the city staff to publish a notice in the Forest
Lal. -:e Times for a hearinq to be held by the City Council on August 1, 1988
at 7:00 PM, to consider why the City of Hugo should not revoke the Auto
Dismantling License of Roger Depaul dba Modern Auto Parts.
Vail made motion, Peltier seconded, to adjourn at 9:10 PM.
All aye. Motion Carried.
Mary Creager, City rk
City o Hugo