HomeMy WebLinkAbout1988.11.07 CC MinutesThe meetinq was called to order by Mayor Atkinson at 7:01 PM.
PRESENT: Olson, Peltier, Potts, Vail, Atkinson
City Administrator, Ken Huber
City Engineer, Howard Kuusisto
City Clerk, Mary Ann Creager
Peltier made motion, Vail seconded, to approve the minutes for October 17,
1988 as submitted.
All aye. Motion Carried.
Potts made motion, Peltier seconded, to approve the General Claims for
November 7, 1988 in the amount of $23,000.35.
Olson made motion, Peltier seconded, to approve the Utility Claims for
November 7, 1988 in the amount of $5,820.11.
All aye. Motion Carried.
On behalf of GPR and ERA, Inc., Mr. Michael Schleifer, 17205 No. Forest
Boulevard has made application to the City of Hugo for site plan approval
to construct a 32' X 32' commercial building in an RB zone. The property
in question currently accommodates the Blacksmith Lounge and a
non -conforming residential use on site. Because residential uses are not
permitted in RB zones, city staff informed Mr. Schleifer that additional
residential structures on site are not permitted. Mr. Schleifer has
assured the city that the structure in question will be commercial in
nature, and will directly relate to the activities taking place at the
Blacksmith Lounge' Based on Mr. Schleifer's statements and the submitted
site plan, it appears that the proposal in question is in conformance with
the city zoning regulations. The building meets proper setbacks and size
requirements and has been reviewed by the city building.inspector.
Potts made motion, Peltier seconded, to approve the site plan for Mr.
Michael Schleifer, on behalf of GPR and ERA, Inc', 17205 Forest Boulevard
North, for the construction of a 32' x 32' commercial building in an RB
zone. The property is generally described as part of the SE 1/4 of
Section 5, T31N, R21W in the City of Hugo. The building to be constructed
shall be commercial in nature, and will directly relate to the activities
taking place at the Blacksmith Lounge.
All aye. Motion Carried.
Mrs. Mary Hardwick and James Genin have made application to the City of
Hugo for site plan approval to put a 20' X 25' addition on the existing
commercial structure at 14687 Forest Boulevard in the City of Hugo. The
property in question is zoned concentrated business and the site is
approximately .7 acres in size. The applicants propose to provide
City Council meeting of 11/7/88
Page 2
additional parking on the bituminous surface to the rear of the building
which appears to be more than adequate for this site. The proposal
appears to meet the city zoning requirements with regard to size and
setbacks. The applicants will be required to meet all building code
requirements for this addition' Based on the input provided by the
applicant and the enclosed site plan, the city staff can see no objection
to this proposed business expansion reflected in the application.
Vail made motion, Peltier seconded, to approve the site plan for Mary
Hardwick and James dba Country Video, 14687 Forest Boulevard, for the
construction of a 20' x 25' addition on the existing commercial
structure. The property is generally described as part of the NE 1/4 of
the NW 1/4 of Section 20, T31N, R21W.
All aye' Motion Carried.
VARIANCE REQUEST (LESSARD)
Rick and Jody Lessard have made application to the City of Hugo for a
variance to construct a 26' X 36' pole barn/garage on their property
between the existing residential dwelling and 125th St. The proposed
building will be located in the southeast corner of the site approximately
75' from 125th St. and 70' from the east property line. This matter was
reviewed by the Hugo Board of Zoning Adjustments October 26, 1988, and t1 -
board recommended approval of the request subject to two special
conditions: 1) applicant plant five evergreens 5 feet in height between
the road and the proposed building for screening in a location to be
approved by the city, and 2> any commercial use of the building will not
be permitted, and the building shall be for residential use (personal
storage) only. If the city council approves this variance, city staff
recommends that it be subject to the conditions recommended by the Board
of Zoning Adjustments '
Councilman Potts stated that, in his opinion, there was a better building
site on the property than where the applicant has proposed construction,
and questioned the "hardship" required for the variance approval. He also
noted the number of commercial vehicles/equipment located at the Lessard
residence, and questioned whether the accessory structure would be used
specifically for residential use only. Mr. Potts also felt that the
structure would not "fit in" with the Dellwood Ridge development to the
south of the Lessard property.
Mr. Lessard was present at the meeting and stated that he would move the
proposed building to the east and further back on his property to be even
with or behind the building setback of his residence. Mr. Lessard also
stated that he owns property in Centerville that is used as storage for
equipment related to his business, and that it was only because of
laziness that business-related equipment was stored on his property. He
reaffirmed his statement that the proposed building would be used for
residential use only and no commercial activities would take place on
site.
Mr. Lessard will now need a variance for building size only. The SFE zone
allows for accessory storage of 640 square feet and the proposed building
City Council meeting of 11/7/88
Page 3
is 936 square feet in size (26 x 36). A revised site plan indicating the
new building location will be submitted by Mr. Lessard.
Atkinson made motion, Potts seconded, to approve the site plan and
variance for Rick and Jody Lessard, 7342 125th Street, for the
construction of a 26' x 36' (936 square feet) pole barn/garage exceeding
the allowed 640 square feet allowed in the SFE zone' Commerical use of
the building will not be permitted, and the building shall be for
residential use (personal storage) only. The property is generally
described as part of the W 1/2 of the NW 1/4 of Section 34, T31N, R21W,
Washington County, Minnesota.
All aye. Motion Carried.
SPECIAL USE PERMIT (FLEISCHMAN/VACINEiLl
Mr. Dennis Fleischmann, Dora Lee, and Kevin Vacinek have made application
to the City of Hugo for a special use permit to build and operate a
concrete ornament manufacturing business in an industrial district. The
property in question is one acre in size and is located south of 165th St.
west of Highway 61. It is the applicants' intent to construct a 36' X 66'
building for the manufacturing of products and provide for customer
parking, exterior storage, and a customer-display area. The building in
question will be served by on-site well and septic system as well as
telephone, electrical service, and LP gas. The site plan indicates that a
6' chainlink fence will be constructed to secure the east, south, and west
borders of the site in question. The north border of the site will be
secured by an existing fence. The use of the property in question as
proposed by the applicant appears to be consistent with the intent of the
city's zoning ordinance regarding industrial zones. The planning
commission recommended approval of the special use permit as submitted
subject to special conditions.
Potts made motion, Peltier seconded, to approve the special use permit for
Dennis Fleischmann, Dora Lee, and Kevin Vacinek to buili and operate a
concrete ornament manufacturing business in an industrial district. A 36'
x 66' building is to be constructed for the manufacturing of products.
The property in question is described as Parcels B and C of Certificate of
Survey approved by the City Council on 4/21/86. Approval is subject to
the following special conditions:
1. Security lighting on site be designed such that it will not create
glare or hazardous driving conditions for motor vehicles operating on
165th St'
2. Exterior storage on site, other than the customer display area, be
properly secured and screened from the adjacent properties and Highway
61.
3' The site in question be developed as per the site plan.
4. All advertising on site be consistent with the city sign ordinance'
5. All customer and employee parking be located as shown on the approved
site plan.
6. All driveways built over ditches or drainage areas must include the
installation of 15" diameter corrugated metal culvert installed in a
manner acceptable to the city building inspector.
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City Council meeting of 11/7/88
Page 4
7, The site must be policed and maintained on a regular basis with regar'
to litter and on-site nuisances.
8. No significant deviations from the approved site plan shall be
permitted unless reviewed by the planning commission and city council
followed by an amended special use permit.
9. Property lines must be identified on site by the petitioner to assure
proper setbacks when buildings are constructed'
10. Any driveway permits requiring access to city or county roads must be
secured prior to any on site construction.
11. No fences, structures, or vegetation may be placed in on-site
easements.
12. All activities on site shall not cause the altering of any watercouse,
ditch, or drainage system.
13' Regular trash and refuse removal must be provided and utilized on a
regular basis.
14. No materials, equipment, chemicals, or other items related to the
manufacturingof these lawn ornaments may be buried on site without
notifying the city and Washington County Dept' of Public Health'
15. The property owner shall permit reasonable access to the referenced
site for periodic inspection by the city to assure conformance with
the SUP. All activities on site must be in conformance with city
codes and ordinances.
16. All manufacturing to take place inside building and all wastes will be
disposed of on a regular basis at approved landfill'
17. Failure to comply with the conditions of this special use permit shal
be grounds for revocation of same'
All aye' Motion Carried.
MINOR SUBDIVISION (PELOQUIN INDUSTRIAL PARK
Vern and Marie Peloquin have made application to the City of Hugo for a
minor subdivision for the purpose of creating a parcel of land adjacent to
Peloquin Industrial Park in an Industrial zone. The property in question
is generally described as a 1.7 acre tract located in that part of the
W 1/2 of the SW 1/4 of Section 17, T31N, R21W, Hugo, Minnesota' The
Peloquin Industrial Park has a confusing history, and the city staff has
spent considerable time trying to recreate the piece -meal subdivision of
this industrial area. Dating back to 1974, Mr. Vern Peloquin has
subdivided various tracts of an industrial -zoned area of land on a
lot -by -lot basis, which has resulted in the creation of what is now known
as the Peloquin Industrial Park. All of the minor subdivisions have been
done by Mr. Peloquin with the exception of the plat of Husnik's Industrial
Park which consisted of five lots that were subdivided by formal plat.
The park in question has gravel roads and no municipal sewer or water'
Because of the manner in which this land was subdivided, a formal plat was
not created, therefore, the requirements of the formal platting process
were not adhered to. All sites under 5 acres in size were not reviewed by
the Rice Creek Watershed District and, therefore, much of this developmen'
occurred without their input. In 1981, the city received a letter from
the watershed district indicating that any further subdivision in the
Peloquin Industrial Park, regardless of the lot size, must be submitted to
the district because of the potential impact on Clearwater Creek,
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City Council meeting of 11/7/88
Page 5
Mr. Vern Peloquin submitted a letter indicating why he is requesting
waiver of the formal platting requirements and subdivision of this 145' X
520' lot by minor subdivision. In reviewing Mr. Peloquin's initial
request, the staff strongly recommended that this subdivision be done by
formal plat to include other unplatted acreage owned by Mr. Peloquin
within the industrial area. Although Mr. Peloquin notes in his September
23, 1988 letter that there is no more land available, Mr. Peloquin does
own several tracts of land identified on the composite map that have not
been subdivided to date. Mr. Peloquin has chosen however, to again
subdivide his property by minor subdivision and continue the piece -meal
development approach in this area. It is extremely difficult to evaluate
this parcel as it has developed without the typical plat amenities because
of the minor subdivision approach. Mr. Peloquin stated that he has
secured approvals from all the appropriate governmental agencies for his
earlier minor subdivisions. He stated the reason Rice Creek Watershed
District won't approve his proposals is because they want easements over
Clearwater Creek and he won't give them to the watershed district. The
planning commission recommended against waiver of the formal platting
requirements, and indicated that if Mr' Peloquin prepared a preliminary
plat reflecting the use of all of his undeveloped property in the
industrial zone, and compliance with RCWD requirements, they would support
the subdivision of this property by the formal platting procedure. If the
City Council wishes to approve the subdivision as proposed by minor
subdivision, then city staff would suggest that the approval be subject to
certain special conditions.
Potts made motion, Peltier seconded, to approve the preliminary survey for
Vern and Marie Peloquin to create a parcel of land adjacent to Peloquin
Industrial park in an industrial zone, and waiver of the formal platting
requirements. The property is generally described as a 1.7 acre tract
located in that part of the W 1/2 of the SW 1/4 of Section 17, T31N, R21W,
Hugo, Minnesota. Approval is subject to the following conditions being
met -
1. The final survey be submitted to the city council within 90 days, and
the survey incorporate the recommendations of the staff, Rice Creek
Watershed District, and other governmental agencies or this approval
shall be null and void.
2. The preliminary survey will not be submitted to the council until all
legal, engineering, and staff recommendations have been incorporated
into the survey.
3. All fees relating to this subdivision shall be paid by the applicant
including the cost of recording the documents with Washington County'
4. The developer shall pay a fee in lieu of parkland dedication at the
time of final survey approval.
5. A drainage plan, including 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.
6. Approved driveways or drainageways must include the installation of a
minimum 15" diameter corrugated metal culvert acceptable to the city
if required by the city building inspector.
7. All applicable conditions of the preliminary survey must be met prior
to approval of the final survey by the city council.
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City Council meeting of 11/7/88
Page 6
8' The developer shall secure Rice Creek Watershed District approval of
their on-site drainage plan prior to preliminary survey submittal to
the city council.
9' Percolation test must be completed on the site and must be submitted
to the city prior to final survey approval.
10. The lot lines within the subdivision must be identified to determine
proper setbacks if required by the building inspector.
11. All on-site improvements in the development within the industrial area
will be subject to site plan review by the city council.
12. Existing or required on-site easements shall be reflected on the
certificate of survey and recorded by proper instrument with the
Washington County Recorder's Office.
13. The applicant convey by deed the necessary easements along and over
Clearwater Creek to the RCWD as recommended by same.
VOTING AYE: Peltier, Potts, Vail
VOTING NAY: Olson, Atkinson
Motion Carried.
Potts made motion, Vail seconded, that any further subdivision of the
industrial property north of 152nd Street, and adjacent to the Peloquin
Industrial Park, shall be by formal platting only.
All aye. Motion Carried'
REZONING REQUEST (FRED MACALUS)
Mr. Fred Macalus has made application to the City of Hugo for the rezoning
of a 12'6 acre tract of land from conservancy to agricultural. The
property in question is located west of Foxhill Avenue approximately 1400
feet south of 180th. The rezoning in question would allow for subdivision
of the property into 3 parcels, one consisting of 42'74 acres and the
others of 9.9 and 9.8 acres. Currently tracts A and C.are in two
different zoning districts, and it is the applicant's intent to have both
of these tracts zoned agricultural. Mr. Macalus had applied for a
rezoning of the entire tract to agricultural at an earlier date and the
planning commission recommended denial of the rezoning. Mr. Macalus has
revised his request in an effort to clear up the mixed zoning problems and
allow for the conveyance of tract C in a manner acceptable to the mortgage
company. The area located north of tract C is currently zoned
agricultural and the area south of tract C will remain conservancy.
The Hugo Planning Commission recommended approval of this rezoning
request.'
Potts made motion, Peltier seconded, to adopt ORDINANCE 88-251, AN
ORDINANCE AMENDING CHAPTER 320 OF THE HUGO CITY CODE ENTITLED "ZONING" BY
AMENDING THE ZONING DISTRICT CLASSIFICATION OF THE DESCRIBED REAL
PROPERTY'
VOTING AYE: Olson, Peltier, Potts, Vail, Atkinson
Motion Carried.
City Council meeting of 11/7/88
Page 7
NORTH HILLS SUBDIVISION (C RIL )
Cyril and Catherine LaCasse have made application to the City of Hugo for
the subdivision of a 53 acre tract of land into five 10 acre lots' The
property in question is generally described as that part of the N 1/2 of
the NW 1/4, Section 30, T31N, R21W, Washington County, Minnesota lying
north of the south 990' thereof and which also lies east of the center
line of Elmcrest Avenue as traveled; also the SE 1/4 of the SW 1/4 of
Section 19, T31N, R21W, Washington County, Minnesota. This property is
zoned agricultural requiring a minimum ten acre lot size. The applicants'
are requesting a variance to delete curb and gutter from the roadway
installation, as well as allowing for a 1650' temporary cul-de-sac. The
Hugo Planning Commission held a public hearing on this request August 24,
1988 at which time the commission recommended approval of said
subdivision. Mr. Greg Kopischke, representing Mr. LaCasse, indicated that
the applicants are in the process of having the blanket easement across
Mr. LaCasse's property reduced to 66' in width. It was pointed out at the
meeting that the sanitary sewer force main located on the property in
question would not be available for residential hookup as currently
designed. The required permit from Rice Creek Watershed District has been
approved and the applicants are forwarding the city copies of the erosion
control plan and stormwater computation as referenced in RCWD Permit
#88-171'
Vail made motion, Potts seconded, to approve the preliminary plat for
Cyril and Catherine LaCasse for the subdivision of 53 acres into five 10
acre lots. The property in question is generally described as that part
of the N 1/2 of the NW 1/4, Section 30, T31N, R21W, lying north of the
south 990' thereof and which also lies east of the center line of Elmcrest
Avenue; also the SE 1/4 of the SW 1/4 of Section 19, T31N, R21W, and
subject to the following special conditions:
1' A final plat must be submitted to the city council within 90 days of
the Council's approval, and the revised plat incorporate the
.
recommendations of the staff, Rice Creek Watershed District, and other
governmental agencies.
2' All fees relating to the subdivision shall be paid by the applicant
including the cost of recording documents with Washington County'
3' Developer shall pay fee in lieu of parkland dedication at the time of
final plat approval ($875.00).
4. All street improvements shall be installed as per city design
requirements and the cost of all on-site improvements shall be borne
by the developer.
5' A drainage plan, including all holding ponds and ditches, must be
approved by the watershed district and maintained by the property
owner with a method of maintenance to be reviewed by the city
engineer.
6' Internal roadway systems shall be of bituminous surfacing with
installation of curbing and approved stormwater drainage as approved
by the city engineer.
7. All interior roadway signs shall be paid for by the developer.
8. Mailbox locations shall be approved by the United States Postal
Service'
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City Council meeting of 11/7/88
Page 8
9. Developer shall deposit with the city a certified check, in the aL
of $2,500.00, to cover the costs incurred for city engineer and legal
review, and administration of this subdivision request. Developer
shall pay any costs incurred, and the city shall reimburse the
developer any remaining funds when the project is complete.
10' The developer shall reimburse the city for costs incurred for
engineering inspection during the course of roadway construction.
11. Developer shall install one tree per lot of a minimal size within the
subdivision development as per the city regulations.
12. Approved driveways or drainage ways must include the installation of s
minimum 15"diameter corrugated metal culvert acceptable to the city if
required by the city building inspector.
13. All applicable conditions of the preliminary plat and development
agreement must be met prior to approval of the final plat by the city
council.
14. The developer shall secure Rice Creek Watershed District approval of
their on-site drainage plan prior to preliminary plat submittal to the
city council.
15. Developer shall enter into a development agreement with the city as
required for a development of this nature. The developer shall
deposit with the city cash or a letter of credit equal to 125% of the
cost of installing the bituminous roadway to service this subdivision.
16. Percolation tests must be completed on each of the buildable lots a--4
must be submitted to the city for review prior to final plat approy
17. Appropriate treatment of roadway ditch flows at east property line
reflected in the final grading plan.
18. Appropriate temporary easement be granted to the city for maintenance
of cul-de-sac.
All aye. Motion Carried'
FIRE_DEPARTMENT PERSONNEL RECOMMENDATIONS
The Hugo Fire Chief, Ron Istvanovich, has recommended that Greg Peltier,
Robert Andre, and Mark Olson be dropped from the Hugo V' lunteer Fire
Department. Reasons for said recommendation are outlined in the submitted
recommendation of the chief.
Atkinson made motion, Potts seconded, to accept the recommendation of the
Hugo Fire Chief and drop the following personnel from the Hugo Fire
Department effective immediately: Greg Pelletier, Robert Andre, and Mark
Olson.
SALE OF SURPLUS PROPERTY
The city has several items in city hall that are no longer being used and
should be disposed of. City staff is requesting council authorization to
dispose of the abandoned/surplus property identified in the submitted
resolution'
Atkinson made motion, Olson seconded, to adopt RESOLUTION 88-50,
RESOLUTION AUTHORIZING THE SALE OF SURPLUS AND ABANDONED PROPERTY.
VOTING AYE: Olson, Peltierr, Potts, Vail, Atkinson
Motion Carried.
City Council meeting of 11/7/88
Page 9
The city has received notice that both Joseph Card and Clara LeTourneau
have filed appeals from their assessments for the improvement of Ingersoll
Avenue east of Sunset Lake. City staff is requesting that the council
designate the city attorney to represent the city regarding these cases,
and authorize the city staff to secure the necessary information and
appraisals to defend the city's position.
Atkinson made motion, Olson seconded, that the City of Hugo designate
Charles Johnson to serve as it's legal counsel in the Ingersoll assessment
appeal.
All aye. Motion Carried.
BALD EAGLE SPORTSMAN ASSN PERMIT REVIEW
On behalf of the Bald Eagle Sportsman Club, Mr. Art Timm has requested
that the council conduct its annual review of BESA'S permit. Mr. Timm,
representing the BESA, has indicated that there will be no modifications
requested in the existing permit' The permit was reviewed by the planning
commission at their meeting of October 26, l988, and in so doing,
indicated that they had no objections to the renewal, and stated that they
feel an annual review is not necessary unless the permit has been violated
or is going to be modified. City staff suggests that the council consider
a bi-annual review, or some language to the effect that the permit will
remain the same unless there are violations of the permit or a request for
modifications.
Atkinson made motion, Peltier seconded, to renew the Special Use Permit
for the Bald Eagle Sportsman Assn with the recommended modifications.
All aye. Motion Carried.
MISCELLANEOUS
City Administrator reported on the following:
1. Board of Cahvass to be held Thursday, November 10, 1988'
2' Planning Commission will meet Tuesday, November 22, 1988 rather than
the 23rd because of the Thanksgiving.
3- City of Hugo will be repairing portions of Elmcrest Avenue where
hazardous conditions exist'
Councilman Bob Olson directed the code enforcement officer, John Benson,
to review the special use permit issued to Tom Frampton to make sure that
conditions on site are consistent with the permit conditions and report
findings to the City Council.
Councilman Potts listed numerous dates on which Rick Flanagan has parked
the hydro -seeder on his property on 175th Street. He will submit
information to the code enforcement officer at a later date.
City Council meeting of 11/7/88
Page 10
Councilman Vail suggested the city inspect the parking lot, sidewalk, and
right-of-way adjacent to Nadeau's, Carpenter's, and the Hugo Post Office
because of the dangerous condition. Howard Kuusisto will check with the
MNDOT to determine what is in the plans for Highway 61 and what their
participation in any improvements would be.
The City Council authorized one additional personal leave day off, with
pay, in 1988 to all of its regular staff and noted the outstanding
performance of the staff during the 1988 calendar year.
Olson made motion, Atkinson seconded, to adjourn at 9:05 PM.
All aye. Motion Carried.
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Mary Creager. City rk-
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