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HomeMy WebLinkAbout1987.06.01 CC Minutes65 The PRE Cit Cit MINUTES OF THE PROCEEDINGS OF THE HUGO CITY COUNCIL June 1, 1987 meeting was called to order by Mayor Atkinson at 7:00 PM. NT: Peltier, Potts, Olson, Vail, Atkinson Attorney, Charles Johnson Administrator, Ken Huber on made by Vail, Peltier seconded, to approve the minutes of May 18, 1987, as itted. All1aye. Motion Carried. Mot lon made by Peltier, Vail seconded, to approve the General Claims for June 1, 1987, in 4he amount of $93,131.38 All Mot: in i All 7.A aye. Motion Carried. .on made by Vail, Peltier seconded, to approve the Utility Claims for June 1, 1987, :he amount of $3654.59. aye. Motion Carried. Request for Subdivision of Land (Harley Johnson) Mr. Harley E. Johnson has made application to the City of Hugo for a minor subdivision of land and waiver of subdivsion requirements to divide a 20 acre tract of land into two buildable lots in a RR1 zoning district. The property in question is generally described as part of the SE4 of the SE4 of Section 19, T31N, R21W, lcoated north of 140th Street North and west of Fenway Avenue. The preliminary survey and request for waiver offormal subdivision requirements was recommended by the Planning Commission and subsequently approved by the City Council. A final survey has been completed ide tifying Tracts B and C of certificate of survey #6-1-87. Said survey does conform to the preliminary survey previously approved by the Council. We would rec mmend approval of the survey subject to the special conditions previously reviewed by the Council and agreed upon by the applicant. #6-1-87 Motion made by Vail, Peltier seconded, to approvecertificate of survey/for the Harley E. Johr son subdivision and waiver of the formal platting procedure for the following desAribed parcel of land (that part of the SE4 of the SE4 of Section 19, T31N, R21W, locted north of 140th Street and west of Fenway Avenue). Approval is subject to the ollowing special conditions: 1. rroperty lines must be identified by the petitioner to assure proper building etbacks when buildings are to be constructed. 2. ny commercial or industrial use of said property, not specifically permitted in he zoning district by the city zoning ordinance, shall be prohibited. 3. All driveways built over ditches or drainage areas must include the installation of a minimum 15" corrugated metal culvert installed in a manner acceptable to the city building inspector. 4. No additional buildings will be permitted on the site until the required permits are secured from the appropriate watershed districts where applicable. M June 1, 1987 5. All fees relating to the review and issuance of this survey approval shall be paid by the applicant including the cost of recording this survey with Washington County. 6. Activities on site shall not cause the altering of any watercourse, ditch, or drainage system. All aye. Motion Carried. 7.B Septic System Verification Services Agreement As per Council direction, the city staff has been working with Washington County in an effort to develop an agreement that would permit the Washington County building officials's department to conduct on-site septic system verification with- in the corporate limits of the City of Hugo. The City Administrator has reviewed this agreement and finds no objections to the arrangements provide for therein. The county will be providing this service on an on-call basis for residents of the city who are selling their property or are applying for refinancing. The county will be responsible for all paperwork and have jurisdiction over the systems they inspect. Motion made by Potts, Vail seconded, authorizing the Mayor and City Clerk to execute the Agreement for Septic Sewage System Vertification between the City of Hugo and Washington County. All aye. Motion Carried. 7.0 Building Premises Identification (Proposed Ordinance) As per Council direction, the city fire chief has been working on a proposed ordi- nance to require minimal standards for building identification in the City of Hugo. In the fall of 1986, the fire chief appeared before the Council and identified some major concerns regarding inability of public safety personnel to locate various homes and buildings in the City of Hugo because of inadequate building identification. Buildings are set back great distances from the roads, mailboxes are grouped together, and homeowners share driveways and private road easements making it virtually impossi- ble at times to locate various buildings in the city. When public safety personnel respond to emergencies, time is of the essence, and Chief Istvanovich feels that a mandatory building numbering system will cut minutes off of their response time in locating addresses while on route to an emergency. The only additions we might recommend to the ordinance is a requirement that no Certificate of Occupancy be issued until the ordinance is complied with and existing buildings be given six months to comply with this ordinance. The Council expressed their concern with the proposed ordinance in that it implies that identification would be necessary in two separate locations, and they felt identification would be required in only one location. Administrator Huber is to redraft the ordinance so that the language dictates identification residence/building by one visible method. Motion made by Atkinson, P(tltier seconded, to table the proposedtErdinance until the meeting of June 15th, or until Mr. Huber is ready to presentAvised draft toy the Council. All aye. Motion Carried. 7.D Application for Public Improvement (Homestead Drive/Sunset Lake) Pursuant to Minnesota Statute 429, resident on Homestead Drive, west of Sunset Lake, have made application for the installation of bituminous street surfacing on Homestead Drive between the north line of 125th Street and the south line of 67 June 1, 1987 130th Street pursuant to the Minnesota Public Improvement Code. The petition appears to satisfy minimum requirements for requesting this improvement. If the City Council wishes to pursue this request, the appropriate action would be to accept the petition and order preparation of a feasibility report by the city engineer. Dr. Robert Anderson, 12877 Homestead Drive, was present to review some comments/con- cerns/questions residents of Homestead Drive regarding this petition: residents would like the stretch of 125th Street from County Road 10 to Homestead Drive included in the project; residents agree that the assessment for the project should be shared equally per lot and not assessed by front footage, and they hoped the city could bear some of the cost of the 125th Street portion of the project. Dr. Anderson also stated that Dr. Claudon, Lot 18, was not interested in the project and blacktop would not have to be extended past his lot. Attorney Johnson mentioned that main- taining the small portion of the road that would remain gravel would not be very prudent. Administrator Huber stated that all these matters could be discussed at a later date. He also stated that under Chapter 429 you cannot expand on a project area once petitioned, but can reduce the size (comment relative to the inclusion of 125th Street in the project). Motion made by Atkinson, Potts seconded, to adopt RESOLUTION 1987-36, A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT FOR HOMESTEAD DRIVE/SUNSET LAKE PUBLIC IMPROVEMENT. All aye. Motion Carried. improvement of The Council then discussed the ordering of a feasibility study for/125th Street from County Road 10 to Homestead Drive to include in the Homestead Drive project. The city might have to bear the cost of the feasibility study should the project not materialize. Motion made by Atkinson, Vail seconded, to adopt RESOLUTION 1987-37, A RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT PROJECT FOR 130TH STREET AND 125TH STREET/SUNSET LAKE. VOTING AYE: Potts, Olson, Vail, Atkinson VOTING NAY: Peltier Motion Carried. 7.E Special Use Permit/Variance Request (Wm. Wunderlich) Mr. William Wunderlich has made application to the City of Hugo for a SUP to allow for construction of a 40' x 48' accessory building on his property in an agricultural district. The property consists of approximately 10 acres that is generally described as part of Section 14, T31N, R21W aka 15939 Ingersoll Avenue North. The total square footage of allowable accessory buildings in this zoning district is 3,600 square feet for lots less than 20 acres. This request by Mr. Wunderlich will allow for the construction of the building between the house and Ingersoll Avenue exceeding the 3600 sq ft limit. Mr. Wunderlich also needs a variance to place the building closer to the road than the principal building. Mr. Wunderlich operates a kennel on site, and the parking area is located nearer the road than the home. He indicated that constructing the building in question behind his home would interfer with the septic system and drainfield on site. At the Planning Commission meeting of 5/11/87, action was taken recommending approval of the SUP/variance subject to 13 special conditions. Mr. Wunderlich indicated he would have no problem complying with the conditions. This matter was considered by the City Council at their meeting of 5/18/87 at which time there was a 4/5's Council present. There was a motion for approval of Me. June 1, 1987 the requests followed:by a split vote, and the motion for approval failed. Because the requestsfor SUP/variance were not denied, the applicant was able to bring these matters before the Council for further consideration. Mr. Wunderlich provided the Council with a better site plan and a more detailed analogy for the need for the variance. Motion made by Peltier, Vail seconded, to approve the SUP and variance for William Wunderlich to allow for the construction of a 40' x 48' accessory building which would exceed the 3,600 square feet allowed, between the house and Ingersoll Avenue. The property is generally described as part of Section 14, T31N, R21W aka 15939 Ingersoll Avenue. The approval is subject to the following 12 special conditions: 1. Any and all conditions of this SUP must be met within 90 days, unless otherwise stipulated in this permit. If these conditions are not met,this permit will be null and void. 2. A building permit must be applied for within 120 days of permit approval, and substantial construction of any building or improvements must be underway within 120 days of permit issuance. 3. Property lines must be identified on site by the applicant to assure proper setbacks when buildings are to be constructed. 4. Any commercial or industrial use of said property, not specifically permitted in the zoning district by the city zoning ordinance, shall be strictly prohibited. 5. All driveways built over ditches or drainage areas must include installation of a 15" corrugated metal culvert installed in a manner acceptable to the city. 6. No building permits will be issued until the required permits are secured from the appropriate watershed district, where applicable. 7. No significant deviations from the approved site plan shall be permitted unless reviewed by the Planning Commission and City Council, followed by an amended SUP. 8. All fees relating to the issuance of this permit shall be paid by the appli- cant including the cost of recording this permit with Washington County. 9. Any exterior storage on site relating to activities of this SUP must be con- fined to a fenced area approved by the city. Said fencing to be constructed in a manner that will allow for screening from view of the general public. 10. No fences, structures, or vegetation may be placed in on-site easements. 11. Activities on site will not cause the altering of any watercourse, ditch, or drainage system. 12. Property owner will provide access to the site for periodic inspections to insure complaince with the SUP. VOTING AYE: Peltier, Olson, Vail VOTING NAY: Potts, Atkinson Motion Carried. 8.A Request for Minor Subdivision (DesLauries/Iverson) Messrs. Ron DesLauries and John Iverson have made application to the City of Hugo to subdivide a 34.82 acre tract of land in an agriculture zone into three lots. Mr. DesLauries has requested waiver of the formal subdivision requirements, and has indicated that the preliminary survey will be revised to reflect his request. The property in question is described as all that part of the SW4 of the NW1, Section 30, T31N, R21W, Washington County, Minnesota, lying easterly of the centerline of T June 1, 1987 Elmcrest Avenue as presently laid out and traveled. Mr. DesLauries has been directed to amend the certificate of survey deleting Tract A and Tract C and redefining tracts D and E for the final survey. The property in question was thought to have been property subdivided at an earlier date; however, records indicate that although the survey was prepared, it was never reviewed or approved by the city. The parcels in question meet the lot dimension requirements for an agricultural zone. The DesLauries' have been notified that they must have the RCWD review their survey and approve their plan for development prior to issuance of a building permit. At the May 27, 1987 Hugo Planning Commission meeting, action was taken unanimously recommending approval of the minor subdivision request, and waiver of formal subdivision requirements subject to special conditions agreed upon by the applicant. Motion made by Peltier, Potts seconded, to approve the preliminary survey for Ron DesLauries and John Iverson and waiver of the formal platting procedure for the following described property: all that part of the SW4 of the NW4, Section 30, T31N, R21W, Washington County, Minnesota, lying easterly of the centerline of Elmcrest Avenue as presently laid out and traveled. This approval is subject to the following special conditions: 1. A final survey be submitted to the City Council wihtin 90 days of preliminary survey acceptance or this approval shall be null and void. 2. All conditions must be met before stamping of any deeds for recording by the City Clerk unless otherwise permitted by Council action. 3. Property lines must be identified on site by the applicant to assure proper setbacks when buildings are to be constructed, if required by the building inspector. 4. Any commercial or industrial use of said property, not specifically permitted in this zone by the city zoning ordinance, shall be strictly prohibited. 5. Driveways or drainageways must include installation of minimum 15" diameter metal culverts in a manner acceptable to the city. Larger culverts may be required by the city engineer. 6. No building permits are to be issued until the required permits are secured from the appropriate watershed district. 7. All fees relating to this subdivision shall be paid by the applicant including the cost of recording documents with Washington County. 8. Any driveway permits requiring access to highways or county roads shall not be issued until permits are secured from Washington County or MNDOT. 9. Use of this property shall not be in violation of any existing restrictive covenants. 10. On-site activities permitted as a result of this subdivision will not cause the altering of any watercourse, ditch, or drainage system in this area. 11. Payment of parkland dedication fees shall be made at the time of final survey approval. 12. Soil percolation tests be completed and submitted for review prior to final survey approval. All aye. Motion Carried. 8.B Special Use Permit/Variance (Ron Gray) Ron and Brenda Gray have made application to the City of Hugo for a SUP and variance to allow for the construction of a 4' high cyclone fence on their property. Said 70 June 1, 1987 fence is to be located 14' from the 147th Street right-of-way and 44' from the Foxhill right-of-way. The property in question is zoned SFU, and is generally described as Lot 1, Block 1, Husnik's Two Inches subdivision aka 14740 Foxhill Avenue. Mr. Gray is also requesting a variance to allow for an 8' x 20' addition to his existing garage located off 147th Street. This request exceeds the 720 square foot garage requirement by approximately 160 square feet. Mr. Gray has indcated that the fence will help keep his children in his yard and off the road, and that the addition to the small garage will be used for personal storage. The only concern that the city staff has is the fence being constructed so as not to block visibility from Foxhill Avenue and 147th Street. At the May 27, 1987 Hugo Planning Commission meeting, action was taken to unanimously recommend denial of the request for an addition to Mr. Gray's existing garage, and unanimously recommend approval of the request to construct a 4' high cyclone fence 14' from the 147th Street right-of-way and 44' from the Foxhill Avenue right-of-way subject to special conditions. Motion made by Potts, Peltier seconded, to approve the request of Ronald and Brenda Gray for a variance to construct a 8' x 20' addition to his existing garage located off 147th Street at Foxhill Avenue. VOTING AYE: Peltier, Potts VOTING NAY: Olson, Vail, Atkinson Motion Failed. Motion made by Potts, Peltier seconded, to approve the request of Ronald and Brenday Gary for a SUP to construct a 4' high cyclone fence 14' from the 147th Street right-of-way and 44' from the Foxhill Avenue right-of-way, subject to the following special conditions: 1. Any and all conditions of the SUP must be met within 120 days unless otherwise stipulated in this permit. If these conditions are not met, the permit will be null and void. 2. A building permit must be applied for within 120 days of permit approval and substantial construction of any building must be underway within 120 days of permit issuance. 3. The property lines must be identified on site by the petiioner to assure proper building setbacks when buildings are to be constructed if required by the building inspector. 4. Any commercial or industrial use of said property, not specifically permitted in the zoning ordinance, shall be strictly prohibited. 5. All fees relating to the issuance of this permit shall be paid by the applicant including the cost of recording with Washington County. 6. All driveways requiring access to highway or county roads may not be con- structed until permits are secured from Washington County or MNDot. 7. No fences, structures, or vegetation shall be placed in on-site easements. 8. The property owner shall permit access to the referenced site for periodic inspections to insure conformance with the permit. All aye. Motion Carried. 8.0 Special Use Permit Review (Bald Eagle Sportsman Assn) In the spring of each year, the Hugo Planning Commission has typically reviewed the SUP and special conditions allowing for the continued operation of the BESA. 71 June 1, 1987 The property in question is located in the Ef of the SW4 of Section 33, T31N, R21W. Mr. Arthur Timm, representing the BESA, has requested that the SUP be amended rein- stating the use of blackpowder muzzleloaders up to 72 caliber, and amending Condi- tion #22 to read: "The BESA will absorb the cost to calcium chloride Goodview Avenue approximately 8/10's of a mile one time per season". At the May 27, 1987 Hugo Planning Commission meeting, action was taken unanimously recommending that the existing SUP, as previously issued, be continued with no deletions or additions. Mike Prokosch, representing the BESA, was present at the Council meeting and stated that the club was withdrawing its request to use muzzleloaders at its facility. Mayor Atkinson suggested that the club test muzzleloaders for noise level on several unannoinced days and submit the results to the Council for their review. Mr. Prokosch stated that if the club should decide to do the testing, they would approach the city with their request to obtain city approval. Councilmember Peltier requested the club consider elimination of their "Bowling Pin Shoot" because of the noise generated by this event. Mr. Prokosch stated that he would approach the club with her request. Motion made by Vail, Olson seconded, to allow for the con }nuance f the SUP for the Bald Eagle Sportsman Association, as recommenaed by t e9ip8t 8ex28PHi0n. of Item #22 which should be amended to read as follows: The BESA will absorb the cost to calcium chloride Goodview Avenue/125th Street North for one mile, one appli- cation per season. VOTING AYE: Potts, Olson, Vail Atkinson VOTING NAY: Peltier Motion Carried. 11.0 Miscellaneous Mayor Atkinson stated that Planning Commission member, Dennis Schreifels, has sub- mitted a letter of resignation from his two year term. The city staff was directed to send a letter to Chuck Henry to see if he would be interested in filling the vacancy. The city received a letter from Frank Murray, attorney for the RCWD, stating that the Managers of the RCWD will be expending money for the cleaning of Judicial Ditch #2 in the City of Hugo (Hardwood Creek). Before they can proceed with the project, they need documentation that Hugo has no plans for any ditchcleaning project or will be expending any funds for any such project. Motion made by Atkinson, Potts seconded, that the city staff be directed to notify the RCWD that the City of Hugo refuses to perform said work to clean and maintain Judicial Ditch No. 2 and the RCWD is to proceed with the project. All aye. Motion Carried. Mayor Atkinson listed a number of matters to finalize: 1. Stanek right-of-way/easement. 2. Development agreement - Hugo Meadows 3. Revised subdivision ordinance. 4. White Bear Rod and Gun Club 5. Brown's Creek taxation district that he would like to the city attorney Motion made by Olson, Peltier seconded, to adjourn at 9:15 P.M. All aye. Motion Carried. Mary Creager, City Cl City o Hugo