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HomeMy WebLinkAbout1987.10.05 CC Minutes117 MINUTES OF THE PROCEEDINGS FOR THE REGULAR CITY COUNCIL MEETING OF OCTOBER 5,-19B7 Mayor George Atkinson called the meeting to order at 7:00 PM> PRESENT: Robert Olson, Deane Vail, George Atkinson City Administrator, Ken Huber City Clerk, Mary Ann Creager ABSENT: Theodora Peltier, Arthur Potts Motion made by Olson, seconded by Vail, to approve the minutes of September 21,1987 as submitted. All aye. Motion Carried. Vail made motion, Olson seconded, to approve the General Claims for October 5, 1987 in the amount of $6,118.09. All aye. Motion Carried. ' Olson made motion, Vail seconded, to approve the Utility Claims for October 5, 1987 in the amount of $4,041'03' All aye. Motion Carried. COUNCILMEMBER, THEODORA PELTIER, ARRIVED AT 7:03 PM. 7.A 1988 Fiscal Year Budget (Resolution) The 1988 general fund budget for the upcoming fiscal year is now complete and balanced as per Council direction. The budget features adjustments in coding and cost accounting certain expenses to the appropriate departments' The proposed budget reflects a 4% increase over the 1987 estimated budget expenditures. The only major identifiable increase in the budget is in the area of streets and roadways. The city will be paying a higher rate for equipment rental and labor than in previous Years. Despite this increase, we should be able to maintain the same service levels as was provided in 1987' It should be noted that this budget does not reflect the $35,000.00 in expenditures for conducting a water management study as required by Minnesota Statutes' Our communications with the Commissioner of Revenue's office is that they will not be making a decision on our appeal until some time late next week. However, they have indicated that adjustments in our budget and tax levy will be permitted after the October 10th deadline to deal with this issue, if necessary. The $700,802'00 budget being recommended was a result of approximately $80,000.00 in budget cuts, after two budget meetings, by the City Council earlier this fall' We feel that the budget is realistic and should not result in any reduced levels of service to the community at this time. Vail made motion, Olson seconded, to adopt RESOLUTION 1987-47, A RESOLUTION APPPROVING THE GENERAL FUND BUDGET FOR THE 1988 FISCAL YEAR IN THE AMOUNT OF $700,802.00. All aye. Motion Carried. � � &� ���� City Administrator, Ken Huber, stated that Harstad Companies had provided the city with the letter of credit, in the amount of $810,000.00, as required, as well as a letter stating that they agree to participate in solving the downstream ditch maintenance, northwesterly of Hugo Meadows to Egg Lake Road, in an amount up to $3,000.00. City Attorney, Charles Johnson, provided the final draft of the Development Agreement for all appropriate signatures. Ken Huber and Howard Kuusisto agreed that the developer had answered all questions raised by the city relative to the final plat. Vail made motion, Olson seconded, to approve the final plat for Harstad Companies' HUGO MEADOWS, subject to the Development Agreement entered into between the City of Hugo and Harstad Development, and the following other special conditions: 1. Compliance with all state and county permits issued. 2. Compensation to city for costs incurred for administration, legal, � and engineering expense. 3. Reimbursement for city costs incurred for engineering inspection. 4. Payment of all plat recording costs. 5. Utilities to be installed as per plan design. 6. Copy of "AS BUILT" drawings for utility installation be recorded within 30 days of construction completion. 7. The cost of street signs and street lighting be installed at the developer's expense. S. Compliance with the letter of commitment for ditch cleaning from Hugo Meadows to Egg Lake Road. All Aye. Motion Carried. 7.B 19e7 Collectible 198e Tax Levy (Resolution) To finance a portion of the previously approved budget, it is necessary to certify the city's tax levy to the County Auditor prior to October 10, 1987' The total tax levy permitted by Minnesota Statute is $456,581.00. There are several other minor special levies permitted under the law, and we are in the process of computing those levies at this time. Vail made motion, Peltier seconded, to adopt RESOLUTION 1987-48, A RESOLUTION APPROVING 1987 TAX LEVY COLLECTIBLE IN 1988, IN THE AMOUNT OF $459,290.00. All aye. Motion Carried. Special Use Permit - Jerome Parker Mr. Jerome Parker has made application to the City of Hugo for a Special Use Permit to allow the following: 1. To move a 12'x 20' building from Lot 9 to Lot 12 to be used as a boat- house maintaining a 50' setback from Sunset Lake. 2. To build a 28' x 40' residential storage garage on Lot 9 at the location where the existing 12' x 20' building is currently located. Mr. Parker owns Lots 9, 10, 11, and 12 of Block 2 Sunset Park Addition, The city shoreland ordinance requires a minimum 100' setback from the lake for new construction. Current buildings are non -conforming uses and are grandfathered in under our current ordinance. If any buildings are moved or removed, the requirements of the current ordinance then apply. Mr. Parker also has a 22' x 28' garage located immediately north of the house on Lot 10. It should also be noted that Mr. Parker has applied to the Board of Zoning Adjustments for a variance to allow for expansion of his home in a westerly direction closer to the lake shoreline' Review and recommendation from the staff and Planning Commission are based on recognizing the four lots in question as one parcel of land, and that the buildings in question being accessory to the house on Lot 10. The staff is recommending that no structures be located on the site in question closer than 50' to the lakeshore' The Hugo Planning Commission recommended approval of the SUP and variance to allow for the moving of the boathouse to Lot 12, and construction of a new building on Lot 9, Sunset Park Addition. The four lots in question are to be considered ohe parcel with said approval recommendation being subject to special conditions. Mr. Parker stated that he had verbal communication with Molly Comeau, DNR, and she stated there was no problem with the DNR regarding this request' Olson made motion, Vail seconded, to approve the request of Jerome Parker, 12866 Ingersoll Avenue North, to move a 12' x 20' boathouse on Lot 12, Sunset Park Addition, and construct a 28' x 40' accessory building on Lot 9, Sunset Park Addition, subject to the following special conditions: 1. The 12' x 20' buildinq moved from Lot 9 to Lot 12 to be used as a VOTING AYE: Peltier, Olson, Vail VOTING NAY: Atkinson Motion Carried boathouse only, maintaining a 50' setback from Sunset Lake. 2 Allow construction of a 28' x 40' storage garage on Lot 9, at the location near where the 12' x 20' building is currently located at a minimum of 50' from Sunset Lake. 3' Lots 9, 10, 11, and 12, Block 2, Sunset Park Addition, be regarded as one parcel, and that Lots 9 and 12 not be sold unless the access- ory buildings are removed or a principal building is built on said lots. 4. No accessory buildings be permitted closer that 50' to the shoreline at its nearest point. 5. A variance be granted to allow the accessory buildings to be located between the principal dwelling on Lot 10 and Ingersoll Avenue. 6. The boathouse located on Lot 12 to be utilized for boat storage and accessory boating items only. 7. The garage proposed for Lot 9 to be located a minimum of 50' from the lakeshore, and meet all other setback requirements. 8' The garage located on Lot 9 to be used for residential vehicle and related storage only. 9. The building setbacks from the lake be approved by the DNR. VOTING AYE: Peltier, Olson, Vail VOTING NAY: Atkinson Motion Carried / z o Mr. Jerome Parker has made application to the City of Hugo to allow for construction of an addition to his home within 38' of the shoreline of Sunset Lake on Lot 12, Block 2, Sunset Park Addition aka 12866 Ingersoll Avenue North. Mr. Parker would like to add a 12' x 23' addition to his dwelling increasing the size of the existing bedrooms' City shoreland regulations require a 100' setback from the shoreline' The current dwelling is located 50' from the shoreline, as it was constructed prior to adoption of the shoreland regulations. This request was reviewed by the Board of Zoning Adjustments, and they are recommending approval of the variance allowing for a 12' x 23' addition to their home to be constructed no closer than 38' to Sunset Lake. Mr. Parker stated that his house is located on a 15' hill implying a 38' setback is not as close as it may seem' Councilman Olson stated that Mr' Parker's property and house is secluded and that a number of neighbors had received variances from the lakeshore setback in recent years. Olson made motion, Peltier seconded, to approve the variance request of Jerome Parker, 12866 Ingersoll Avenue North, to allow for a 12' x 23' addition to his residence to be constructed no closer than 38' to Sunset Lake on Lot 12, Block 2, Sunset Park Addition. All aye. Motion Carried. 8'C Variance - Garaoe Location (William Sherman Mr. William Sherman and Mr. Arnold Palme have made application to the City of Hugo for a variance to allow construction of a garage between the home and roadway at 9130 125th Street North. Mr. Sherman proceeded with the construction of this garage without a building permit' Since being notified of the need for a variance and building permit, the applicant has continued construction of the garage without the appropriate permits. The municipal code prohibits the construction of a garage or other accessory buildings between the house and a public roadway' This request was reviewed by the Board of Zoning Adjustments at their September 23, 1987 meeting. The board felt there was no apparent hardship to the land with regard to this request; however, they did recommend approval of the variance to construct the 24' x 40' garage to within 220' of the road at 9130 125th Street North, subject to special conditions' Vail made motion, Peltier seconded, to approve the variance for William Sherman, 9130 125th Street North, to construct a 24' x 40' garage to within 220' of the road, subject to the following conditions: 1. Building permit fee shall be doubled. 2. The applicant shall pay all administrative and staff costs related to this matter. 3. Failure to comply with the conditions shall be grounds for revocation. 4. No less than four pine trees, 6' in height, shall be planted on the street side of the garage, in a staggered pattern' 121 5. No less than seven pine trees, 6' in height, shall be planted on the easterly side of the garage, opposite the garage doors, in a stag- gered pattern. 6' A letter of credit, in the amount of $2,000, shall be provided to the City of Hugo, to insure that the trees are planted, maintained, and continue to grow for a period of three years, and to cover replace- ment cost of the tres should this be necessary' 7' The garage is to be used for personal storage and residential vehicles only. Mr' Sherman stated that he had no problem in complying with the special conditions. VOTING AYE: Peltier, Olson, Vail VOTING NAY: Atkinson Motion Carried. 8.1) Variance - Garaqe Location (Matt Pilla) Matt and Laurie Pilla have made application to the City of Hugo for a variance to allow for the construction of a 24' x 36' garage between the house and the roadway at 10257 152nd Street North. Mr. Pilla had initially been given a verbal OK by the building inspector to proceed with the construction of this garage, and was later told that the building location did not comply with city zoning regulations' Mr' Pilla had already poured the concrete slab for the construction of this building on the OK from the building inspector' Mr. Pilla is now requesting a variance to allow him to proceed with the construction of the garage noting topography, location of sewer, drainfield, and water problem as a reason for building the garage at the proposed location. Mr. Pilla has stated that the proposed garage is to be used for residential vehicle storage only. Members of the Hugo Board of Zoning Adjustments reviewed this matter at their September 23, 1987 meeting, and indicated some concerns regarding the garage location. The Board of Zoning Adjustments recommended approval of the variance request of Matt Pilla to construct the 24' x 36' garage at 10257 152nd Street to within 70' of the road subject to four special conditions' Vail made motion, Olson seconded, to approve the variance request of Matt Pilla to construct a 24' x 36' garage to within 70' of the road at 10257 152nd Street North, and subject to the following special conditions: 1. Mr. Pilla is to plant six pine trees on the west side of the garage at the north end, in a staggered pattern. 2. The pine trees shall be at least 6' in height, and planted at Mr. Pilla's expense. 3' The garage/ is to be used for personal storage only, and any commer- cial use is strictly prohibited' 4' Failure to comply with these conditions would be grounds for revoc- ation. All aye. Motion Carried. B.E Variance - Lot size (C. Weber) Mr' Charles Weber and Scott Schroepfer have made application to the City of Hugo for a variance to allow the construction of a single family 122 dwelling on an 8.8 acre tract of land in an agricultural zone' The llroperty in question is identified as the North 327' of the South 658' of the SE1/4 of the NW1/4 of Section 3, T31N, R21W, Washington County, MN. The tract of land in question was originally 10 acres in size, however, Weber's deeded a 1.2 acre tract of land to Mr. Dabe in 1978 in an effort to provide a road access to two houses built east of the site in question' Mr. Weber states that the conveyance of the property for the private road was an attempt to help Mr. Dabe and resolve a problem for the City of Hugo. Mr. Weber indicates that had he known the conveyance of the private road would have made their lot unbuildable, said transaction could have been done by easement rather than deeding the property to the benefiting individuals. The applicants indicate that they can meet all other zoning requirements for the construction of a single family dwelling and accessory buildings with the exception of the lot size requirement' This matter was reviewed by the Board of Zoning Adjustments at their meeting of September 23, 1987, and said board recommended denial of this variance. ` Administrator Huber stated that he had talked to City Attorney, Charles Johnson, regarding this matter, and they agreed that granting a variance would be a better way for the city to handle this matter rather than "spot zoning". Atkinson made motion, Peltier seconded, to approve the variance request of Charles Weber, to allow for a single family dwelling on an 8.8 acre tract of land in the agriculture zone that mandates 10 acre lot size citing the deeding of a 1.2 acre tract of land to Mr. Dabe to provide road access as the hardship to land. This 8'8 acre tract of land is identified as the North 327' of the South 658' of the SE 1/4 of the NW 1/4, Section 3, T31N, R21W, Washington County, Minnesota. All aye' Motion Carried. B.F Certification of Assessments (Resolution) The City of Hugo is required annually to certify its public improvement assessments to the Washington County Auditor's Office. These assessments are then placed on the tax rolls and collected per Minnesota Statute. Peltier made motion, Olson seconded, to adopt RESOLUTION 1987-49, A RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR COLLECTION IN 1988. All aye. Motion Carried. B.G. Certification of Delinouent Bills (Resolution) Annually the city is required to certify delinquent utility bills prior to October 10th. These delinquent utility bills are then placed on the tax rolls and collected in 1988' Any of these bills paid prior to November 15, 1987 would be deleted from the delinquent bill list' Atkinson made motion, Peltier seconded, to adopt RESOLUTION 1987-50, A RESOLUTION DECLARING UNPAID UTILITY BILLS BE PLACED ON THE TAX ROLLS' All aye. Motion Carried. 123 8. H Variance -- Garage— Loc at i on (Mart.--. Duchene) Mark Duchene has made application to the City of Hugo for a variance for- the orthe construction of a garage between his house and a public roadway' The property in question is identified as the West 330' of the NW1/4 of the NE1/4 of Section 4, T7 -1N, R21W (aka 6890 177th Street North)' The Board of Zoning Adjustments reviewed this request at a special meeting held on September 29, 1987, said board recommending approval of the variance to allow construction of the 24' x 24' garage within 60' of 177th Street, subject to four special conditions. tQd Mr. Duchenup'' �the Council the reasons why his proposed garage has to be constructed between his house and 177th Street citing the fact that the location of his pond and well prohibits him from moving the site westerly, lowland to the north, and a mound septic system on the east. Olson made motion, Peltier seconded, to approve the variance request of Mark Duchene, 6890 177th Street, the west 330' of the NW 1/4 of the NE 1/4, Section 4, T31N, R21W, Washington County, Minnesota, to construct ~, garage to within 60' of 177th Street, subject to the following conditions: 1. Variance is granted due to the hardship imposed by the land itself. There is open water in the area normally used for a garage. 2. Use of the garage shall conform to all existing codes. 3. No construction is to be started until the necessary building permits are obtained. All aye' Motion Carried' 9.A Temporary Mobile Home Permit (James Bever) Mr. Bever, 7131 132nd Street North, is in the process of constructing a new residence at this location. During construction, he will be residing in a travel/trailer located at the same address until after completion of his residence. Atkinson made motion, Peltier seconded, to grant a 90 day temporary mobile home permit to James Bever, 7131 132nd Street' Authorization is granted to city staff for the authorization of an additional 90 day renewal as long as progress is being made on the residence. All aye. Motion Carried. 10.0 Reports of Officers and Committees Administrator Huber reported that the cable TV ordinance draft is near completion, and a copy will be forthcoming. The subdivision ordinance revision is being clarified as to specific language, and a draft copy will also be forthcoming. The city's contractural agreement with Charles Shalander to serve as road superintendent has expired, and Administrator Huber has requested that it be continued until the end of this year. Atkinson made motion, Peltier seconded, approving the continuation of the city's contractural agreement with Charles Shalander, Road Superintendent, until the end of the 1987 calendar year. All aye. Motion Carried. City staff is to forward a copy of the city's school district boundaries to the White Bear Press for their review. Councilman Olson stated that he had received an inquiry from Arnie Gruett who lives at the northeast corner of Ingersoll Avenue and 122nd Street' He wanted to know if the city was going to clean a ditch located on his Property. Gruett stated that a city official, in year's past, stated that the city would maintain the ditchway. Mr. Gruett is to be informed that it is city policy to not clean ditches on private property, but that he could contact the Rice Creek Watershed District to obtain a permit to � clean the ditch himself. A resident of Shamrock Glen was present to inquire of city regulations regarding animals, specifically, dogs. He was informed that because of the size and nature of the city, it would be cost prohibitive to enforce a leash law in the city' Atkinson made motion, Peltier seconded, to adjourn at 8:55 PM' All aye. Motion Mar7yf Creager, Cit�/Clerk ��CitHugo