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HomeMy WebLinkAbout1987.11.02 CC Minutes131 MINUTES OF THE PROCEEDINGS - REGULAR CITY COUNCIL MEETING OF 11/2/87 The regular meeting was called to order by Mayor Atkinson at 7:00 P.M. PRESENT: Peltier, Potts, Vail, Atkinson, Carole LaBelle, Acting Secretary ABSENT: Olson Motion made by Peltier, seconded by Vail to approve the Minutes of 10-19-87. All aye, motion passed. Potts made motion, seconded by Peltier to approve the general claims of Novemer 2, 1987 in the amount of 618,153.93. All aye, motion passed. Peltier made motion, seconded by Vail to approve the utility claims in the amount of $3,765.56. All aye, motion passed. 8.1 Special Use Permit (R. Flanagan) Ricky and Lori Flanagan have made application to the City of Hugo for a _ Special Use Permit to operate a landscaping and lawn maintenance business on their property located at 6319 175th St. No., Hugo (the east 330 ft. of the west 538 ft. of the north 660 ft. of the SW quarter of Section 4, T31N, R21W, except the east 165 ft. of the west 538 ft. of the north 660 ft. of the SW quarter of Sec. 4, T31, R21.). The petitioners have indicated the property in question will continue to be residential in character although they would like to operate a business on a limited basis from their home. The property in question is located in an agricultural zone and landscaping businesses are allowed by Special Use Permit. In reviewing the legal description on the application it does not appear to conform with the site plan or the legal description on the City's tax records. The property appears to be 165 ft. in width and approximately 538 ft. in depth (2+ acres). The Planning Commission unanimously recommended approval of the SUP at their meeting of 10/28/87 subject to certain conditions being met. Mr. Flanagan stated that the large hydro -sprayer truck would be returned to Chanhassen on November 3, 1987 and not return to the site in 1987. He also stated all equipment and materials will be stored in the existing buildings or in.a screened area. Motion made by Potts, seconded by Peltier to approve the SUP for Rick and Lori Flanagan to operate a landscaping and yard care business at 6319 175th St. with the following conditions; . 1. No advertising be permitted on site. 2. All equipment, primarily used for business, be stored in existing garage on site. 132 3. Any materials stored on site, other than landscaping stock, be located to the rear of the garage, in a screened area approved by the City. 4. Any modifications to the enclosed site plan be approved by an amended special use permit. 5. Activities on site other than residential be limited to landscaping, lawn maintenance business. 6. No additional accessory buildings be constructed without first securing a building permit. 7. The use of this property shall not be in violation of any existing restrictive covenants. B. All activities on site shall not cause the altering of any watercourse, ditch, or drainage system in this area. 9. The storage of any chemicals on site must be in an enclosed structure and must be in compliance with all state and county health/safety regulations. Copies of the type of chemicals being stored and location of said chemicals must be filed with the City of Hugo's Fire Marshall. All aye, motion passed. 8.2 Tom Caruth/Fred Suess - Subdivision Mr. Tom Caruth and Mr. Fred Seuss have made application to the City of Hugo for the Subdivision of approximately 58.5 acres into two lots, one of ten acres in size and one of 48.5 acres. The property in question is generally described as the east 1/2 of the SW 1/4 of the SW 1/4 of the SW 1/4 of Section 8, T31, R21W, except that part described as follows; The west 721 ft. of the north 1201.65 ft. of the NE 1/4 of the SW 1/4 of Section 8, T31, R21W. The applicants are requesting waiver of the formal subdivision requirement to divide this property by certificate of survey. The Planning Commission unanimously recommended approval of the subdivision applicaton, and the waivering of the formal subdivision requirements at their meeting of October 28, 1987, subject to special conditions. Mr. Seuss informed the council that all buildings on Parcel A do meet the setback limits. He added that no buildings will be added and one may be removed. Motion made by Peltier, seconded by Vail to approve the application for Fred Seuss and Tom Caruth to subdivide 58.5 acres into a ten acre parcel and a 48.5 acres and waiver of formal subdivision requirements subject to the following conditions. 1. The final survey meet all administrative requirements. 2. The final survey must be submitted to the Council for approval within 90 days of preliminary acceptance or this approval will be null and void. 3. All of these conditions must be met before the stamping of any deeds for recording by the City Clerk unless otherwise permitted by Council action. 133 4. All property lines must be identified on site by the applicants to insure property setbacks when buildings are to be constructed if required by the building inspector. 5. All driveways and drainage areas must include installation of minimum 15" diameter corrugated metal culverts in a manner acceptable to the City. 6. All fees relating to the subdivision approval shall be paid by the applicant including the cost of recording documents and parkland dedication. 7. On-site activities permitted as a result of this subdivision shall not cause the altering of any watercourse, ditch, or drainage system in this area. Amendment made by Atkinson, seconded by Potts to allow no further subdivision of Parcel B without a formal plat. Amendment vote: All aye, motion passed. Original motion: All aye, motion passed. 8.3 Cheryl Bernier/John Kostuch - Rezoning Mr. John Kostuch and James Olson have made application to the City of Hugo for the rezoning of a 7 acre +- tract of land from Industrial to SFU to accommodate the proposed subdivision plat identified as Sunny Creek Acres. The tract of land in question is described as That part of Lot 35, of County Auditor's Plat No. 7 being the North 859.61 ft. of the south `t,224.2 ft lying easterly of the west 452.2 ft, measured along the south line easterly from the southwest corner of the southwest quarter of Section 20, T31, R21W in Hugo, Washington County, Minnesota. The subdivision of this property will provide consistency with regard to the zoning districts in proposed Sunny Creek Acres. The applicants have indicated that there is an adequate amount of vacant industrial land in the City, and would like to develop the property in question for residential purposes. The property north, east, and south of the tract in question is zoned industrial, the property west of this tract is zoned SFU. The property owned by Mr. Olson, which is a part of this request, could be served by utilities at the time improvements are installed for proposed Sunny Creek Acres. The Planning Commission unanimously recommended approval of the request at their meeting of 10/28/87. Motion made by Vail, seconded by Potts to adopt ORDINANCE 1987-245, AN ORDINANCE AMENDING CHAPTER 320 OF THE HUGO CITY CODE ENTITLED "ZONING" BY AMENDING THE ZONING DISTRICT CLASSIFICATION OF THE DESCRIBED REAL PROPERTY. AYE: Peltier, Potts, Vail, Atkinson. Motion passed. 134 8.4 Todd Beecroft - Special Use Permit Todd and Paul Beecroft have made application to the City of Hugo for a special use permit to operate a landscaping business on their property at 9365 122nd Street North, generally described as the West 278.7 ft. of the East 460.2 ft. of the West 1/2 of the SW 1/4 of the SW 1/4 of Section 6, T31N, R21W, Washington County, Minnesota consisting of approximately 8.5 acres. The property in question is zoned agricultural, and landscaping businesses are permitted in an agricultural zone by special use permit. Mr. Beecroft is also requesting authorization to install an advertising sign on the site in question as indicated on the proposed site plan. Mr. Beecroft is also proposing the construction of a 17' X 20' greenhouse made of hoops and poly plastic. Reviewing this plan was somewhat difficult in that Mr. Beecroft did not dimension the site plan as required. Mr. Beecroft also identifies a proposed 17' X 20' greenhouse, however, photographs of the site indicate that there is already a structure at that location. Mr. Beecroft also proposes the installation of two 4' X 8' signs on the site but does not indicate what the signs will look like and how they will be maintained. The Planning Commission recommended approval of the Special Use Permit to operate the landscape business, the 17' x 20' greenhouse, and two 4' x 8' unlit advertising signs at their meeting of 10/28/87, subject to the following special conditions; 1. All equipment storage and parking be located behind the house and on the driveway running to the existing 22' X 27' shed located on the east property line. 2. Landscaping and greenhouse facilities be located as identified on the approved site plan and changes or additional buildings must be approved by amended special use permit. 3. The proposed signs must be located where identified on the site plan, and must be maintained in a manner acceptable to the city at all times. 4. No lighting shall be permitted for the advertising signs. 5. A landscaping plan for the area around the signs must be prepared and said landscaping installed no later than May 1', 1988. 6. All activities on site shall be limited to those customary to a greenhouse and landscaping business. 7. No structures or facilities may be added to the site in question without first securing a building permit. B. On site activities permitted shall not cause the altering of any watercourse, ditch, or drainage system in this area. 9. This permit must be submitted to the City Council for approval within 90 days of Planning Commission recommendation. 10. Failure to comply with all conditions of this special use permit shall be grounds for permit revocation. 11. The storage of any chemicals on site must be in an enclosed structure and must be in compliance with all state and county healty/safety regulations. Copies of the type of chemicals being stored and location of said chemicals must be filed with the City of Hugo's Fire Marshall. After learning he needed a Special Use Permit to operate his business, Mr. Beecroft discontinued his operation and removed the advertising signs. 135 Motion made by Atkinson, seconded by Potts to table the application of Todd and Paul Beecroft for an SUP to operate a landscaping business from 9365 122nd St. until Beecroft's provide a fully dimensioned site plan and photographs for council review. This matter will be placed on the 11/16/87 agenda. All aye, motion passed. 8.5 Resignation from Planning Commission Planning Commissioner, Doug Blanchard, has formally resigned his position with the Commission effective immediately. With Mr.Blanchard's resignation, there are currently two vacancies on the Commission. We would recommend that Mr. Blanchard's resignation be accepted with regret, and that replacements be appointed to the Commission as soon as possible. Motion made by Atkinson, seconded by Potts to accept Mr. Blanchard's resignation from the Planning Commission. All aye, motion passed. Mr. Atkinson wishes to thank Mr. Blanchard for the time and effort he put into to the Planning Commisison and regrets that he will no longer be able to serve. 8.6 Norm Horton/Roger Dupaul - Auto Dismantling License Representatives of Modern Auto Parts of Hugo were requested to appear before the Commission to discuss some of the activities taking place on his site with regard to construction of dikes and ditches and their impact on stormwater drainage in this area. Dale Eklin, inspector for the Rice Creek Watershed Distrct, had made an inspection of the property this summer and stated that all construction and ditching had ceased. Mr. Dupaul was also requested to provide water samples on site, and said water samples, as of yet, have not been submitted to the City. The City also requested that Mr. Dupaul provide a detailed site plan of his facility. The Planning Commission, at their meeting of 10/28/87, recommended approval of the Auto Dismantling License for Norm Horton and Roger Dupaul subject to compliance of existing conditions and submission of an accurate, up-to-date site plan for Council review. Mr. Dupaul was not present to comment on the information requested. Mr. Atkinson directed the Clerk's office to send a certified letter to Mr. Dupaul and Mr. Horton requesting an up-to-date fully dimensioned site plan, analysis on water samples, and an explanation of the excavating done on the site. The Hugo Fire Chief is also requested to inspect the property and report the condition of fire lanes and the stacking of tires and vehicles at the council meeting of November 16, 1987. Motion made by Atkinson to table the application for Roger Dupaul, Modern Auto Parts until the November 16, 1987 council meeting when all information requested can be provided. All aye, motion passed. 136 8.7 Appointment to Fire Department Mr. Donald Wilke has made application for admittance to the Hugo Voluntee Fire Department. Mr. Wilke was interviewed by the City Administrator and Fire Chief approximately two months ago. Mr. Wilke has been attending fire department meetings and fire drills on a regular basis. Fire Chief, Ron Istvanovich, is now recommending acceptance of Mr. Wilke into the Fire Department subject to completion of the one year probationary period. We would also recommend that his appointment be subject to Mr. Wilke maintaining a valid driver's license at all times while serving on the Fire Department. Atkinson made motion, seconded by Vail to approve the appointment of Donald Wilke to the Hugo Fire Department subject to Mr. Wilke maintaining a valid drivers license at all times. All aye, motion passed. 8.8 Composting Agreement Washington County has now revised its proposed agreement for yard waste composting as per the recommendation of the city attorney. The county would like to enter into this formal agreement with the city, and construct the facility this year with the intent to have said facility available for use in the spring. A copy of the finalized agreement has been enclosed for your review. The site in question has been deeded to the city. Mr. Potts questioned the possibility of the site being opened longer hour - for commercial haulers and who would cover the additional costs if this were to occur. Atkinson made motion, seconded by Vail to authorize the clerk and mayor to execute the compost agreement with Washington County on behalf of the City of Hugo. All aye, motion passed 9.1 Petition for Temporary Mobile Home Permit Mr. James Dotte has made application to the City of Hugo for a temporary mobile home permit to reside on the property described in his application and identified as Parcel B on the enclosed certificate of survey (aka 5380 165th Street). With regard to this application, there are several items of concern to the city staff: 1. Mr. Dotte has not specified the period of time for which he is seeking this temporary permit. 2. Applicant has failed to provide a detailed description of the intended use of the structures. 3. Applicant has failed to provide a dimensioned site plan indicating building locations, utility hookups, on-site storage, etc. 137 4. Applicant has made no effort to secure permits to construct a permanent dwelling on this property. 5. We have no knowledge of how an address was assigned to this property when there is no approved structure on site. It is our understanding that currently there is a tent, a bus, and a self-contained camper trailer on site in which Mr. Dotte has been residing for several months. We have requested that Mr. Dotte put his plans in writing and make some firm commitments with regard to the temporary nature of his request. In light of Mr. Dotte's failure to do so, we cannot recommend approval of this application as submitted. Mr. Dotte stated he intends to use the temporary mobile home over the winter and plans to start building his home in the spring of 1988. He has obtained the building permit applications and has his plans available for review. Mr. Dotte has a septic tank ordered and would have this installed for use with the tempory home and the permanent home. The question of hooking up to the Metro Sewer line was raised but because the property is not in the Metro Urban Services Area this would not be possible. Mr. Dotte stated that the address used at the site was provided by Mr. Crever, the building inspector. Mr. Art Munger was present and expressed his concern that the Dotte's would be operating a business from their property. He stated that neighbors have continued to upgrade the appearance of their property and are concerned that a commercial operation would deteriorate the area. Motion made by Atkinson, seconded by Potts to table the application of Mr. James Dotte for a temporary mobile home until November 16, 1987 and the five items listed above are addressed. AYE: Potts, Vail, Atkinson NAY: Peltier Howard Kuusisto submitted a report stating the Hugo Meadows Subdivision was ahead of schedule and that curb and gutter may be installed this fall. The Homestead Drive Project plans and specs will be available for the November 16, 1987 agenda. The project will most likely be postposed until the spring of 1988. It was the concensus of the council that the Planning Commission should remain at seven members to secure a variety of opinions to address the applications that come before the City. The clerk's office is directed to publish notices of vacancy in the Forest Lake Times and the White Bear Press encouraging anyone interested to apply at Hugo City Hall. It was brought to the attention of Mr. Potts that there are currently bleachers on site at the Texan Bar. There is some interest in the purpose of the bleachers if they have no SUP for the activities previously proposed. 138 Mr. Huber discussed the Brown's Creek Water Management Organization with Mayor Atkinson and their request for funding, with no provision for staff and they would have the final approval on matters regarding Hugo. Motion made by Atkinson, seconded by Potts to direct the Hugo Representative to Brown's Creek Water Management Organization to delay approval of the plan for clarification and request that the representative speak to the City Council regarding some of the above mentioned concerns. All aye, motion passed. Mrs. Peltier was concerned about the county being involved with the reduction of the railroad crossings and why we aren't dealing directly with the State of Minnesota. Mr. Huber provided information stating that the county has the first oppportunity to buy the property, also, that 145th St. is a county road. Motion made by Peltier, seconded by Atkinson to adjourn at 8:23 P.M. All aye, motion passed. Carole LaBelle Acting Secretary