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HomeMy WebLinkAbout1998.12.28 CC MinutesMINUTES FOR HUGO CITY COUNCIL MEETING DECEMBER 28,1998 The meeting was called to order by Mayor Fran Miron at 7:10 p.m. PRESENT: Arcand, Goiffon, Leroux, Miron City Administrator, Robert Museus City Engineer, Tom Angus City Clerk, Mary Ann Creager Goiffon made motion, Leroux seconded, to approve the City Council minutes of December 14, 1998. All aye. Motion Carried. Goiffon made motion, Leroux seconded, to approve the City Council minutes of December 17, 1998. All aye. Motion Carried. Leroux made motion, Goiffon seconded, to approve the City Council minutes for the special meeting of December 21, 1998. All aye. Motion Carried. Leroux made motion, Goiffon seconded, to approve the City Council minutes for the regular meeting of December 21, 1998. All aye. Motion Carried. Goiffon made motion, Leroux seconded, to approve the City Council for the closed session of December 21, 1998. All aye. Motion Carried. STEDT CLAIM Mr. Dean Stedt, 7416 132nd St., filed a claim with the City for damages done to his bean field during construction of Fenway Boulevard. Mr. Stedt was growing the beans on property owned by the Jackson family and a portion of the field was damaged during construction of the roadway. This matter was first considered by the Hugo City Council on December 21, 1998, and tabled until this evening's meeting in order for the Council to determine whether any other settlements had been arrived at regarding the City's encroachment on the Jackson property. As of yet, the City has not come to a settlement with the Jackson's. Miron made motion, Leroux seconded, to approve the claim of Dean Stedt, as submitted. All aye. Motion Carried. PLANNING COMMISSION APPOINTMENT In response to the resignation of Sydney Harrison from the Hugo Planning Commission, and following advertisement of the vacancy, and interviews of potential candidates, Committee member Chuck Haas recommended that Bronwen Kleissler, 8298 132nd St. N., be appointed to fill the remainder of the term left vacant by Ms. Harrison's resignation. This appointment would run until December 31, 2001. City Council meeting of December 28, 1998 Page 2 Leroux made motion, Goiffon seconded, to accept the recommendation of the Interview Committee and appoint Bronwen Kleissler to the Hugo Planning Commission until December 31, 2001. All aye. Motion Carried. Leroux made motion, Arcand seconded, that the "new" City Council appoint a replacement to the vacancy to be created by Ken Rubenzer's resignation on January 31, 1999. All aye. Motion Carried. Purchase Agreement (North Country Auto Body) The Council considered for approval an agreement between the City of Hugo and the owners of North Country Auto Body for the sale of approximately 18,395 square feet of property adjacent to the existing North Country Auto Body facility for the purchase price of $38,077.65. North Country's purchase of the property is in addition to a land swap; the City is acquiring an additional 17' easement along the front of the existing North Country property and will give North Country 17' to their west. Leroux made motion, Goiffon seconded, to approve the Purchase Agreement with North County Auto Body for the sale of approximately 18,395 sq ft of property adjacent to their existing facility at 5451 140th Street, for a purchase price of $38,077.65. All aye. Motion Carried. Bald Eagle Industrial Park -Phase H Due to the proposed sale of approximately 4.5 acres to Schwieters Construction, and the expansion of the North Country Auto Body lot, staff recommended that the Council approve the amended preliminary plat for the Bald Eagle Industrial Park, establishing lots 1-5, Block 1, and one outlot. Leroux made motion, Miron seconded, to approve the amended preliminary plat for the Bald Eagle Industrial Park, establishing Lots 1-5, Block 1, and one outlot. All aye. Motion Carried. SUBDIVISION (DEER PARK ESTATES) Judith Rudig and David Schumann, 7630 137th St. N., submitted an application to subdivide two parcels of land into seven lots and one outlot encompassing 34.85 acres in the City's agricultural zoning district. The Planning Commission considered the request at their meeting of December 16, 1998, and recommended approval of the subdivision subject to Findings of Fact and Conditions and an amended special use permit. The City Council first considered this request at their meeting of December 21, 1998, and tabled action to provide the City Attorney time to prepare a draft Development Agreement for the proposed subdivision. Due to the short time frame between the Council meetings, including the holidays, the draft Agreement has not been City Council meeting of December 28, 1998 Page 3 completed. Staff recommended tabling consideration of this request until the Council meeting of January 4, 1999. The Council considered a letter from Mayor -elect Stoltzn= requesting that certain issues be incorporated in Schumann's amended SUP. John Waller requested that the shoreline of Rice Lake be clearly identified on the plat. Mr. Waller did not feel that Schumann's commercial business could be continued because of the change to a residential use. Depending on whether the proposed land use regulation are adopted later on in the meeting, Mr. Schumann would need preliminary plat approval prior to adoption of the new regulations to fall under the guidelines of the existing zoning ordinance. Goiffon made motion, Leroux seconded, to approve the preliminary plat for Deer Park Estates subject to the amended SUP. Moon made motion, Arcand seconded, to table this matter until after discussion of the proposed land use regulations. All aye. Motion Carried. SPECIAL USE PERMIT (SCHWIETERS CONSTRUCT ION) Schwieters Development Corporation, 8383 Sunset Road NE, Spring Lake Park, MN, requested a special use permit to allow up to 1.8 acres of exterior storage on Lot 5, Block 1, in the Bald Eagle Industrial Park, Second Addition, which they are purchasing from the City. The exterior storage area would be used to store wood materials and finished products used in their construction business. Hugo City Code, Chapter 3204, Subd. L, allows unlimited exterior storage in the Industrial zoning district by special use permit. The development covenants approved by the City Council for Bald Eagle Industrial Park allow a maximum of 40% of a lot to be used for exterior storage. Staff recommended approval of the special use permit, subject to compliance with the exterior storage, fencing, and screen requirements contained in the development covenants for the Industrial Park. The PC needed to hold a public hearing to consider the SUP request. The Planning Commission was called to order by Chair Teddy Peltier at 9:30 p.m. PRESENT: Kellison, Puleo, Peltier ABSENT: Malaski, Schumann, Rubenzer Mayor Miron called the public hearing to order. Tom Jackson questioned the percentage of lot to be used for exterior storage, and asked for an explanation of the covenant addressing this requirement. As there were no further comments, the hearing was closed. Commissioner Kellison asked what was shown for the exterior storage surface. He was told that the area would be blacktopped. Puleo made motion, Peltier seconded, to recommend approval of the SUP, subject to compliance with the exterior storage, fencing, and screen requirements in the Development Covenants. All aye. Motion Carried. City Council meeting of December 28, 1998 Page 4 Goiffon made motion, Leroux seconded, to approve the SUP to allow Schwieters Construction a maximum of 40% of their lot in the Bald Eagle Industrial Park, Second Addition, to be used for exterior storage, and subject to requirements in the Development Covenants for the Park. All aye. Motion Carried. Peltier made motion, Puleo seconded, to adjourn the Planning Commission meeting at 10:00 p.m. All aye. Motion Carried. SITE PLAN APPROVAL (SCHWIETERS CONSTRUCTION) J. L. Schwieter Construction, Inc., 8383 Sunset Road NE, Spring Lake Park, MN, requested site plan approval to construct a 30, 620 square foot office warehouse building on a 4.5 acre parcel in the Bald Eagle Industrial Park. The property is currently zoned Industrial and is guided for industrial use in the City Comprehensive Plan. The proposed site for the project is immediately south of the City's new Fire Hall. The Planning Commission considered this request at their regular meeting of November 18, 1998, and recommended approval of the site plan subject to special conditions. Architect Len Lampert responded to the Planning Comission's conditions and provided an architectural view of the proposed building. Miron made motion, Leroux seconded, to approve the site plan for Schwieter Construction to construct a 30,620 sq ft officetwarehouse on 4.5 acres in the Bald Eagle Industrial Park, Second Addition in acccordance with the amended site plan presented by the developer, and the following conditions: 1. Approval of the site development plan by the Rice Creek Watershed District. 2. Approval of the grading and drainage plan, utility plan, and minimum first -floor elevation by the City Engineer. I City Council approval of the sale of the property to the applicant. All aye. Motion Carried. PURCHASE AGREEMENT (SCHWIETERS CONSTRUCTION) The Council considered a Purchase Agreement between the City of Hugo and Schwieters Development Corporation for the sale of 4.518 acre parcel of property to Schwieters Construction in the Bald Eagle Industrial Park, Second Addition. The Agreement provides that Schwieters will pay the City $192,487.00 in cash for the project, and guarantee the City tax increment in an amount sufficient to finance the remaining $212,188 in land value over a period of 15 years. The proposed changes include removing paragraphs that have been made redundant to the construction of Fenway Boulevard, clarifying that no assessments will be made against the property for the construction of Fenway Boulevard and related utilities; specified earnest money is to be deposited in an interest bearing account and interest paid to the purchaser at closing; and add contingencies regarding the buyers ability to finance the project under terms and conditions approved by the buyer and for Metropolitan Council approval on encroachment on the easement in front of the proposed building. City Council meeting of December 28, 1998 Page 5 The Purchase Agreement is subject to the City and the buyer entering into a Tax Increment Financing Agreement for development of the site. Such an Agreement has been drafted and is currently under review by the City's bond counsel. Miron made motion, Goiffon seconded, to approve the Purchase Agreement between the City of Hugo and Schwieters Development Corporation for the sale of 4.5 18 acres in the Bald Eagle Industrial Park, Second Addition. All aye. Motion Carried. COMPREHENSIVE LAND USE REGULATIONS The City Council conducted a second public hearing on the proposed amendments to the City's Comprehensive Land Use Regulations on December 21, 1998, and tabled action on the proposed regulation until this evening's meeting. The Council considered a revised draft of the regulations with the changes requested by the Council during a series of meetings held over the last few weeks. Because not all changes had been incorporated into the draft, and the text and map were inconsistent: Miron made motion, Goiffon seconded, to table discussion until January 4, 1999. All aye. Motion Carried. DEER PARK ESTATES SUBDIVISION Miron made motion to table this matter to allow staff to address issues raised at tonight's meeting with the applicant. Motion failed for lack of second. It was noted that no vote had taken place on the original motion for preliminary plat approval subject to recommended changes to the amended SUP. Vote on motion for preliminary plat approval for Deer Park Estates: All aye. Motion Carried. HUGO VS BMS, INC. Leroux made motion, Goiffon seconded, to table until the Council meeting of January 4, 1999. All aye. Motion Carried. Mayor Miron expressed his opinion about roll -call voting. He felt that the Mayor should take a leadership roll in voting and should be counted first. Miron made motion, Leroux seconded, that all roll -call votes should have the Mayor vote first, and the balance of the Council in alphabetical order. All aye. Motion Carried. City Council meeting of December 28, 1998 Page 6 Leroux made motion, Goiffon seconded, to adjourn at 10:40 p.m. All aye. Motion Carried. Gi . ZMary reager, Clerk City o ugo