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HomeMy WebLinkAbout1996.10.07 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF OCTOBER 7, 1996 The meeting was called to order by Mayor Fran Miron at 7:05PM. PRESENT: Agness, Barnes, Goiffon, Miron City Administrator, Robert Museus City Attorney, Greg Galler City Engineer, Tom Angus City Clerk, Mary Ann Creager Zoning Administrator, Ed Elliott ABSENT: Jim Leroux (Mr. Leroux arrived at 7:25PM.) Goiffon made motion, Barnes seconded, to approve the following Consent Agenda: City Council minutes for September 16, 1996 City Council minutes for September 21, 1996 city Council minutes for September 30, 1996 Claims for October 7, 1996 Site Plan Approval (token) Fire Fighter Appointments All aye. Motion Carried. MINOR SUBDIVISION (GERTEN parr ► Gerten, 17080 Henna Avenue, has requested a minor subdivision to ;ubd..vide 22.25 acres of agriculturally -zoned property into a 9.6 acre and 12.65 acre parcels. An 88' variance to the road -frontage requirement is necessary for the 12.65 acre parcel since it has only 212' of public road frontage. These lot sizes are being requested due to the location of a drainage ditch running north/south of the property providing a natural dividing line. The Planning Commission considered the request on September 251 1996, and recommended approval of the subdivision subject to the following conditions: 1. An 88' variance of public road frontage be granted to Parcel A. 2. Collection of parkland dedication fee of $500.00. 3. Approval of a septic site for Parcel B by the Washington County Health and Land Management. 4. Mr. Gerten obtain an easement and perpetuity from NSP for a driveway to access his property. Ed Elliott stated that Mr. Gerten needed to obtain additional information before the Council could consider this application. Miron made motion, Barnes seconded, to table Mr. Gerten's subdivision request until he has obtained all necessary information. All aye. Motion Carried. ORDINANCE ENFORCEMENT DISCUSSION ),strict Judge Ed Cass was present at the meeting to discuss the judicial standards that are followed in processing the City's ordinance violation .omplaints. (Leroux arrived at 7:25 PM.) City Council meeting of October 7, 1996 Page 2 ROGER DUPAUL LITIGATION UPDATE Attorney Galler stated that the Council had two options at this point in the Hugo vs Dupaul, regarding operating a junkyard without a license: continue to seek a court decision declaring Mr. Dupaul to be operating illegally, or settling out of court. Mr. Galler believes that Mr. Dupaul may voluntarily cease operation. Leroux made motion, Barnes seconded, directing the City Attorney negotiate a settlement with Mr..Dupaul, if possible. VOTING AYE: Barnes, Goiffon, Leroux, Miron ABSTAINED: Agness Motion Carried. PUBLIC HEARING SANITARY SEWER AND WATER SUPPLY PLAN .A joint meeting of the Hugo City Council and Plann_ng Commission was held to consider and receive public comment on the proposed Comprehensive Sanitary Sewer/Water Supply and Distribution Plan recently prepared by OSM. Staff recommended approval of the Plan for submission to the Metro Council as part of the City's Comprehensive Plan review process. The Hugo Planning Commission was called to order by Theodora Peltier at 8:05 PM. PRESENT: Malaski, Waller, Schumann, Peltier ABSENT: Kellison and Rubenzer The public hearing was opened with the following comments being made: Walter Stoltzman - Inquired of the Council how they were going to handle growth as it pertains to extension of City utilities past areas where they are not wanted. Grace LaValle-Schostag - stated that extension of "unwanted" utilities was not good for the City. The Planning Commission then discussed the proposed Plan stating that it was consistent with the Comprehensive Plan. Schumann made motion, Malaski seconded, that the Planning Commission recommend that the Council accept the Sanitary Sewer and Water Supply Plan, as presented. All aye. Motion Carried. Leroux made motion, Goiffon seconded, that the City approve and accept the Comprehensive Sanitary Sewer/Water Supply and Distribution Plan, as presented by OSM. All aye. Motion Carried. City Council meeting of October 7, 1996 Page 3 SPECIAL USE PERMIT (PELTIER) The City Council recessed to allow the Planning Commission to continue the public hearing held over from their meeting of September 25, 1996. This hearing is to consider the issuance of a SUP to Kevin and Jean Peltier and SBA, Inc., to construct a 150' monopole on the Peltiers' property at 5787 130th Street (southwest corner of 130th Street and Goodview Avenue). Representatives from SBA were present to answer Commission questions, stating there would be no interference with other frequencies used in the neighborhood. The City is working on adoption of an ordinance regulating antennas in the community, but would not be ready to adoption until sometime in December, 1996. The Peltier's property is agricultural and guided for rural residential. The proposed ordinance would guide antenna construction to the industrial zones. Adjoining property owners, Joan and David Henning, 12776 Goodview Avenue, stated that they would prefer that the structure not be constructed near their residence. Schumann made motion, Waller seconded, to recommend approval of the SUP request of Kevin and Jean Peltier to construct a 150' monopole on their property located at 5787 130th Street. VOTING AYE: Malaski, Schumann, Waller ABSTAINED: Peltier Motion Carried. Malaski made motion, Peltier seconded, to adjourn the Planning Commission meeting at 9:45 PM. All aye. Motion Carried. The Council reconvened to consider the Peltier application. Ed Elliott briefed the Council on previous Planning Commission discussion. Attorney Galler stated that the Council could table this request until the proposed antenna ordinance was adopted. Councilmember Barnes felt that the easement provided the antenna company should not restrict the future construction of a road at that location. She also would like to see something on record stating that the antenna would not interfere with Benson Airport located south of the proposed antenna construction site. Councilman Leroux questioned whether this type of use should be covered by a franchise. Leroux stated that because he felt he did not have adequate time to fully review the Peltier application, and answers were needed to the questions raised by the Council, the following motion was made: Leroux made motion, Goiffon seconded, to table the request of Kevin Peltier for a SUP until the meeting of October'21, 1996. All aye. Motion Carried. SPECIAL USE PERMIT (BEVER) At Council direction, Mr. Elliott continued his discussions with Jim Bever relative to Mr. Bever's request for a SUP to conduct a landscape business at his property located at 7131 - 132nd Street. A modified site plan was City Council meeting of October 7, 1996 Page 4 presented to the Council for their review. It was Mr. Elliott's opinion that the proposed changes met the intent of the City Council to eliminate the retail sale and storage of nonagricultural goods from the site. Barnes made motion, Agness seconded, to approve the request of Jim Bever, 7131 - 132nd Street, for a SUP to conduct a wholesale/light retail landscape business according to the site plan submitted, and subject to the following special conditions: 1. No more than five (5) individuals may be employed by the business operated on the site. 2. Hours of operation shall be limited to 8:00AM to 7:OOPM, Monday through Friday, and 8:00AM to 12 noon on Saturdays. Closed on Sunday. 3. Signs on the site shall be limited to one 4' x 8' business identification sign. The height, design, and location shall be subject to the City's sign ordinance. 4. Samples of modular block, boulders, brick, rock, fountains, and other ornamental goods may be displayed on site to facilitate the wholesale sales of such landscaping materials; however, there shall be no exterior storage of these items, and delivery of these non-agricultural goods shall be direct from the manufacturer to the client. 5. On-site activities shall include the growing of trees and shrubs, wholesale of plant materials, and retail sales limited to trees, shrubs, flowers, and other plant materials. 6. This permit shall expire with any subdivision of the property. 7. Activities on this site shall be subject to reasonable regulation, including future licensing, if deemed necessary by the City, through ordinance. All aye. Motion Carried. PUD CONCEPT REVIEW (BACKES) Mr. Dennis Backes of Brooklyn Center presented a concept plan for the development of 136 acres located along Elmcrest Avenue north of 140th Street (Wenzel property).as a mixed single-family/townhouse development. The concept plan was reviewed by the Planning Commission on September 25, 1996, and Mr. Backes requested time to resent the plan to the Council for guidance prior to preparation of a preliminary plat. Mayor Miron stated that because the City's Comprehensive Plan has not yet been approved, discussion of this proposal is premature. No action was required of the Council on the review. OCTOBER BUDGET WORKSHOP Staff recommended that the City Council conduct a workshop during October as part of its review of the City's 1997 budget. This workshop would cover potential public works projects during 1997, including streets and utilities. Barnes made motion, Leroux seconded, to schedule a Council workshop for Tuesday, October 29, 1996, at 7:30PM, to discuss potential public works projects during 1997, including streets and utilities as part of the City's 1997 budget. All aye. Motion Carried. :ity Council meeting of October 7, 1996 'age 5 Barnes made motion, Goiffon, recess tonight's meeting at 11:00PM until October 10, 1996, 7:OOPM, at the candidates' forum, Rice Lake Park Building. All aye. Motion Carried. Mary; Creager, City Jerk