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HomeMy WebLinkAbout1991.01.07 CC MinutesMINUTES FOR THE REGULAR CITY....C'OUNCIL. MEETING CjF--' JANLJARY_..-.7. 1991 Mayor George Atkinson called the meeting to order at 7:00 PM. PRESENT: McAllister, Jesinski, Atkinson City Administrator, Ken Huber City Attorney, Charles Johnson City Clerk, Mary Ann Creager McAllister made motion, Jesinski seconded, to approve the minutes for the regular City Council meeting of December 17, 1990 as submitted. All aye. Motion Carried. OATHS OF OFFICE The City Clerk administered the Oath of Office to Mayor -elect, Walter Stoltzman and Councilmen -elect, Bernard Brunotte and Fran Miron. Brunotte made motion, Miron seconded, to approve the claims for January 7, 19915 in the amount of $15,702.39' All aye. Motion Carried. DESIGNATION OF DEPOSITORY OF CITY FUNDS Currently, the official depositories for City funds are the Firstar Hugo Bank, the First National Bank of St. Paul, all Twin City Federal offices, the 4M Fund, and Marquette Bank of Minneapolis. Miron made motion, Jesinski seconded, to designate the Firstar Hugo Bank, the First National Bank of St. Paul, all Twin City Federal office, the 4M Fund, and Marquette Bank of Minneapolis as the City of Hugo's depositories for the year 1991. All aye. Motion Carried. DESIGNATION OF OFFICIAL NEWSPAPER Currently, the official newspaper for the City of Hugo is the Forest Lake Times. Both the White Bear Press and the Forest Lake Times have requested that they be appointed the official newspaper for the City of Hugo. After a lengthy discussion, and presentations by both newspapers, the following motion was made: Jesinski made motion, Miron seconded, to designate the White Bear Press as the City of Hugo's official newspaper for the year 1991. VOTING AYE: Brunotte, Jesinski, Miron, Stoltzman VOTING NAY: McAllister Motion Carried. APPO_1.'NT CITY ENGINEER Currently, Mr. Howard Kuusisto serves as the City engineer for the City of Hugo. City Council meeting of ,January 7, 1991 Page Miron made motion, Drunotte seconded, to appoint Howard KULISistO as City Engineer for the year 1991. All aye. Motion Carried. APPOINT CITY ATTORNEY Currently, Mr. Charles Johnson serves as the City attorney for the City of Hugo. Drunotte made motion, Miron seconded, to appoint Charles Johnson as City Attorney for the year 1991. All aye. Motion Carried. APPOINT CITY PROSECUTORS Currently, Mrs. Sarah Mardell and Mr. Richard Hocking serve as City prosecutors for the City of Hugo. Miron made motion, Jesink:si seconded, to appoint Sarah Mardell and Richard Hock:ing as City prosecutors for the year 1991. All aye. Motion Carried. APPOINT CIVIL DEFENSE DIRECTOR Currently, Mr. Ron Istvanovich serves as the civil defense director for the City of Hugo. Miron made motion, Drunotte seconded, to appoint Ron Istvanovich as the City's civil defense director for the year 1991. All aye. Motion Carried. APPOINT FIRE DEPARTMENT OFFICERS Currently, the Fire Department officers are as follows: Ron Istvanovich, Fire Chief, Jim Compton, 1st Assistant Chief, and Brett i.-.ostuch, end Assistant Chief. ,Jesi.nski made motion, Miron seconded, to appoint the following as Fire Department officers for the year 1991: Ron Istvanovich, Fire Chief, Jim Compton, 1st Assistant Chief, and Brett Vostuch, end Assistant Chief. All aye. Motion Carried. APPOINT ZONING ADMINISTRATOR Currently, the zoning administrator for the City of Hugo is City Administrator, Ken Huber, and the deputy zoning administrator is John Benson. City Council meeting of January 7, 1991 Page 3 Brunotte made motion, Jesinski seconded, to appoint Ken Huber as the City's zoning administrator, and John Benson, deputy zoning administrator, for the year 1991' All age. Motion Carried. APPOINTMENTS TO PLANNING COMMISSION Currently, there are three vacancies on the Planning Commission. Chairman, Dick Senkler, has indicated he does not wish to be reappointed, while Mayor Stoltzman has indicated that Bill Mezzano does wish to be reappointed. Stoltzmanmade motion, Miron seconded, to appoint Bill Mezzano to a four-year term on the Hugo Planning Commission. All aye' Motion Carried. Stoltzman made motion, Miron seconded, to appoint Theodora Peltier to a four -term term on the Hugo Planning Commission. VOTING AYE: Brunotte, Jesinski, Miron, Stoltzman VOTING NAY: McAllister Motion Carried. APPOINT CHAIRMAN AND SECR TARY TO PLANNING—COMMISSIOt,1 City ordinances require that the City Council appoint a chairman and secretary to the Planning Commission at the first regular City Council meeting in January. The former chairman of the Planning Commission was Mr. Richard Senkler and, presently, the secretary is Carole LaBelle. Stoltzman made motion, Miron seconded, to appoint Theodora Peltier as Chairperson of the Hugo Planning Commission for the year 1991. VOTING AYE: Brunotte, Jesinski, Miron, Stoltzman VOTING NAY: McAllister Motion Carried' Miron made motion, Brunotte seconded, to appoint Carole LaBelle as secretary to the Hugo Planning Commission for the year 1991' All aye. Motion Carried' APPOINTMENTS TO THE BOARD OF Z KING ADJU MENTS/APPEALS Currently serving on the Board of Adjustments and Appeals is Mr. Bob Ellman, who is the at -large citizens' representative. The Planning Commission will be recommending its appointment to the Board at their 1/23/91 regular meeting. Previously serving in that position was Deb Barnes. The City Council needs to appoint its representative to the Board. City Council meeting of January 7, 1991 Page 4 Brunotte made motion, McAllister seconded, to appoint Tom Jesins�;i as the City Council's representative on the Board of Adjustments and Appeals for the year 1991. All aye. Motion Carried. APPOINT ACTING MAYOR City ordinances require appointment of an acting Mayor to serve in the absence of the elected Mayor. Traditionally, the Council has appointed its most senior Councilmember as acting Mayor. Jesinsk-.i made motion, Miron seconded, to appoint Councilman McAllister as the Acting Mayor for the year 1991. VOTING AYE: Brunotte, Jesinski, Miron, Stolt man ABSTAINED: McAllister APPOINT ORDINANCE VIOLATIONS COMMITTEE The terms of Bob Olson (Council rep) and Bob Oswald (PC rep) on the Ordinance Violations Committee have expired. Appointments from the City Council and Planning Commission are needed. Stolt man made motion to amend Resolution 199(--)-41 substituting the word Mayor for Council -at -Large, where applicable. Motion died for lack. of second. Councilman McAllister questioned why this wasn't placed on the agenda, and that copies of the original resolution should be available to the Council and general public. He then ask:ed why the resolution should be changed. Mayor Stolt man said that a more experienced individual should be on the Committee. Councilman Miron questioned the need for the Committee noting that the City Administrator and staff are trained to deal with the 6::ind of issues assigned to the Committee. Councilman McAllister requested that this matter be tabled to the next meeting. Stolt man made motion, Miron seconded, to table this matter until the meeting of January 225 1991. All aye. Motion Carried. BOND MALE (RESOLUTION) As per Council direction, the staff and consultants have proceeded to secure quotations for the sale of $1.2 million in general obligation bonds for the funding of the City's C.I.P. road project, Phase 2. The Council received a draft resolution authorizing the sale of bonds. Mr. Bill Fahey was present to review the quotation with the City Council and made a recommendation regarding this bond sale. The low net -bid of 6.7898% was submitted by Piper, Jaffray €< Hopwood, Inc. City Council meeting of January ?, 1991 Page 5 Jes4::lnski made motion, McAllister seconded, to adopt RESOLUTION 1991-1 RESOLUTION ACCEPTING BID ON SALE OF $1,210,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1991, PROVIDING FOR THEIR ISSUANCE, AND LEVYING A TAX FOR THE PAYMENT THEROF. VOTING AYE: Brunotte, Jesinski, McAllister, Miron, Stolt man Motion Carried. REZONING REQUEST (M. WEGLEITNER) Mr. Martin Wegleitner has made application to the City of Hugo for the rezoning of an 60 acre tract of land from SFE to SFU. The property in question consists of the southeast 1/4 of the northeast 1/4 of Section 20, T_3IN, R21W, and the east 1321 ft. of Gov't Lot 2, Section 20, T.?IN, R21W, in the City of Hugo. It is our understanding that the applicant intends to subdivide this property at a later date for residential lots of less than one acre in size. The property in question is located east of Geneva Ave. and north and south of 145th St. The property owners have been informed that if they are desirous of subdividing this property at a later date,*access to the site must be provided by bituminous roads, the extension of sewer and water to the site, and an acceptable stormwater plan will be required. It has been brought to our attention that the site in question is currently located adjacent to a licensed shooting preserve. The majority of the area north of the site in question is zoned SFU, while the area to the east is conservancy, and the areas south and west are RR1. The Planning Commission considered this request at their meeting of October 24, 1990, and recommended approval of the rezoning based on the following findings: 1. Site is within the M.U.S.A. 2. Site could be served by utilities. 3. Access to the site is adequate. 4. Consistency with Comprehensive Flan, and previous Planning Commission action in surrounding areas. 5. Request is not detrimental to health, safety, and general welfare of surrounding area. Numerous individuals appeared at the PC meeting, and voiced their objection to allowing development on lots of less than one acre. Concerns regarding storm -water drainage were also raised. Mr. Wegleitner appeared at the City Council meeting of December .Y, 1990 and requested that his application for rezoning be addressed by the City Council on January ?, 1991. Marty Wegleitner addressed the Council stating that the property will not be used as a mobile home parF:: or for multi -family housing. The property is zoned for single-family residences now. It was his opinion that residential growth was important to Hugo, and would encourage growth of business within the community. Councilman McAllister stated that he was familial with Hugo water problems, and in his opinion, the property could not support this intense of a development (1 homes). Councilman Miron also felt that the proposed density was too intense. Jim Merila made a City Council meeting of January -7. 1991 Page b presentation showing the wetlands and the different soils in the area of the property to be rezoned. McAllister made motion, Miron seconded, to adopt an ordinance to rezone the SE 1/4 of the NE 1/4 of Section CCS, T31N, R21W, and the east 1,321' of Govt't Lot, Section 20, T31N, R21W, from SFE to SFU. VOTING AYE: Brunotte and Jesinski VOTING NAY: McAllister, Miron, Stoltzman Motion Failed. SITE PLAN APPROVAL (J. SRASSIL) Mr. James Brassil has made application to the City of Hugo for site plan approval to construct an accessory building on his property at 57 2() 147th Street North, Hugo, MN. In the fall of 1990, Mr. Brassil discussed his proposal with the City Building Inspector, and was informed he would need a building permit and site plan approval to construct the structure in question. The City requires a site plan approval as the building proposed is residential in nature, and is being constructed in a CH district. Mr. Brassil proceeded with the construction of this building without securing the required permits, after his discussions with the Building Inspector. On December 5, 1990, the Building Inspector ordered the work:: stopped on the accessory structure, and Mr. Brassil has now made application for the appropriate permits. Please refer to the enclosed letter from Mr. Brassil regarding his request to waive the site plan permit fees. It should be noted that the City Council policy, regarding proceeding with construction prior to securing permits, has been to charge double -permit fees. According to the Building Inspector, the structure meets sideyard setback:: requirements, however, a ='0' rear yard setback:: is required in a CB zone, and Mr. Brassil is locating the building 10' from the rear property line. In reviewing this site plan, it does appear that the structure in question can be located on site to meet the required 30' rear yard setback:.. Mr. Brassil was present at the meeting and stated that he was aware of the requirements for construction of the building. The building is not on a permanent foundation, and Mr. Brassil stated that he would be able to move the building to comply with setback:: requirements, if required. McAllister made motion, Miron seconded, to approve the site plan application of Mr. James Brassil of 5720 147th Street to construct an accessory building on his property. Approval is subject to the following special conditions: 1. Building to be relocated to meet building setback: requirements. 2. Applicant to obtain valid building permit. 3. Applicant to pay double building permit fee for constructing the building without a permit. 4. Applicant to pay residential site plan fee rather than CB district fee. All aye. Motion Carried. City Council meeting of ,January 7, 1991 Page 7 REZONING REQUEST (S. ACHMAN) Mr. Sam Achman of 8805 122nd St. No., has made application to the City of Hugo for the rezoning of a ten acre tract of land from Agricultural to RR2. It is ultimately Mr. Achman's intent to subdivide the property in question into two five acre parcels. The property is generally described as the NW 1/4 of the SW 1/4 of the SE 1/4 of Section 35, T31N7 R21W, Washington County, Minnesota. The site in question abuts an RR2 district to the north, south, and west, and it is adjacent to an agricultural district on the east. The property is currently used for residential purposes. The Planning Commission considered this matter at their meeting of December 26, 1990►, and unanimously recommended approval of the rezoning request. If the City Council feels that the request in question is consistent with the comprehensive plan and development in the surrounding area, the appropriate action would involve approval of the appropriate ordinance rezoning the property in question from Agricultural to RR2. Miron made motion, McAllister seconded, to adopt ORDINANCE 1991-267, AN ORDINANCE AMENDING CHAPTER •_,20► OF THE HUGO CITY CODE ENTILED "ZONING" BY AMENDING THE ZONING CLASSIFICATION OF THE DESCRIBED REAL PROPERTY. VOTING AYE: Brunotte, ,JesinsE;i, McAllister, Miron, Stolt man Motion Carried. REZONING REQUEST (D. PUGH) Mr. Drexel Pugh and Brian Speese have made application to the City of Hugo for the rezoning of a one acre parcel of land currently zoned Retail Business to Single Family Estate. The property is legally described as that part of the south 20► acres lying east of STH No. 61 of the N 1/2 of the NW 1/4 of Section 29, T31, R21, Washington County, Minnesota, described as follows: Beginning at the intersection of the easterly right-of-way line of the new STH 61 and a line 248 ft. south of the north line of said south 20► acres; thence easterly and parallel to the north line of said 20 acres, 384.08 ft; thence South at right angles, 140► ft; thence westerly'to a point on said easterly right of -way line being 10►8.81 ft. southwesterly of the point of beginning; thence northerly along said right-of-way line 10►8.81 ft to point of beginning. The property in question is approximately one acre in size, and it is the intent of Mr. Pugh to sell the property for the construction of a single family residence. The site in question is bordered by a retail business district on the north, east and south, and is bordered by an industrial district on the west. In making this request, the staff informed Mr. Pugh that to meet the front yard setback: requirement, a house would have to be located -to the rear of the lot. The property in question has 108 ft. on Highway 61 which would be primary access to the site. In reviewing this request, -the City Council should carefully consider the following: 1. The desirability of spot -zoning. 2. The limited retail business districts in the City of Hugo. 3. Other development activities in the surrounding area. 4. The impact of a residential development within an RB district. City Council meeting of January 7, 1991 Page 8 The Planning Commission considered this request at their meeting of December 26, 1990, and by a split vote, recommended approval of the rezoning request. If the City Council considers the request in question to be consistent with the comprehensive plan and development within the area, the appropriate action would be approval of an ordinance rezoning the property. Miron made motion, McAllister seconded, to adopt ORDINANCE 1991-268, AN ORDINANCE AMENDING CHAPTER 320 OF THE HUGO CITY CODE ENTITLED "ZONING" BY AMENDING THE ZONING CLASSIFICATION OF THE DESCRIBED REAL PROPERTY. VOTING AYE: Brunotte, Jesinski, McAllister, Miron, Stolt man Motion Carried. MINOR SUBDIVISION (P. NADEAU ) Mr. Pierre Nadeau of 6644 24th Avenue, Lino Lal:: es, MN., has made application to the City of Hugo for a minor subdivision and waiver of the formal platting requirements to subdivide a 19.86 acre tract of land into two parcels, one of ten acres, and one of 9.86 acres. The property is :coned agricultural, and is described as the N 1,'2 of the SE 1/4 of the SIJ 1/4 of Section 18, T31N, R21W Hugo, MN. The site is located west of Everton Avenue, approximately 1/2 mile north of County Road 8A. The applicant has indicated that the ultimate intent is to construct a single family residence on the site in question. The Planning Commission considered this request at their meeting of November, 28, 1990, and recommended approval of this subdivision request and waiver of the formal platting requirements.l. All conditions of survey approval must be met prior to the stamping of any deeds for recording by the city cler4:: unless otherwise permitted by Council action. Miron made motion, Stoltzman seconded, to approve Certificate of Survey #1-7-91, and waiver of the formal platting requirements, for Pierre Nadeau to subdivide a 19.86 acre tract of land into two parcels, one of 10 acres and one of 9.86 acres. The property is described as the N 1/2 of the SE 1/4 of the SW 1/4 of Section 18, T31N, R21W. Approval is subject to the following special conditions: 1. All conditions of survey approval must be met prior to the stamping of any deeds for recording by the City Clerl:: unless otherwise permitted by Council action. 2. The property lines on site must be identified by the applicants to assure proper setbacks when buildings are to be constructed if required by the building inspector. 3. Proposed driveways or drainage areas within the development must include installation of a minimum 15" diameter corrugated metal culvert in a manner acceptable to the city. 4. No building permits shall be issued until the survey has been approved and recorded with Washington County. 5. Securing the required permits from the watershed district is required prior to final survey approval. 6. All fees relating to this subdivision shall be paid by the applicant including the cost of recording documents with Washington County. City Council meeting of January 7, 1991 Page 9 7. Percolation tests for each buildable site must be submitted to the City prior to final survey approval. 8. Payment of flee in lieu of parkland dedication, in the amount of $350.00, shall be made to the City prior to final plat approval. 9. No improvements, landscaping, or grading shall be permitted in the defined drainage areas without the express written authorization of the City and the approved watershed district. 10. Developer shall comply with all requirements and restrictions applicable to identified flood zones. 11. Precise descriptions of all parcels to be subdivided should be included. 12. Property irons identifying the lot corners must be found and/or set as a part of this survey approval. 13. The 500 year flood zone area must be shown on the survey. 14. The lowest floor elevation of any dwelling must be above elevation 914' MSL. All aye. Motion Carried. CITY PROSEcuTOR'S REPORT City Prosecutor, Richard Hocking, reported on the Tara Arhip and David Schumann legal matters. City Attorney, Charles Johnson, reported on the Round Lake sudivision, Joe Stanek, and White Bear Rod and Gun Club legal matters. ADJOURNMENT McAllister made motion, Miron seconded, to adjourn at 9:25 PM. All aye. Motion Carried. Mary Ani Creager, City ler.