HomeMy WebLinkAbout1988.03.07 CC Minutes�3
MINUTES OF THE PROCEEDINGS FOR THE CITY COUNCIL MEETING OF MARCH 7, 1988
The regular meeting was called to order by Mayor Atkinson at 7:00 PM.
PRESENT: Peltier, Potts, Olson, Vail, Atkinson
City Attorney, Charles Johnson
City Administrator, Ken Huber
City Clergy;, Mary Ann Creager
APPROVAL OF MINUTES
Peltier made motion, Potts seconded, to approve the minutes of 2/15/88 as
submitted.
All aye. Motion Carried.
APPROVAL OF CLAIMS
Potts made motion, Vail seconded, to approve the General Claims for 3/7/88
in the amount of $39,873.16.
All aye. Motion Carried.
Vail made motion, Peltier seconded, to approve the Utility Claims for
•3/7/88 in the amount of $4,838.82.
All aye. Motion Carried.
REZONING REQUEST (ARCAND/KEYSTONE BUILDERS
Ms. Irene Arcand and keystone Builders, Inc., have made application to the
City of Hugo for the rezoning of 160 acres from agriculture to RRI. The
property in question is described as the Easterly 1/2 of the SE 1/4 of
Section 33, T31N, R21W, and the Western 1/2 of the SW 1/4 of Section .34,
T31N, R21W, and approximately 2.13 acres owned by Irene Arcand lying
north, northwest of County Road 10 in the NE 1/4 of the SW 1/4 of Section
5, T30N, R21W.
On March 2, 1988, the developers formally requested that the City Council
table this request to the March 21, 1988 City Council meeting allowing
them additional time to gather information necessary to respond to the
concerns and questions raised at the Planning Commission hearing.
Atkinson made motion, Potts seconded, to table the Irene Arcand/Keystone
Builders application for rezoning until the next regular City Council
meeting of March 21, 1988.
VOTING AYE: Peltier, Potts, Vail, Atkinson
VOTING NAY: Olson
Motion Carried.
ay
City Council meetinq of 3/7/88
MINOR SUBDIVISION (G. STROMAN
Gordon and Donna Stroman have made application to the City of Hugo for the
subdivision of a 20 acre parcel of land into two 10 acre tracts in an
agricultural zone identified as the N 1./2 of the NW 1/4 of the SE 1/4 of
Section 10, T31N, R21W, Washington County, Minnesota. The preliminary
survey was approved by the City Council on December 21, 1987.
Potts made motion, Peltier seconded, to approve the Minor Subdivision for
Gordon and Donna Stroman (Certificate of Survey #.3-7-88) and waiver of
formal platting requirements, to divide a 20 acre parcel of land into two
10 acre parcels in an agricultural district located in the N 1/2 of the NW
1/4 of the SE 1/4 of Section 10, T31N, R21W, Washington County, Minnesota,
subject to the following conditions:
1. Property lines must be identified on site by the applicant to assure
proper setbacks if required by the city building inspector.
2. Any commercial or industrial use of said property not specifically
permitted in an agriculture zone by the city shall be strictly
prohibited.
Driveway or drainage areas must include the installation of a minimum
15" metal corrugated culvert installed in a manner acceptable to the
city.
4. All fees relating to this subdivision shall be paid by the applicant
includinq cost of recordinq documents with Washington County.
5. No driveway shall be installed providing access to city roads or
county roads without first securing the needed permits from the
appropriate governmental agency.
b. 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.
7. The parkland dedication fee must be paid prior to recording of the
final survey.
B. Subdivision of this property should not create any landlocked parcels
owned by any party to this subdivision.
9. The filling or altering of any ditches on site is prohibited unless
approved in writing by the Rice Creek Watershed District and the City
of Hugo.
10. All conditions of the preliminary plat approval and final plat
approval must be met prior to the stamping of any deeds for recording
by the city clerk unless otherwise permitted by Council action.
All aye. Motion Carried.
REZONING REQUEST (GALLIVAN/GRANGER)
On behalf of Birchwood Builders, Inc., Ms. Orella Gallivan and Mr. Richard
Granger made application to the City of Hugo for the rezoning of a 42 acre
tract of land from RRI to SFE. The property in question is located north
of Lake Air Estates and south of the Bald Eagle Industrial Pari; west of
Highway 61. The property is generally described as the E 1/2 of the NW
1/4 of the NE 1/4 of Section -31, T31N, R21W, and the SE 1/4 of the SE 1/4
lying westerly of the railroad right-of-way in Section 31, T31N, R21W. The
City Council meeting of 3/7/88
north, west, and south borders of the property in question abut SFE
zones. It is the intent of the applicant to subdivide the property in
question into 28 one acre lots to be served by individual wells, sanitary
sewer, and surfaced streets. The proposal in question appears to be
consistent with previous development in the area. It would appear to be a
good use of the property in question in light of the current growth
patterns in the City of Hugo. The proposal before the City Council is a
change in general land use classification only. The actual use of the
property would be subject to review and controls via the formal
subdivision process. This matter was reviewed by the Hugo Planning
Commission at a public hearing on February 24, 1988. Following the public
hearing, the Hugo Planning Commission unanimously recommended approval of
the rezoning from RRI to SFE. The Planning Commission also recommended
approval of the preliminary plat for the property in question; however,
Mr. Granger has a considerable amount of work to do and approvals to
secure before said plat will be brought before the City Council for
consideration. Any rezoning of this property must be done by ordinance
requiring a 4/5's vote of the City Council. There were no oral or written
objections to this rezoning request at the City Council meeting of 3/7/88.
Potts made motion, Peltier seconded, to adopt ORDINANCE 1988-247, AN
ORDINANCE AMENDING CHAPTER 320 OF THE HUGO CITY CODE ENTITLED "ZONING" BY
AMENDING THE ZONING CLASSIFICATION OF THE DESCRIBED REAL PROPERTY.
VOTING AYE: Potts, Olson, Vail, Atkinson
VOTING NAY: Peltier
Motion Carried.
PRELIMINARY PLAT (J. k:OSTUCH/SUNNY CREEk; ACRES SUBDIVISION)
Mr. John Kostuch, Mr. Leon Nadeau, and Mr. James Olson have made
application to the city for the subdivision of an 18.5 acre tract of land
generally described as follows: The North 1166.2 feet of the South 1199.2
feet of the East 50 feet of the SE 1/4 of Section 14, T31N, R21W,
Washington County, Minnesota, and part lot #•?5 County Auditor's Plat #7.
The property in question is currently zoned SFU, and it is the intent of
the developer to create 16 buildable lots with a minimum lot size of one
acre that will be served by sanitary sewer. The Washinqton County
engineering department has indicated they have no comment on the
subdivision in question. Mr. Kostuch has stated that if this plat is
approved, he intends to pursue the installation of public improvements as
per the Planning Commission's recommendations. The Hugo Planning
Commission has reviewed this application on several occasions, and said
application comes to the City Council with the Planning Commission's
approval subject to compliance with the 18 special conditions agreed upon
by the developer. It should be noted that Mr. Kostuch has received
approval and a permit from the RCWD to proceed with this development as
per the approved drainage and storm water holding plan.
Olson made motion, Peltier seconded, to approve the preliminary plat for
John t-"ostuch, Leon Nadeau, and James Olson for the subdivision of an 18.5
acre tract of land generally.described as follows: The north 1166.2 feet
-1Z6
J,
City Council meet;`ng of 3/7/88
of the South 1199.2 feet of the East 50 feet of the SE 1/4 of Section 19,
T31N, R21W, Washington County, Minnesota, and part of Lot #-'S County
Auditor's Flat #7, subject to the following conditions:
1. A final plat must be submitted to the Council within 120 days of
preliminary plat approval or this approval shall be null and void.
2. All platting and recording requirements must be met prior to the
stamping of any deeds by the city clerk for recording with Washington
County.
3. Property lines must be identified on site by the applicants to assure
proper setbacks if required by the building inspector.
4. Any commercial or industrial use of said property, not specifically
permitted in this zoning district, shall be strictly prohibited.
S. All fees relating to this subdivision shall be paid by the applicant
including the cost of recording documents with Washington County.
6. The applicants shall pay a fee in lieu of parkland dedication per city
requirements.
7. Street lighting, as required by the city, shall be installed by NSP at
the 4pplicants' expense.
8. Mailbox: locations shall be identified on the survey and be approved by
the Hugo Post Office.
9. All lots within this subdivision development shall be a minimum of one
acre in size with no lot resubdivision.
10. Developer shall provide the city with a $5,000 financial deposit to
cover the cost of administrative, legal, and engineering review for
this project. Expenses over and above this amount shall be borne by
the developer.
11. All lots within this plat are to be sold for residential purposes
only.
12. All roadways within the subdivision development shall be improved with
bituminous surfacing as well as curb and gutter.
13. No lots will be sold within this development until improvements are
assessed against the benefitting lots.
14. No building permits shall be issued for the housing development until
sanitary sewer and improved roadways are installed to serve said lots.
15. Developer shall be responsible for the installation of bituminous
surfacing on 140th Street from Finale to Highway 61 to serve this
development.
16. All stormwater holding ponds on site are the responsibilities of the
property owner, and shall be maintained by same.
17. The developer shall enter into a development agreement with the City
of Hugo outlining the needed guarantees to insure proper development
and completion of this project as recommended by the city
administrator.
All aye. Motion Carried.
CITY HALL NEWSLETTER
In recent months, the city staff has been seriously considering a proposal
to send out a City Hall newsletter to inform Hugo residents of the many
changes that have taken place in the city in recent years. City Hall is
deluged with requests regarding basic kinds of information that we take
City Council meeting of 3/7/88
for granted and assume Hugo residents are familiar with. Some of the most
common questions that are raised involve office hours, meeting dates,
required permits, home occupations, when horses are permitted on site, doq
kennels, burning permits, animal control, requests for law enforcement
services, tax information, proposed development and road improvements, and
others. We feel that an annual City Hall newsletter would be most helpful
not only in making Hugo residents aware of what is going on in the
community, but to save the staff considerable time in fielding these
questions in the future. The staff has indicated a willingness to
assemble the newsletter with the pertinent information and take it to a
professional printer for layout and printing. I would estimate the cost,
not counting labor, at $1200 to $1500.
Atkinson made motion, Olson seconded, that the City Council authorize the
staff to proceed with the layout and distribution of a city newsletter in
an amount not to exceed $1,500.00.
VOTING AYE: Peltier, Olson, Vail, Atkinson
VOTING NAY: Potts
Motion Carried.
MISCELLANEOUS
Atkinson made motion, Peltier seconded, allowing the Mayor to sign the
interrogatories as prepared by the city attorney, on behalf of the city,
relative to the White Dear Rod & Gun Club litigation, and proceed with use
of the noise consultant as recommended by the city attorney.
All aye. Motion Carried.
POTTS vs. CITY OF HUGO
Potts made motion, Olson seconded, that the city send a letter to Gene
Sampson and others regarding the court's decision on parking of
semi -tractors and trailers in residential zones, and ordering removal of
said vehicles.
Because the Supreme Court's decision to not consider the city's appeal of
this litigation was so recent, Mayor Atkinson and Attorney Charles Johnson
suggested that this matter be tabled for further consideration.
Councilman Olson withdrew his second to the motion and motion died for
lack: of a second.
JEANETTE PFURTSCHELLER vs CITY OF HUGO ET AL
Atkinson made motion, Vail seconded,
be directed to represent the City of
Pfurtscheller vs City of Hugo et al.
All aye. Motion Carried.
that city attorney, Charles Johnson,
Hugo in the matter of Jeannette
y
City Council meeting of 3!7!88
CITY OF HUGO vs DAVID SCHUMANN
Att::inson made motion, Vail seconded, that the City Council authorizes the
Mardell Law Office to pursue the David Schumann auto dismantling license
through the civil courts and other issues through the criminal courts as
they see fit.
All aye. Motion Carried.
Council Vail inquired about the possibility of replacing the existing
wooden snow fence around the softball diamonds with either fiberglass or
plastic.
Olson made motion, Peltier seconded, to adjourn at 8:20 PM.
All aye. Motion Carried.
Mary A Creager, Cit`�
r k
City Hugo