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HomeMy WebLinkAbout1988.08.01 CC Minutesy3 MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF AUGUST 1 1988 The meeting was called to order by Mayor Atkinson at 7:00 PM. PRESENT: Olson, Peltier, Potts, Vail, Atkinson City Administrator, Ken Huber City Attorney, Charles Johnson City Clerk, Mary Ann Creager Peltier made motion, Vail seconded, to approve the minutes for the regular City Council meeting of July 18, 1988 as submitted. All aye. Motion Carried. Potts made motion, Peltier seconded, to approve the minutes for special City Council meeting of July 21, 1988 as submitted. All aye. Motion Carried. Peltier made motion, Vail seconded, to approve the General Claims for August 1, 1988 in the amount of $15,925.79. All aye. Motion Carried. Vail made motion, Potts seconded, to approve the Utility Claims for August 1, 1988 in the amount of $5,861.53. All aye. Motion Carried. REVOCATION OF AUTO DISMANTLING LICENSE (R. DUPAUL) As per Council direction, a notice of hearing was published in the city's legal newspaper requesting that Mr. Roger Dupaul and Mr. Norman Horton appear before the Council and show cause why the auto dismantling license for Modern Auto Parts should not be revoked. On May 2, 1988, a similar hearing was held at which Mr. Roger Dupaul appeared and stated that he was in compliance with most of the city requirements for issuance of said license. Mr. Jim Flannery, speaking on behalf of Mr. Dupaul, stated that he has complied with most of the city requirements, and that he agrees to the following, and will be in compliance by the May 16th Council meeting: 1. Cash or a letter of credit, in the amount of $1,500.00, will be provided to the city as per the license requirement. 2. The exact legal description of the property for which the license is issued will be provided to the city. 3. No vehicles will be parked outside of the fenced area adjacent to Highway 61 at the Modern Auto Parts location. 4. The auto dismantling license will be signed by Mr. Dupaul and returned to the city. As of July 27, 1988, none of the above referenced items have been complied with. Mr. Dupaul, still as of this date, has not signed the auto dismantling license and returned it to the city which allows him to continue operation. With the exception of a temporary permit issued by the City Council in December of 1987, the last auto dismantling license issued to Mr. Roger Dupaul, and signed by him, was in 1986. y�/ City Council meeting of 8/1/88 Page 2 Although the city has received notice from Washington County that Mr. Dupaul is now operating the auto dismantling yard within the scope of public health requirements, Mr. Dupaul still has refused to comply with city requirements although he has verbally agreed to do so on many occasions. City Attorney, Charles Johnson, was present at the Council meeting to advise the Council on whatever direction they wish to take in securing compliance with city requirements or revocation of Modern Auto Parts' license (if applicable). Mr. Roger Dupaul was present at the meeting, and addressed above referenced conditions as follows: 1. Before he would be willing to provide the required financial guarantee Mr. Dupaul would like to see more language in the permit as to "limits" as far as when the money could be drawn on by the city. 2. Mr. Dupaul stated that the previously submitted site plan was as much as he could do in describing the property for which the license is issued without having a survey done. 3. Mr. Dupaul admitted to parking "one or two cars" outside of his fenced area, but did not feel there was a parking problem at his business. Mr. Dupaul stated that he would not park: cars outside of the fenced area again. 4. Mr. Dupaul stated that some of the items in the approved license do not pertain to him, and was interested in negotiating some of the items with the city administrator. Atkinson made motion that the City Council deny the request of Roger Dupaul to renew the Auto Dismantling License for Modern Auto Parts, 16813 Forest Boulevard, for 1987/88 for the following reasons: 1) failure to comply with the conditional approval on May 2, 1988, and 2) disregard for the licensing procedures of the city. Atkinson withdrew his motion. Atkinson made motion, Potts seconded, directing the city attorney to draft a resolution denying the request for renewal of the Auto Dismantling License by Roger Dupaul DBA Modern Auto Parts, 1681.' Forest Boulevard, Hugo, Minnesota for the following reasons: 1. Failure to comply with conditions of the City Council made at the regular Council meeting of May 2, 1988. 2. Previous history of failure to comply with conditions of Auto Dismantling License. 3. Disregard for licensing procedures of the City of Hugo. All aye. Motion Carried. SPECIAL USE PERMIT (D. GROVE) David and Leah Grove have made application to the City of Hugo for a Special Use Permit to house two horses on their property located at 16210 Harrow North, Hugo, Minnesota. The property in question consists of approximately 5.6 acres, and is generally described as a part of City Council meeting of 8/1/88 Page 3 Government Lot 1, Section 9, T31N, R21W, in the City of Hugo. Housing of horses in an RR2 residential zone requires a SUP. Mr. Grove secured a permit from the city earlier this year to construct the pole barn on his property located northwest of the residence. The staff has reviewed the plan and can see no objection to the proposal. The Planning Commission reviewed this request at their July 27, 1988 regular meeting citing concerns regarding the confinement or corral area for the horses. Mr. Grove identified where the horses would be allowed to roam on the site. Mr. Grove also agreed to identify on the site plan where the confinement area for the horses would be located. The Planning Commission recommended approval of the SUP subject to special conditions and compliance with the site plan as submitted. Potts made motion, Peltier seconded, to approve the application of David and Leah Grove for a Special Use Permit to house two horses on their property located at 16210 Harrow Avenue, Hugo, Minnesota. The property is generally described as a part of Government Lot 1, Section 9, T31N, R21W, Hugo, Washington County, Minnesota. Approval is subject to the following special conditions: 1. Animals be restricted to the areas identified on the site plan, and no animal be allowed to graze within 300' of the One[ -.:a Lake shoreline. 2. Permit approval shall be subject to any recommendations from the DNR. 3. A fully -dimensioned site plan must be provided showing the precise location of buildings and corral area for future reference. 4. All fees relating to the review and issuance of this permit shall be paid by the applicant including the cost of recording this permit with Washington County. 5. All activities shall not cause the altering of any watercourse, ditch, or drainage system. 6. The applicant must provide access to the referenced site for periodic inspections to assure conformance with this permit. 7. Any revisions to the approved site plan must be reviewed by the Planning Commission and approved by the City Council.' 8. Number of animals on site shall be limited to two horses. 9. No commercial use of this property shall be permitted. 10. All applicable conditions of this permit must be met within 30 days unless otherwise stipulated in this permit. If these conditions are not met, the permit shall be null and void. 11. Animal feces to be disposed of a minimum of 300' from Oneka Lake shoreline. All aye. Motion Carried. REZONING REQUEST (M. LENGYEL) Mr. Mike Lengyel has made application to the City of Hugo for a rezoning of a 20 acre tract of land identified as the south 1/2 of the southwest 1/4 of the southeast 1/4 of Section 35, T31N, R21W, Washington County, Minnesota. The property is currently zoned agricultural, and he is requesting that it be rezoned to RR2 for future subdivision into four 5 acre lots. The property abutts an RR2 zone to the west and agricultural zone to the north and east. The south boundary of the property in City Council meeting of 8/1/88 Page 4 question is the corporate limits of the city. Copies of this rezoning request have been forwarded to Grant Township for their review. The city's comprehensive plan allows for a minimum lot size outside of the urban service area of five gross acres. The proposal in question would appear to be consistent with the city's comprehensive plan, and with the development within the RR -2 areas to the west and north of the site in question. The Planning Commission held a public hearing on this matter July 27, 1988. Mr. Mike Ball appeared at the hearing, and raised some questions in regard to how the property would be subdivided once rezoned. There were no objections raised to the rezoning of the property as requested. The Planning Commission discussed this matter in depth, and indicated that the proposal appears to be consistent with the city's comprehensive plan and other development in the that area. The Planning Commission unanimously recommended approval of the rezoning in question. Atkinson made motion, Vail seconded, to adopt ORDINANCE 88-250, AN ORDINANCE AMENDING CHAPTER 320 OF THE HUGO CITY CODE ENTITLED "ZONING" BY AMENDING THE ZONING DISTRICT CLASSIFICATION OF THE DESCRIBED REAL PROPERTY. VOTING AYE: Olson, Potts, Vail, Atkinson VOTING NAY: Peltier Motion Carried. AMEND PLANNING COMMISSION BY-LAWS Chapter 240 of the municipal code provides for the creation of the Planning Commission and allows for creation of the operating policy of the Commission. The current operating policy (Article 6, Section 2) requires that to have a quorum four members of the Commission must be present, and the number of votes necessary to transact business shall be three. On two occasions in the last 12 months, the city has failed to produce a quorum at the Planning Commission meeting although there was an -adequate number of members present to transact business. In both of those cases the Planning Commission had to adjourn to another date creating great inconvenience for Hugo residents, city staff, and those Planning Commissioners who were in attendance at these adjourned meetings. The city was nearly faced with a similar situation at their July 27th meeting, but was able to get a fourth member to attend 1/2 hour before the meeting was called to order. The question raised at an earlier meeting is why the Planning Commission meeting had to be adjourned to another date when there were enough members present to transact business. As a result of these incidents, the city attorney was contacted regarding how to resolve this matter. The city attorney has recommended that the city reduce the number required to constitute a quorum of the Planning Commission to three members, and the city could avoid this type of problem in the future. The staff is recommending that Article 6, Section 2, of the Planning Commission's operating procedures be amended to read as follows: "A quorum shall consist of three (3) members. Number of votes necessary to transact business shall be three (3)." q7 City Council meeting of 8/11188 Page 5 Atkinson made motion, Peltier seconded, that the Planning Commission by laws (Article b, Section 2) be amended to read as follows: "Number of votes necessary to transact business shall be three (3). A majority vote of those present is necessary to forward a recommendation to the City Council. All aye. Motion Carried. VARIANCE (G P< H BUILDERS/GRANGER) G & H Builders and Terry Granger have made application to theCity of Hugo for a variance to construct a 792 square foot oversize garage (720 square feet is allowed). The property in question is located at 5598 141st Street North. This matter was reviewed by the Hugo Board of Zoninbg Adjustments on July 27, 1988, and they recommended approval of the variance. Potts made motion, Vail seconded, to approve the variance request of G & H Builders/Terry Granger, to construct an oversize garage of 792 square feet at 5598 141st Street North. All aye. Motion Carried. MISCELLANEOUS Mayor Atkinson received a letter from Governor Perpich regarding CELEBRATE MINNESOTA 1990. He asl%ed that city staff discuss this with the Hugo Lions for possible incorporation with Good Neighbor Days. Mayor Atkinson received a report from the sheriff's department regarding regulations for wheelers. This matter will be discussed at a later date. A number of Hugo residents were present to express their displeasure with the city's policy of basing their sewer rates on the spring quarter of April, May, and June. They felt that their future bills, based on this quarter, is not an accurate measure of water entering the city's sanitary sewer system. The large water usage was a result of the unforeseen drought this year, and they felt that the last quarter of the year, or first quarter would be more equitable. Atkinson made motion, Potts seconded, to adopt RESOLUTION 88-35, RESOLUTION AMENDING SANITARY SEWER RATES. All aye. Motion Carried. The city administrator discussed the improvement of the area west of City Hall to be used as a park:inq lot for the Fire Department, and the City Council advised him to go ahead with the project. City Council meeting of 8/1/88 Page 6 Attorney Johnson was directed to respond to Sampson's attorney letter of claim on behalf of the city. Peltier made motion, Olson seconded, to adjourn at 9:00 PM. All aye. Motion Carried. Mary?�n,Creager,