HomeMy WebLinkAbout1987.02.02 CC Minutes15
MINUTES OF THE PROCEEDINGS OF THE HUGO CITY COUNCIL
February 2, 1987
The regular meeting of the City Council was called to order by Mayor George Atkinson
at 7:00 PM.
PRESENT: Bob Olson, Peltier, Potts, Vail, Atkinson
City Administrator - Ken Huber
3.0 Approval of Minutes
Motion made by Vail, Peltier seconded, to approve the minutes of January 19, 1987
as amended.
All aye. Motion Carried.
4.0 Approval of Claims
Motion made by Peltier, Potts seconded, to approve the General Claims for February 2,
1987 in the amount of $5,268.81.
All aye. Motion Carried.
Motion made by Peltier, Vail seconded, to approve the Utility Claims for February 2,
1987 in the amount of $3,952.32.
All aye. Motion Carried.
5.A. Permit to Conduct Snowmobile Races (Pete Nelson)
Mr. Peter J. Nelson, North Branch, Minnesota has made application to the City of Hugo
for a permit to conduct snowmobile races on Egg Lake on 2/8/87, from 9:00 AM to
approximately 5:00 PM. This race will be conducted similar to that sponsored by
the Hugo Lions Club in 1986. Mr. Nelson has indicated he has been in communication
with his carrier to provide any required insurance, and he will be contacting the
Washington County Sheriff's Department to secure the necessary permit from them
to conduct this activity. Mr. Nelson informs us there is approximately 23" of
ice on Egg Lake, and that all parking and activities will take place on the lake
with access to the lake coming from his property at 14529 Forest Boulevard. We
are not aware of any major problems that resulted from last year's race, and can
see no objection to the issuing of this permit.
Motion made by Peltier, Vail seconded, to grant a Special Use Permit to Peter Nelson
to hold a snowmobile race on Egg Lake on 2/8/87 from 9:00 AM to approximately
5:00 PM, subject to the following conditions:
1. Mr. Nelson to provide liability insurance for this event as required in 1986.
2. Mr. Nelson shall secure and pay for an off-duty police officer to be available
for this event.
3. The permit shall be issued for Feburary 8, 1987, only.
4. Mr. Nelson shall secure the necessary permit and approval from Washington County
to conduct this event.
All aye. Motion Carried.
Councilman Potts as well as Mayor Atkinson requested that the record show that the
City Council may, at its discretion, choose to deny a permit for such racing in the
future due to complaints received by the city from local residents.
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7.A. Appointment, to Board of Zoning Appeals
Mayor George Atkinson has indicated that he will be prepared to make a recommend-
ation regarding the appointment of the Planning Commission's representative to
the Board of Zoning Appeals at tonight's meeting. At earlier meetings of the
Council, appointment were made to the Board consisting of the Council represent-
ative (Art Potts),�representative from the community -at -large (Chuck Henry).
Motion made by Atkinson, Peltier seconded, that Ray Olson be appointed to the
Board of Zoning Appeals serving as the Planning Commission's representative.
All aye. Motion Carried.
8.A. Subdivision Request (Lynn Carlson)
Mr. Lynn Carlson has made application to for the subdivision of property described
as Lots 1-6, Block 10, Shadyside No. 4, in the City of Hugo. The request by
Mr. Carlson is 3 -fold, and is being made pursuant to Chapter 290 of the municipal
code: (1) Waiver of the formal subdivision requirements and allowing the subdivi-
sion of land by registered land survey, (2) Variance from the lot size, and (3)
the resubdivision of 6 existing platted lots in Shadyside #4 subdivision into
two buildable lots. The total square footage of the property in question is
approximately 31,620, and is zoned SFE requiring minimum one acre building lots.
The property is located at the southwest corner of Everton Avenue and 121st
Street. The request before the Council is somewhat unusual in that the indivi-
dual is requesting that the lots be increased in size as opposed to the typical
request of a lot size reduction within a certain zoning district. Because of
our municipal code requirements, if Mr. Carlson were to resubdivide this property
as requested, he would be required to comply with the current lot size recommend-
ation of one acre; therefore, his request for a variance. Mr. Carlson has stated
in his letter to the city that he's requesting a variance to reduce the current
number of buildable lots by combining the six existing smaller lots into two
large buildable lots. If approved by the City Council, Mr. Carlson will be
required to have a registered land survey prepared and approved by the Council
prior to recording at the County Recorder's Office. The Planning Commission
recommended approval of the subdivision request.
Motion made by Peltier, Vail seconded, to approve the request of Lynn Carlson
for subdivision of property described as Lots 1-6, Block 10, Shadyside #4 and
resubdivide them into two parcels: the first being identified as Lot 5 and 6
and the south 40' of Lots 1 and 2, and a second lot described as Lot 3 and 4 and
the north 80' of Lots 1 and 2, and 26' of vacated 121st Street. Approve waiver
of the formal subdivision requirements to allow the subdivision of land by
registered land survey. Approval of a variance from the lot size based on the
following: (A) Lower density potential, (B) Better setback requirements, (C) Pro-
vide for larger lots for building purposes, and (D) Less drainfields to contend with.
This resubdivision of Lots 1-6, Block 10, Shadyside #4 into two buildable lots,
as shown on the preliminary site proposal, is subject to compliance with 320-5G
of the City Code and all setback requirements.
All aye. Motion Carried.
8.B. Rezoning Request (Ray Wlaschin)
Raymond and Ramona Wlaschin, 9627 122nd Street North, have made application for
the rezoning of a 16.7 acre tract of land located south of 122nd Street at County
Road 8, from Agriculture to RR2. Although there was no specific reason given as
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February 2, 1987
to why Mr. Wlaschin wishes to rezone this property, we would asume from the sketch
provided that he is desirous to ultimately subdivide the property in question into
two parcels of land, one being 10 acres and the other being 6.7 acres in size. The
minimum acreage required in an agriculture zone for a residential dwelling is 10 acres,
and five acres in RR2. The areas surrounding the property in question .are currently
zoned agriculture. City records indicate that the past practice of the Planning
Commission and City Council regarding requests of this nature has not been favorable
toward the applicant. As a general rule, it is not regarded as a good planning
practice to look to rezoning solely for the purposes of accommodating the subdivision
of land.
At the January 28, 1987 regular meeting of the Planning Commission, action was taken
recommending denial of this request citing concerns regarding spot zoning, past
Planning Commission practice, and not setting a precedent for future requests of
this nature.
Motion made by Olson, Peltier seconded, to deny
the application of Raymond/Ramona Wlaschin to rezone 16.7 acres
from Agriculture to RR2 for the following reasons: (1) concern regarding spot zoning,
(2) past practice, and (3) not setting a precedent for future requests of this nature,
as per the Planning Commission recommendation.
VOTING AYE: Bob Olson, Potts, Vail, Atkinson
VOTING NAY: Peltier
Motion Carried.
B.C. Rezoning Request (Wolkerstorfer, Ramlo, Marier)
Messrs. Joe Wolkerstorfer, Joe Raiolo, and Joe Marier have made application for the
rezoning of a 27 acre tract of land located at the southwest corner of 170th Street
and County Road 57, from Conservancy to Agriculture. It is our understanding the
applicants' intend to ultimately subdivide the property in question pursuant to
city subdivision regulations. In 1986, the applicants made a similar request to the
Planning Commission and a public hearing was held; however, it was later discovered
that the legal description published in the paper was not consistent with the 27
acre tract of land in question; therefore, a new public hearing had to be held to
reconsider this request. For the purpose of residential development, conservancy
zones require a minimum 20 acre lot size and 10 acres in an AG zone. Again, it
would appear that this is a request to establish a zoning district for the purposes
of accommodating a subdivision of land sometime in the future. In addition to
being zoned conservancy, the property in question is also identified as lakeshore
on the city zoning map. This property is surrounded by conservancy districts; however,
the district to the north is currently zoned agriculture.
At the January 28, 1987 regular meeting of the Planning Commission, action was taken
unanimously recommending approval of this rezoning noting that the property abuts
on an agriculture zone, and the proposal to provide for 10+ acre lots is consistent
with the growth pattern in this area.
Motion made by Potts, Peltier seconded, to adopt ORDINANCE 1987-241, AN ORDINANCE
AMENDING CHAPTER 320 OF THE HUGO CITY CODE ENTITLED "ZONING" BY AMENDING THE
ZONING CLASSIFICATION OF THE DESCRIBED REAL PROPERTY.
VOTING AYE: Olson, Peltier, Potts, Vail, Atkinson
Motion Carried.
is February 2, 1987
8.D. Special Use Permit (Craig Elsner)
Craig and Lynn Elsner have made application for Site Plan Approval to construct
a metal pole building in an agricultural district for his personal use. The
property in question is 10 acres in size, and is generally described as 8776 130th
Street North (Section 26, T31N, R21W). The building proposed would be 40' in
width and approximately 60' in length. Mr. Elsner has indicated his request is
to accommodate the storage of his family car, tractor, hay baler, haw mower,
and other farm equipment on the site in question. Because the submitted site plan
was not dimensioned, it was difficult to determine the appropriate setbacks and
the number of buildings actually on the site at this time. The site plan indicates
the approximate location of the proposed building and the 30 x 80 hay.barn.
Mr. Elsner also noted a building he is going to tear down if he is permitted to
construct the building in question. The municipal code requires that in an agri-
culture zone, the maximum square footage of a farm building and accessory storage
is 3600 square feet for property less than 20 acres in size. Because the request
of Mr. Elsner would allow for the farm building and storage in excess of 3600
square feet, he is required to secure a special Use Permit to allow for the
additional building square footage. The Hugo Planning Commission unanimously
approved the Special Use Permit and site plan submited, subject to certain con-
ditions, at their January 28, 1987 regular meeting.
Motion made by Olson, Vail seconded, to approve the Special Use Permit for Craig
Elsner allowing for the construction of a 40 x 60 pole barn, subject to the fol-
lowing conditions:
1. The total square footage of the accessory buildings not exceed 4800 square ft.
2. An approved, fully -dimensioned site plan, indicating the exact location of
the building in question, be submitted at the time the building permit is
issued.
3. The buildings on site be used only for purposes permitted in an AG zone.
All aye. Motion Carried.
10.A. Cable Communication System Report
City Administrator, Ken Huber, submitted a draft report regarding the procedures
the city should following if it is desirous of attracting a cable communications
company to serve the City of Hugo. The information included in this report is
based on data received from the Commissioner of Commerce regarding the franchising
of cable communications companies by municipalities. Copies of this memorandum
have been forwarded to the City's Engineer and Attorney for ,their review. After
discussion of this report with the Council, Mr. Huber was directed to obtain
model franchise ordinances for the Council's review. -
11. Miscellaneous
The City Council was provided
the State's sales tax in that
the 6% sales tax.
Governor's
with information regarding the/proposed change in
local municipalities would no longer be exempt from
Motion made by Atkinson, Potts seconded, that the City Council authorizes the
staff to write a letter indicating City Council opposition to adding
6% sales tax to city purchases.
All aye. Motion Carried.
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February 2, 1987
The city staff was directed to contact former Mayor, Mike McAllister, and former
Councilmen, Charles Schwab and James Hauer, asking their presence at the next Council
meeting of 2/17/87.
Councilman, Deane Vail, inquired as to whether there was anything could be done
regarding the deterioration of the residence at 14663 Forest Boulevard. The house
has been vacant for over a year, and is in serious disrepair. The Building Inspector
and City Administrator will investigate as to what steps can be taken to have the
problem remedied.
Joe Holstad was present to discuss an error in property lines for property located
by Horseshoe Lake. Mr. Holstad was instructed to contact the City Administrator
during working hours to determine what has to be done to correct the property line
problem.
Motion made by Peltier, Potts seconded, to adjourn the meeting at 8:25 PM.
All aye. Motion Carried.
ki
Mary Creager, City erk