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HomeMy WebLinkAbout1990.01.16 CC MinutesMINUTES FOR THE CITY COUNCIL MEETING OF JANUARY 16,j9 The meeting was called to order by Mayor Atkinson at 7:01 PM. PRESENT: McAllister, Jesinski, Olson, Atkinson City Attorney, Charles Johnson City Clerk, Mary Ann Creager ABSENT: Deane Vail Jesinsk-i made motion, Olson seconded, to approve the minutes for the regular City Council meeting of January, 1990 as submitted. All aye. Motion Carried. Olson made motion, Atkinson seconded, to approve the claims for January 16, 1990 in the amount of $23,880.30. All aye. Motion Carried. SPECIAL USE PERMIT VIOLATIONS - STANFORD KRUEGER The City notified Mr. Stanford Krueger to appear before the City Council at their regular meeting of 1/16/90 to discuss why he has failed to comply with conditions of his Special Use Permit approved in 1987 by the City Council. Mr. Krueger's initial request was to allow construction of an accessory building prior to construction of the principal residence on his property described as the NW 1/4 of the NE 1/4 of Section 33 T31N, R2.1W, Washington County, Minnesota. In his presentation before the Planning Commission and City Council, Mr. Krueger emphasized that the building would be used to store his farming equipment and harvested crops, as well as his residential needs, once his home is built. The permit was approved by the City Council in 1987, and Mr. Krueger agreed to comply with all conditions of the permit including the construction of his home by December of 1988. In the fall of 1988, Mr. Krueger appeared before the City Council stated that because of financial conditions, he was unable to construct his home and requested a one-year extension to comply with the conditions of the Special Use Permit. The City Council granted the extension through 12/7-1/89. On November 20, 1989, at approximately 1:00 F'h1, the city administrator visited the site in question located at 6909 132nd Street North, Hugo, MN. Mr. Stanford Krueger was present on the site and accompanied the city administrator as he viewed the grounds and the east 1/2 of the storage building constructed under the SUP. It was noted during the inspection that the property to the north and south of the building was not being farmed, and had not been farmed for some time. There was no farm equipment or harvested crops being stored in the building. Mr. Krueger was loading pallets of boxes onto shelving by use of a farm tractor with a forklift on the front. It was obvious from the inspection that the property was not being used for farm purposes, and the structure in question was being used for some type of commercial/indus- trial storage. In the course of the inspection, the administrator asked to view the west 1/2 of the building, and was denied entrance by Mr. Krueger. During the city administrator's conversation with Mr. Krueger, the owner stated that as soon as he puts his Vadnais Heights home up for sale and sells it, he intends to fence in his property and run some cattle in it and proceed with the. building of a residence an site. Mr. Krueger City Council meeting of January 16, 1990 Wage has made no attempt to submit any house -construction plans or secure a building permit for the construction of a residence on this site. As of 12/31/89, the City staff is considering Mr. Stanford k:rueger's $1,00(--) deposit as forfeited, and is seeking the direction of the City Council with regard to legal action to force removal of the building from the site for failure to comply with condition numbers ?, 8, and 10 of the SUP. Mr. Krueger was present at the meeting, and presented the Council with copies of his contract for deed, an ingress/egress easement to his property, and a certificate of survey. Mr. Krueger attempted to explain why he could not pay off his contract of deed until 1992 preventing him from obtaining a building permit. After review of the contract for deed, City Attorney, Charles Johnson, stated that he did not see any impediment to obtaining a building permit on the 40 acres. Mr. Krueger stated that obtaining a mortgage would be the problem. The Council asked whether Mr. Krueger had denied the city administrator access to his building, and Mr. Krueger stated that he had, and that Mr. Huber should have made an appointment to inspect the site. Mr. Krueger stated that he owns a manufacturing business (farm toys) in Becker, Minnesota, and that he uses his pole building in Hugo to store merchandise related to his Becker business. At 7:25 PM, Councilman McAllister requested that Mr. Krueger accompany him and Ron Otk%in to the pole building site to make an inspection. Upon returning at 7:50 PM, the meeting was reconvened when i was learned that Mr. Krueger did not have his keys with him to gain entrance to the building. Mayor Atkinson stated that he was willing to consider a short extension to the building permit requirement only after assurance that Mr. Krueger is in compliance with Condition #3. Mr. Krueger stated that he would not be able to move his farm toys and related items over night, and it would take him some time to find a place to rent. It was the general consensus of the Council present that the City has been more than fair in trying to accommodate Mr. Krueger and his requests for extensions, and that the City took Mr. Krueger at His word that the building would be used for what he stated - farm related activities. After an inspection of the building in question by City staff, and assuming their are violations of the permit, the Council would proceed with revocation of Mr. k-:rueger's permit. Attorney Johnson stated that the procedure for revocation of a Special Use Permit is the same as the process for obtaining a rezoning. Atkinson made motion. Olson seconded, that the City Council refers this matter to the Planning Commission to hold a public hearing to give Stanford Krueger an opportunity to show cause why his SUP should not be revoked. The Council suggests that the public hearing be held during the regular PC meeting in March, 1990. All aye. Motion Carried. GARAGE VARIANCE REQUEST Mr. John Murlowski of Timbercraft Enterprises, Inc., has made application to the City of Hugo for a variance to construct a 796 square foot attachec garage to an eXecutive home being built at 1.2150 Upper Heather AvFanue NO. (Lot 9, Bl.ocl:: 1, Del lwood Ridge) . This variance rE'quest cons isf.ent. with previous Council action regtarding the: granting of variances for over -sized garages. City Council meeting of January 16, 1990 Page _ JeskinsE::i made motion, Olson seconded, to approve the variance request of Timbercraft Enterprises to construct a 796 square foot attached garage to a home being built at 12150 Upper Heather Avenue North ak.a Lot 9, Block 1, Dellwood Ridge. Garage to be used for residential purposes only. All aye. Motion Carried. TEMPORARY MOBILE HOME PERMIT REQUEST Mr. John Murlowski of Timbercraft Enterprises, Inc., has requested Council authorization to move a construction trailer onto the site at 12150 Upper Heather Avenue North during the construction of the home on said property. The term of the permit would run from February 1, 1990 to April 30, 1990. The structure is to be used for a construction shack; only, and no sales or other commercial activity shall take place in the structure. The City staff saw no problem with the approval of this construction trailer as this type of building is somewhat common on construction sites; however, staff did recommend that said approval state that no other activities may take place in the trailer, and the trailer must be removed by April 30, 1990 or before a certificate of occupancy is issued, whichever comes first. Sonny Lange, sales representative for Timbercraft Enterprises, was present and agreed to the stipulation that no sales activity will take place in the trailer. Atkinson made motion, McAllister seconded, to approve the temporary mobile home application of Timbercraft Enterprises to move a construction trailer onto the site at 12157 Upper Heather Avenue North aka Lot 9, Block 1, Dellwood Ridge, during the construction of the home on said property. The structure is to be used as a construction shack; only, and no sales or other commercial activity shall take place in the structure. This peratit shall become effective 1/1/90 and terminate 4/._NO/90 or before a certificate of occupancy is issued, whichever comes first. All aye. Motion Carried. GARAGE VARIANCE REQUEST Mr'. Don Torqerson has made application to the City of Hugo for a variance to put an addition on his existing garage at 472(_) 122nd Street North, Hugo, MN (Govt Lot 0, Section 31, T31N, R214l, Washington County, MN) . The 14' x 24' garage addition would bring the total square footage of accessory building os-, site to 864 square feet. The property is zone SFE, and is appro::imately one acre in size. The request in question would be consistent with the City Council's current policy regarding issuance of variances for garages up to 1,000 square feet in size. Olson made motion, JesinsF::i seconded, to approve the variance request of Don Torgerson to put a 14' .c 24' addition on his existing garage at 472? 122nd Street North (Govt Lot C), Section 31, T31N, R21W). The garage to be used for residential. purposes only. All. aye. Motion Carried. City Council meetinq of January 16, 1990 Page 4 PURCHASE OF POLICE SQUAD CAR As per previous Council authorization, the City has budgeted for the purchase of a police squad car from the equipment certificate fund. For the past several years, the City has purchased squad cars through a group -purchase arrangement with Washington County. Although the squads are operated and maintained by the County, the ownership of the vehicle is held by the City of Hugo. The fleet purchase of sheriff's squard cars in 1990 is with Viking Chevrolet for a 1990 Chevrolet Caprice automobile. The total estimated cost of the vehicle is $12,800. The City staff is requesting Council authorization to proceed with the ordering and purchase of the vehicle in question along with Washington County's fleet purchase arrangement. McAllister made motion, Jesinski seconded, that the City of Hugo authorizes the ordering and purchase of a 1990 Chevrolet Caprice police squad car, in the amount of approximately $12,800, along with the Washington County's fleet purchase arrangement. All aye. Motion Carried. 1990 PARAMEDIC SERVICE CONTRACT The City of White Dear Lake has sent the City a 1990 addendum to the contract for paramedic services. Lased on the formula established by the City of White Pear Lake, they are requesting an increase in the service contract to $10,841 minus an $817 credit adjustment credit for 1988. The total amount due in 1990, based on the enclosed addendum, is $10,024. This contract was discussed by the City Council during budget review, at which time the Council budgeted a reduction in the City's participation in this paramedic contract. The total funds budgeted for this contract in 1989 was $9,783, and this amount was reduced to $9,215 with the 1990 budget approval. The Council agreed that no change should be made at this time regarding our paramedic service contract. However, the City Administrator is to note that the Council would lik::e to discuss the matter in more detail at 1.991 budget time. McAllister made motion, Atb::inson seconded, authorizing the Mayor and City Clergy; sign the 1990 addendum to the City's paramedic service contract. The total amount due in 1990 will be $10,024.00. All. aye. Motion Carried. RECYCLING AGREEMENT Atkinson made motion, McAllister seconded, to table this matter until 2/5/90 to ratify previous action by Mayor Atkinson. All aye. Motion Carried. JOHN SOUTHWARD REDUEST In November of 1989, Mr. John Southward was sent notice from the City to correct violations of Chapter Surd. C of the City code regardinq City Council meeting of January 16, 199Q Page 5 the storage of semi -tractor trailers and carnival equipment on his property at 7-307 132nd Street, Hugo, MN. The equipment was to be removed within 30 days, and Mr. Southward has submitted the enclosed letter requesting an extension of time to have the equipment removed from, his property. Mr. Southward stated that, hopefully, the equipment will be removed by June 1, 1990. Mr. Southward appeared before the City Council in the fall of 1989 with a request for a SUP to allow construction of a rather large pole barn on the property in question. In his request, Mr. Southward informed the Planning Commission that the carnival equipment and semi -tractor trailers would be removed from the site when the pole barn was constructed. When conditions to this affect were added to the SUP during Council review, Mr. Southward withdrew his request for a SUP at the City Council meeting. Before leaving said meeting, Mr. Southward was reminded by the Council that withdrawing the SUP did not eliminate his problem of having to get the semi -tractors, trailers, and carnival equipment removed from the site in question. The issue before the City Council is whether or not to grant an extension of time to allow Mr. Southward to get the equipment removed from the site, or to notify the City prosecuter to proceed with legal action to get this matter corrected. It was noted that Mr. Southward requested that this matter be placed on the Council agenda, then failed to attend the meeting this evening. McAllister made motion, Olson seconded, that the City Administrator notify the City's prosecuting attorney to file a formal complaint, on or after June 1, 1990, against Mr. John Southward for violations of Chapter .320-4, Subd. C of the City code. The complaint will be filed as of 6/1/90 assuminq the violations still exist. Mr. Southward is to be notified of Council action. All aye. Motion Carried. COUNCIL PRIORITY EVALUATIONS The Council was provided with the results of the priority ran[-ings for the 1990/91 community priorities. The order of ranking is based on point values given to each priority ranging from a 5 as a top priority to a 0 which would indicate that the item is of no priority at all. City attorney, Charles Johnson, suggested that the City update their zoning ordinance prior to recodification of the municipal code boo[::. MISCELLANEOUS Mayor Atkinson requested that the City Council have the City Administrator's performance evaluation completed by the Council. meeting of February D, 1990. McAllister made motion, Jesinsk.i seconded, to adopt RESOLUTION 1990-" RESOLUTION REVIEWING AND CLARIFYING PROVISIONS OF THE CITY ADMINISTRATOR AGREEMENT BETWEEN HUPER AND THE CITY OF HUGO. VOTING AYE: McAllister, Jesins[;i, Olson, At[=:inson VOTING NAY: NONE Motion Carried. City Council meeting of January 16, 1990 Page 6 Atkinson made motion, Olson seconded, that the City Council reaffirms the contract between the City Administrator and the City and authorizes the expenditure for the administrator to attend the 1990 NPELRA Conference in San Diego, California as per the contract. All aye' Motion Carried. Mayor Atkinson informed the City Council that Washington County will be blacktopping County Road 57, between Keystone Avenue and Jeffrey Avenue in 1990. The City had received anonymous letters regarding certain employees of the City of Hugo' Councilman McAllister stated that the City does not accept unsigned complaints' Atkinson made motion, McAllister seconded, to accept the signed letter of complait without comment, as the City is in litigation with the authors of the letter. All aye. Motion Carried' Olson made motion, Jesinski seconded, to adjourn at 9:10 PM. All aye. Motion Carried. ;�L Al--� &7/Ur- Cit o Hugo