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HomeMy WebLinkAbout1992.04.20 CC MinutesMINUTES FOR; THE CITY COUNCIL_ MEETING OF APRIL 20, 1992 The meeting was called to order by Mayor Stoltzman at 7:00 PM. PRESENT: Barnes, Brunotte, Stoltzman City Engineer, Howard F;uusisto City Clerk, Mary Ann Creager ABSENT: Miron Barnes made motion, Brunotte seconded, to approve the minutes for the City Council meeting of April b, 1992, as amended. All aye. Motion Carried. Barnes made motion, Stoltzman seconded, to approve the claims for April 20, 1.992, in the amount of $77,668.96. All aye. Motion Carried. MIFON ARRIVED AT 7:09 PM. CHARITABLE GAMBLING LICENSE Brunotte made motion, Barnes seconded, that the City Council does hereby resolved that they have no objection to the issuance of a Premise Permit, pursuant to M.S. 349.213, Subd. 2, for the property described as 13891 Forest Blvd., as submitted by the Forest Lake Lions Club, for purpose of conducting lawful gambling. All aye. Motion Carried. SITE PLAN APPROVAL (D.T. PROPERTIES) Mr. Dimmerman, representing D.T. Properties, was present to further discuss his request for site plan approval to construct a building on 8.9 acres in the RB zoning district. At the Council meeting of 4/6/92, there was discussion as to the whether the proposed use would be allowed in the RB district. Mayor Stoltzman cited the permitted uses in the RB zone, referencing in particular the use of .=.0% of the floor space for incidental repair, processing, and storage necessary for the principal use. If the use exceeded the 30% requirement, a rezoning to industrial would be required. The Council made clear that they did not want to mislead the applicant into thinking rezoning world be "automatic". Mr. Dimmerman stated that he would lit. -.e to further discuss this matter with his partner. Miron made motion, Brunotte seconded, to table this matter until the meeting of May 4, 1992. All aye. Motion Carried. REQUEST TO AMEND CABLE TV FRANCHISE. AGREEMENT This matter will be discussed at a later date to be determined. REQUEST FOR: REPAIRS TO F:::EYSTONE AVENUE (C - The iC.The Council received a copy of a letter- from Mr. Charles Haas requesting that the City improve the roadway providi.nq access to his driveway north City Council meeting of April 20, 199 Page of keystone Avenue. Part of the roadway in question is located in May Township, and part in Hugo. At the time Mr. Haas applied for a building permit to construct his dwelling unit, he was informed by the City staff that the roadway in question was a minimum -maintenance road, which received only snow plowing because of restricted development in the area. At the time of Mr. Haas' initial contact with the City, he was informed that if he wished to have the roadway improved, the appropriate procedure would be to petition for the improvement, pursuant to Chapter 429 of the Public Improvement Code. Mr. Haas indicated he did not want the roadway improved -to the extent that the public would use it to provide access to the property to the east. He was then informed that if he wished the roadway to be improved as a private, gravel roadway, that he would have to share in the cost of the improvement, along with other adjacent property owners, and possibly May Township. Although the City does acknowledge the existence of V*eystone Avenue extended, and has provided it with minimum inai.ntenancc? in the past, it was made clear to Mr. Haas that future improvements to the roadway should be made to City standards, and should be of a bituminous surface consistent with City policy. Mr. Haas has continually requested that the roadway be improved on a piece -meal basis, identifying it as maintenance rather than a total upgrading to City standards. It is recommended that May Township be contacted to see if they are willing to participate in this improvement, and whether or not the abutting property owners to the roadway are willing to share in the cost of that improvement. The problems alluded to by Mr. Haas are similar to those that exist on Fiona Road, Everton Avenue, and other minimum -maintenance roads that are costly for the City to maintain. Mr. Haas appeared at the meeting stating that he had talked to Dori Wisniewski at Washington County Public Works, and was told that his repairs would take 1/2 of a day, and that he (Haas) would be willing to pay any costs -for the ditch cleaning. A new culvert would be installed approximately 300' north. of 157th Street. Miron made motion, Barnes seconded, directing the City Engineer to have Washington County clean the ditch on the Haas' cartway Weystone Avenue north of 1.57th Street) at Mr. Haas' expense. All aye. Motion Carried. Councilman Miron requested that he be allowed to review the billing from Washington County, prior to submission -to Mr. Haas. AC& I I S I T I ON OF LAND FQR PROPOSED WAT."ER TOWEF The City received a letter from Cit,/ Attorney, Charles Johnson, regarding right-of-way acquisit.i:-.n for the proposed water tower and well, and is requesting City Council approval to proceed with the work. This matter is being giv 1n "top priority" by the City Attorney, and CouC.i7member Ba. -nes regUested monthly progress reports. Miron made motion, Stolt man seconded, directing the City Attorney, Charles Johnson, to proceed with the acquisition of property for the proposed Water System. All aye. Motion Carried. City Council meeting of April 20, 1.992 Page _ PETITION FOR A TEMPORARY MOBILE HOME PERMIT (A. EQ -,ER) Miran made motion, Brunotte seconded, to approve the request of Arnold Ecker, 10264 122nd Street North, for a temporary mobile home permit for a three-month period, from 3/35/92 to 6/30/92. Approval is subject to payment of the $25.00 mobile home permit fee. All aye. Motion Carried. REQUEST TO MOVE IN HOUSE PRIOR TO SUED (E. SHULTZ) The Council received a copy of a letter from Eugene Shultz requesting Council authorization to allow him to move a dwelling unit on a large tract of land that is supposedly in the process of being subdivided. When the owner, Mr. A.J. Gustafson (Rose of Sharon), started selling off these parcels of land, it was noted that the subdivision had never been approved by the City. Although the realtor claims that the parcel had been subdivided, no surveys or plats were found on record at Washington County or with the City of Hugo. The City was then informed that the parcels were sold by unrecorded contracts for deed, yet those deeds were never produced. In March, 199" the city administrator met with Mr. Gustafson's attorney, and an alternative for accomplishing this subdivision was reached. Mr. Gustafson has indicated he will be applying for a subdivision of land involving Parcels A, B, D, and E. Parcel C is currently a lot of record, as is the five acre tract noted as the exception just north of 132nd Street. Although all five lots identified meet minimum -dimensional requirements, as per the City's Zoning Ordinance, they do not meet dimensional requirements for recording of the deeds without going through the formal subdivision process. Parcels E and D are deficient in lot width, and Parcel A is deficient in total lot area. In recent years, the City has not allowed the issuance of building permits, or other approvals on property, which has not gone through the formal subdivision process. If the City Council chooses to deviate from past practice, we would recommend the following: 1. Mr. Shultz be required to provide the City with a $3,000 letter of credit, to assure that the property is subdivided, as proposed, within six months of City Council's approval of this request, or the -financial deposit will be forfeited and the monies used to have the building removed from the site. 2. The house not be moved on to the site until Mr. Gustafson submits a formal application for subdivision of the property. 3. Mr. Shultz apply for the required building permits, and the building foundation, and related work, be completed within six months of permi-'t issuance. 4. Soil borings on the site be provided in an effort to identify proper building and septic system location. 5. The 100 -year high water be identified, and permits be secured from the RCWD prior to allowing the structure to be moved onto the site. (There appears to be a very high water table in this area.) 6. No one be allowed to live in the structure until a certificate of occupancy is issued, and all elements of the subdivision process have been completed. City Council meeting of April 20, 1992 Page 4 The property in question is located immediately south of 137th Street, across from Rice Lake Park. It is our understanding that Mr. Shultz is not the owner of the property in question, but merely intends to purchase the site. There also appears to be a very large protected wet lands on this site, which is not identified on the enclosed survey. The City Council should be very careful in handling this matter, as the applicant is not the fee owner of the property in question, and without an application for subdivision. Mr. Shultz may not be able to fulfill his commitments at the time of filing the $3,000 financial deposit. Mr. Shultz was present at the meeting, and stated that he thought the property had been subdivided prior to his proposal to purchase the house. As of this date, the property owner has not applied for subdivision of the property. Mr. Shultz stated that he would just as soon wait himself rather than making any further commitments on the house relocation. Stoltzman made motion, Miron se-conded, to table this matter until the Council meeting of May 4, 1992. All aye. Motion Carried. REPORT ON MINING PERMIT FOR DEAN ATKINSON Because of a conflict over the access/egress to gravel pits owned by Dean Atkinson and River Valley Asphalt, Mayor Stoltzman attempted to act as a mediator. A map was presented indicating new roads, but still using the new gate. Mr. Atkinson was present, and indicated that he was not satisfied with the Mayor's resolution. Miron made motion, Barnes seconded, to set a public hearing for May 4, 1992, at 7:05 PM, to consider the request of Dean Atkinson for an amended Mining Permit to 147th Street for access/egress to and from his pit. All aye. Motion Carried. DISCUSSION ON DRAINAGE PROBLEM (R. WALLER) Mr. Robert Waller was present to discuss the drainage problems at Homestead and Hyde Avenues, just north of County Road 8A. It was his feeling that the culvert at the north end of the holding pond east of Homestead Avenue should be closed, so that runoff can be diverted to the east under Hyde Avenue. Miron made motion, Stoltzman secondod, directing the City Engineer, Howard Kuusisto and Mayor Stoltman, to inspect the- culvert acid drainage in the area of Homestead and Hyde Avenues, north .jf County Road SA, and report his findings to the Cit;' Council. All aye. Motion Carried. REPORT OF HUGO MEADOWS PARK (MIRON) Councilman Miron stated that he had met on several occasions with Hugo Meadows residents regarding their request for a "neighborhood park". Because the dedicated park land is not accessible, there was some discussion of the City purchasing lots in Birch Tree Ponds, Phase 4 to use City Council meeting of April 20, 1992 Page 5. for development of a park. There was also some discussion about exchanging the existing park land for one of the buildable lots to be used for part; land. Miron stated that there was a "rumor" that the land had been donated by another individual, Roman Friedel. There might be limitations on what can be done on the property. Councilman Miron wanted the City Attorney to investigate, and determine what, if any, limitations there are on the property. Councilman Miron wort:: with John Denson to review City records to determine "title" to the land in question. Stoltzman made motion, Brunotte seconded, after research by Councilman Miron, the City Attorney, Charles Johnson, is to review the legal description of the part; land dedicated for the Hugo Meadows subdivision, along Goodview Avenue to determine if there are any limitations on the property. All aye. Motion Carried. ORDINANCE VIOLATIONS COMMITTEE The Ordinance Violations Committee will meet on April 29, 1992, at 7:.30 PM, to review the two complaints received by the City. Complainants are to be notified of this meeting, as well as the local newspapers. FINANCE OFFICER (REQUEST TO PURCHASE COMPUTER) Mr. Ron Otkin is requesting Council authorization to upgrade his computer system because of the lack of space on existing hard-dist:: drive. Councilman Miron felt that the new administrator should have an opportunity to review this request to see how this purchase would relate to the total computer system in the office. Miron made motion, Brunotte seconded, to table this request until the new city administrator has had an opportunity to review the request. All aye. Motion Carried. MISCELLANEOUS As requested, the City Engineer submitted to the Council the recommended changes in the Flood Plain Ordinance, as previously discussed. This matter is to be placed on the May 4, 1992 Council agenda. COMPOST SITE Barnes made motion, Stoltzman seconded, that the compost site be opened on April 25, 1992, and the ist Saturday of every month, from 12:00) noon Until 6:00 PM. All aye. Motion Carried. Stoltzman made motion, Barnes seconded, to appoint James Lerou, as Councilman, Ward 2, to fill the unexpired term of Tortâ–º Jesinski to 12/31/92. All aye. Motion Carried. City Council meeting of April 20, 1992 Page 6. At this point in the meeting, Mr. James Leroux; took the Oath of Office fo the position of Councilman, Ward 2. The City received a letter from the Mayor of Lake St. Croix Beach regarding the Washington County Sheriff's contract with various communities in the County, as it relates to the large increase for costs of service. Mayor Stolt man will be contacting L.SCB's mayor regarding this matter. The City is being taken to Conciliation Court by an individual who is attempting to recover lost income as the result of becoming stuck. in the mud on Freeland Avenue in the Peloquin Industrial Park:.. Mayor Stolt man will represent the City in this matter. Newly -appointed Councilman Leroux: reviewed his letter to the City as it relates to how the City deals with "cartways" within the City. He also suggested changes in the minutes of the Council meeting for April 6, 1992, but these minutes had already been accepted. Leroux; made motion, BrUnotte seconded, to adjourn at 9:1= PM. All aye. Motion Carried. Mary Creager, City 1 rk: