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HomeMy WebLinkAbout1991.03.18 CC MinutesMINUTES FOR THE CITY COUNCIL MEETING OF MAR(�',*H 18. 1991 The meeting was called to order by Mayor Stoltzman at 7:04 PM. PRESENT: 8runotte, McAllister, Miron, Stoltzman City Clerk, Mary Ann Creager ABSENT: Tom Jesinski Brunotte made motion, McAllister seconded, to approve the minutes for the regular City Council meeting of March 4, 1991. All aye. Motion Carried. Miron made motion, McAllister seconded, to approve the claims for March 18, 1991, in the amount of $98,501.68. All aye. Motion Carried. VARIANCE FOR OVERSIZED GARAGE G & H Builders, lnc., has applied to the City of Hugo for a variance to construct an oversized garage on Lot 7, Block 2, Bald Eagle Estates. The property in question is zoned SFE and is one acre in size. The request for a 792 sq. ft. garage is consistent with the Council's previous policy regarding variances for oversized garages in residential districts' The City staff can see no objections to the issuance of this variance, subject to the garage being utilized for residential purposes only. McAllister made motion, Miron seconded, to approve the variance request of G & H Builders, Inc., to construct a 792 square foot grage on Lot 7, Block 2, Bald Eagle Estates. Approval is subject to garage being utilized for- residential orresidential purposes only. All aye. Motion Carried. CONSENT AGREEMENT/BUILDING PERMIT The City Council received a letter and copy of the Consent Agreement dealing with David Schumann's conviction of constructing an accessory building on his property without a building permit. Based on the language in the consent agreement, the primary purpose is to authorize construction of a 40' X 63' pole barn after -the -fact. This structure is to replace a building previously located on the site, which was destroyed by fire in 1988. It is the general intent that the City not require that the building be removed, however, the building is to be used as an accessory structure to a residential dwelling. It should be noted that Mr. Schumann has not agreed to a limitation to residential use, but, specifically, maintains his right to operate businesses on the property as a non -conforming uses. If the courts should determine that Mr' 8chumann's current use of the property is not a nonconforming use, the pole barn in question shall be used as an accessory building to the residential structure on site. The attorneys for the City and for Mr. Schumann have been trying to resolve the issue of this structure for several months, and this Consent Agreement appears to be a reasonable solution to the problem. Final action by the City Council should involve the following: City Council meeting of March 18, 1991 Page C 1. Accept the consent agreement. ?. Approval of the building permit. 3. Site plan approval. The City staff suggests that prior to the Council taking any formal action with regard to this Consent Agreement, the following procedure be followed: 1. A completed site plan application with fully -dimensioned site plan be submitted to the City, as per the City's policies and procedures. ?. The Schumann's be required to apply for the appropriate building permit, as required by City ordinance. 3. The site plan application and building permit application be consistent with all provisions of the Consent Agreement. 4. The city building inspector conduct a complete inspection of the building in question. 5. Mr. Schumann be required to pay double permit fees for the building permit and site plan application, as per Council policy. Councilman Miron questioned Council policy requiring double permit fees (Item #5), stating that it was his opinion that this was an ordinance violation, and made the following motion: Miron made motion, Brunotte seconded, that this matter be referred to the Ordinance Violations Committee for their research and recommendation to be presented at the Council meeting of April 1, 1991. Councilman McAllister questioned why this matter should be considered by the Ordinance Violations Committee when this is not an allegation, but rather a conviction by a court of law. Councilman Miron stated that the Consent Agreement was agreed to by both attorneys, but that the recommendation to charge double permit fees came from the City Administrator, and the proper authority is the Ordinance Violations Committee, and not the City Administrator. Councilman McAllister stated the policy to charge double fees was adopted by Council resolution. Mayor Stolt man was concerned that Mr. Schumann did submit an application for site plan approval and a building permit prior to any construction being started. Councilman McAllister stated that that matter has been disputed, and would have to be addressed with City staff at a later date. VOTING AYE: Brunotte, Miron, Stolt man VOTING NAY: McAllister Motion Carried. LETTER TO STATE LEGISLATORS At the request of members of the City Council, a draft letter has been prepared to send to our local legislators indicating the City's opposition to the reductions in financial aids and continued excessive spending by the State legislature. Most of the recent information the City has Citv Council meeting of March 18, 1991 Paqe 3 secured indicates that the City of Hugo will be losing at least half of its local government aid, and most likely all of it. in 1991. It would appear that there will be deeper cuts in financial aids (HACA) in 1992. In preparing this draft letter, City staff attempted to emphasize the need to reduce State spending, and new programs with regard to education, welfare, transportation, environmental issues, and other programs regarded as "sacred cows" by the Minnesota legislature. Mayor Stolt man commended Administrator Huber for an excellent letter that explains the City's position. Miron made motion, Brunotte seconded, that the City send the draft letter as prepared, and forward to Senator Laidig, Representative Swenson, Governor Carlson, Speaker of the House, Robert VanaseE::, and Senate Majority Leader, Roger Moe. All aye. Motion Carried. LEAVE OF ABSENCE REQUEST The City Council received a recommendation from Fire Chief Ron Istvanovlch granting a six-month leave of absence to fire figher, Mr. Larry Johnson, for the period beginning March 1, 1991 through August 1, 1991. McAllister made motion, Miron seconded, to grant a six-month leave of absence to fire fighter, Larry Johnson, for the period beginning March 1, 1991 through August 1, 1991. All aye. Motion Carried. CITY PRIORITIES In December of 1990, copies of previous City's priority lists were submitted to the City Council for their review. Examples of the ranking of priorities were provided for the 1989 and 1990 calendar years. Despite previous reminders by Mayor Walt Stolt man, there appears to be some reluctance on the part of the Council to identify priorities at this time. The City Council may want to discuss the merits of this process, and whether or not they are desirous of going through this type of exercise in 1991. The Council may want to consider reviewing and establishing priorities after July 1st during the budget process. It is not the intent of the staff to force the Council into some type of decision making process, although we do find this etercise beneficial with regard to what special programs the Council would like to work on during the year. Councilman Brunotte stated that he had not submitted his priorities because he was new to the Council, and had no set priorities at this time. Councilman Miron has not submitted his list, but supported Mayor Stolt man in the past election, and supports the Mayor's priorities. He suggested that the Council schedule a special meeting on July ?, 1991 to discuss this matter. Mayor Stolt man •felt that removal of brush along City roads was a high priority, but the problem of removal of the debris was a problem. Councilman Miron offered to talk: to Andy City Council meeting of March 18, 1991 Page 4 Goi.ffon about the possibility of using the Goiffon gravel pit to haul the debris, and have the Fire Department use the site to burn the brush. It was also suggested that this matter be placed in the up -coming Newsletter asking that residents take care of brush adjacent to their property on a volUr-Iteer basis. PURCHASE OF SHERIFF'S SQUAD CAR Over the last several years, the City of Hugo Has been purchasing its sheriff's squad car through Washington County when they replace their vehicles each year. Because of a change in personnel with the sheriff's department, they failed to notify the City that the order was being placed for these vehicles in mid-February. We now have a deadline of March 15th to place this order, however, Grossman Chevrolet said they may be able to place the order on the morning of March 19th. The vehicle to be purchased was a 1991 Chevrolet Caprice police package. It is to be purchased under the Washington County Fleet Order #W-5062-1. The lowest bidder was Grossman Chevrolet at a bid price of $12,359.00. McAllister made motion, Miron seconded, to approve the purchase of a 1991 Chevrolet Caprice from Grossman Chevrolet, at a bid price of $122.7-59.00. The purchase to be made under the Washington County Fleet Order #W-50621'-1. All aye. Motion Carried. PAUL.. HUSNIk:: LETTER The City Council received a copy of a letter from Mr. Paul Husnik: regarding a possible drainage problem adjacent to his property in the subdivision of La4::e Air Estates. This matter was brought to the City's attention in 1990, and was reviewed by members of the City Council at that time. Because the City has no policy or funding for the maintenance of ditches within the City, the Council has limited activities to cleaning and maintenance that result in flooding of City streets or other public property (i.e., Geneva and 148th St., Goodview Ave., Fitzgerald Ave.). At a minimum, it was the intent that the City's Water Management Plan.provide for a position statement regarding the maintenance of drainage ditches in the future. This position statement is to identify ditches of hiqh priority, cost of ditch maintenance, options for funding ditch maintenance, and what kind of drainage ditches should be allowed in the future. In the absence of a policy and funding program, the City will probably be best off to permit the property owners affected in Lake Air Estates to clean out the ditch in question at their own expense. The City could provide a location for the depositing of the material removed during the cleaning of said ditch. Responsibility for these types of drainage ditches has been discussed by the City Council in the past. Open drainage ditches have been allowed in Hugo in an effort to keep down the cost of development. One should L::eep in mind that it is extremely diffict..tlt for the City, with its limited staff and financial resources, to monitor activities in these developments once housing construction is complete. Problems with maintenance of ditches is compounded by home owners changinc their yard elevations to accommodate landscaping and other physical City Council meeting of March 18, 1991 Page 5 features on site. The ditches are commonly used for the deposit of leaves and grass clippings and end up becoming a problem for residents upstream. There are no easy solutions to this complex: issue. Councilman McAllister reviewed the Lake Air Estate subdivision, as approved, indicating that the drainage ditch on the south has been altered substantially from the approved plan and original construction. It was his opinion that there will be a continuing problem unless the ditch is dug out again. He reconfirmed the Mayor's authority to solve drainage problems with equipment from Washington County Public Work. -:s. McAllister made motion, Brunotte seconded, that a copy of Paul Husnik::'s letter be forward to the City Engineer, Howard k::uusisto. Mr. tuusisto is to report to the City Council on the condition of the drainage ditch as it exists today versus the way the ditch was installed by the City, according to engineering plans and specs for Project #84(:)7. All aye. Motion Carried. LETTER FROM NORTH STAR R I Sk:: SERVICES The City Council received a copy of a letter from North Star Risk:: Services identifying various City programs and facilities that are in need of .improvement. The items identified have been referred to us in an effort to minimize the City's risk: with regard to liability for our insurance company. Miron made motion, McAllister seconded, that the City Administrator review the recommendations, and present to the Council a means of accomplishing these. All aye. Motion Carried. FUNDING REQUEST The City Council received a copy of a letter from the Hugo Legion Post with regard to a request for a financial contribution, and a copy of Minnesota Statutes dealing with donations by the City to regional or local organizations (MS 469.191). McAllister stated that this was program that was financed in the past, but do not recall budgeting anything for this program in 1989 or 1990. McAllister suggested that the City Attorney be contacted to determine whether public funds can be used for this type of program. Also, is the City going to deviate from its position to refrain from funding any program until the City has a better understanding of its financial position, after legislative cuts. Councilman Miron stated that the Legion felt that they had an "agreement" with the City in the past, and by not making the payments, not sure whether it is good public relations on the part of the City. Miron made motion, Stolt man seconded, to table this matter until a legal opinion is secured as to whether the City can legally expend public funds for this type of program. All aye. Motion Carried. City Council meeting of March 18, 1991 Page 6 GARBAGE AND REFUSE SERNICE In an effort to help provide the City Council with some direction in dealing with garbage collection and recycling in Hugo, the City staff conducted a survey of area haulers to determine what service is currently being provided. The enclosed memo is self-explanatory. In that there are many different alternatives that the City Council may want to pursue, it would be helpful if they could narrow down their preference so as to minimize the amount of research necessary by the staff. The City Council may want to consider the following options or variations of these options: .1. Mandate garbage service to all residences with a single designated hauler, billed by the City, utilizing a mandated recycling program. 2. Same as above, only allow multiple garbage haulers with billing to be provided by each individual hauler. 3. Make garbage service optional to Hugo residents with recycling available only to those having regular garbage service (current). 4. Allow garbage service to be optional, and the City provide, by contract, a recycling service at City expense. Estimated cost, $16,000 per year subject to annual modification. It was Councilman Miron's opinion that any time YOU can get people to agree to work with the City, without writing ordinances, Hugo will be better off. Miron made motion, McAllister seconded, to direct the City staff to write letters to garbage haulers, not currently providing recycling a service to their customers, asking them to provide this recyling, and ast=:ing them to to keep documentation as to the recycling tonnage obtained in Hugo so that the City can receive credit. Responses to be received by April 30, 1991. All aye. Motion Carried. MISCELLANEOUS The City received a letter from William Sherman, 9130 125th Street, regarding the requirement that he plant trees for screening on his property. McAllister made motion, Miron, that the City grant a six-month extension to William Sherman to install the required trees on his property located at 91.0 125th Street. All aye. Motion Carried. Councilman Miron discussed the lace: of lighting at the entrance to the new senior housing building on Highway 61. Administrator Huber is to report on the cost/location to have a street liqht installed at that location. Councilman Miron stated that he had received calls from residents regarding the taxing classification listed on their Notice of Valuation received from the County. It was his suggestion that the City obtain a City Council meeting of March 19, 1991 Page 7 list from the City's tax assessor that identifies all businesses located outside of "business" zoning districts in the City of Hugo. A lengthy discussion ensued regarding this proposal, and no action was taken. Stoltzman made motion, Miron seconded, to adjourn at 9:15 FM. All aye. Motion Carried. Mary n Creager, Cit ler4;