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HomeMy WebLinkAbout1991.06.03 CC MinutesMINUTES FOR THE CITY COUNCIL MEETING OF' JUNE_� 1991 The meeting was called to order by Mayor Stolt man at 7:00 PM. PRESENT: Brunotte, Jesinski, McAllister, Miron, Stolt man City Administrator, Ken Huber City Clerk, Mary Ann Creager Jesinski made motion, Brunotte seconded, to approve the minutes for the regular City Council meeting of May 20, 1991 as submitted. All aye. Motion Carried. Miron made motion, Jesinski seconded, to approve the claims for June 1991 in the amount of $13,610.96. All aye. Motion Carried. BUILDING PERMIT COMPLAINT This is a follow-up item from the May 20, 1991 regular meeting of the Hugo City Council. AT said meeting, Ms. Cheryl Johnson appeared and issued a complaint that the City Building Inspector refused to issue her a building permit to repair the roof on her house. The City Council requested that this matter be given a high priority by the City staff. The City Administrator, Mayor, and Building Inspector met at 8:00 AM the following day to review the status of this case. At that time, it was discovered that the reason Ms. Johnson had not received a building permit was because she had not applied for one after submittal of the truss specifications for her roof. It wasn't until two days after the Council meeting (May 22, 1991) that Ms. Johnson appeared at City Hall, at approximately 4:30 PM, to apply for a building permit. Ms. Johnson was issued a permit at that time, and she was informed that prior to acceptance of the work on her roof, a structural engineer would have to certify the wort:: was performed as designed. A chronology of events, prior to, and after Ms. Johnson's appearance at the previous City Council meeting was prepared for Council review. Councilman McAllister stated that Ms. Johnson had lied about applying for a building permit on May 20th, and she made serious, untrue allegations about City staff, and proceeded to read the chronology of events, a copy of which was read to the Council and forwarded to Ms. Johnson. CURBSIDE RECYCLING PROPOSAL The City has received a response from all of the garbage haulers operating in the City of Hugo, with regard to providing a voluntary curbside recycling program. Two of those responding indicated that they are already providing some sort of recycling option, and other operators indicated they would cooperate with the City and make a recycling option available to their customers. A draft letter was prepared for Council review requesting that all refuse haulers operating in the City make a recycling option available to their customers. Mayor Stolt man is requesting Council review and direction with regard to this matter-. Miron made motion, McAllister seconded, that the draft letter be signed by the Mayor and forwarded to all refuse haulers operating in Huqo asking that they make a recycling option available to their customers. All aye. Motion Carried. City Council meeting of June 3, 1991 Paae CONSENT AGREEMENT In the summer of 199=►, Mr. David Schumann appeared in district court, and was found guilty of constructing a building on his property without having first secured a building permit. At that time, Mr. Schumann argued that he had applied for a building permit, and it was not issued by the City staff. The City argued that Mr. Schumann had never applied for, nor was he issued, a building permit for the structure in question. Mr. Schumann paid the $200 fine, and a Consent Agreement was discussed by the attorneys for both parties regarding how to deal with the issue of whether or not the building should be removed from the site, or some arrangement should be made to allow the structure to stand. The Consent Agreement was submitted by Mr. Schumann's attorney, and was signed by Mr. Schumann in January of this year. This matter was referred to the City by the City Prosecutor on March 1, 1991. The Agreement was submitted to the City Council on March 18, 1991, along with a staff recommendation. This matter was subsequently referred to the Ordinance Violations Committee of the City Council. The OVC met with Mr. David Schumann on April 24, 1991, and a copy of the minutes of that meeting were submitted to the Council for their review, as well as a copy of the Consent Agreement. Stolt man made motion, McAllister seconded, to table this matter to obtain further leqal counsel recommendations. Councilman Miron questioned who was "legal staff", and made the following amendment: Miron made motion, Brunotte seconded, that the Mayor be designated as the contact person with the attorney representing the City in this matter. VOTE ON AMENDMENT: AYE: Hrunotte, Miron, Stolt man ABSTAINED: McAllister and Jesinski Motion Carried. VOTE ON ORIGINAL MOTION: AYE: Brunotte, Miron, Stolt man ABSTAINED: McAllister and Jesinski Motion Carried. Councilman McAllister stated his reasons for abstention: 1. The attorney for the City's insurance company advised City officials not to meet with the Schumann's to discuss this matter without our attorney present, and the Committee chose to meet any way. . A clear and direct conflict of interest appears to e>:ist since two members of the OVC are personal friends and confidants of Mr. Schumann. City Council meetinq of June 1991 Page 3. There appears to be an attempt by certain City officials to jeopardize the City's position with regard to the law suit filed against it by Mr. Schumann. It also appears that this effort is intentional and without regard to the potential financial impact on the City and its taxpayers. Councilman Jesinski abstained from voting based on the advice of the attorney for the City's insurance company that the City not deal with this matter without said attorney present. MINOR SUEDIVISION (W. ERICKSON) At the May ?U, 1991 regular meeting of the Hugo City Council, action was taken approving the preliminary survey of Mr. Walt Eric4::son for a 33 acre tract of land generally described as that part of NW 1/4 of the SW 1/4 of Section 7, T31N, R21W, Washington County, MN, lying southerly, easterly, and southeasterly of the north 440' of the west 1,000' thereof. Preliminary approval was granted subject to complying with the special conditions listed at that time. Mr. Erickson has stated that the property is now surveyed, properly staged, and his survey is signed by a registered land surveyor. The appropriate easements were provided, as required, and all conditions of preliminary survey approval will be met. McAllister made motion, Brunotte seconded, to approve the final certificate of survey ##6-3-91, and waiver of the formal platting requirements, for Walter Erickson to subdivide a 33 acre tract of land into .3 lots, generally described as that part of the NW 1/4 of the SW 1/4 of Section 7, T.31N, R 1W, into three lots. Final approval is subject to the following special conditions: 1. The City's individual on-site sewaqe ordinance be complied with fully with regard to the installation of mound septic systems on Parcels B and C. 2. Final survey approval shall be contingent upon compliance with the survey conditions, as well as the grading and stormwater drainage plans. 3. All conditions of final survey approval must be met prior to the stamping of any deeds for recording by the city clerk unless otherwise permitted by council action. 4. The property lines on site must be identified by the applicants to assure proper setbacks when buildings are to be constructed if required by the building inspector. All lots must be properly staffed when surveyed. 5. Proposed driveways or drainage areas within the development must include installation of a minimum 15" diameter corruq_ated metal culvert in a manner acceptable to the city. 6. No building permits shall be issued until the final survey has been approved and recorded with Washington County. 7. The securing of the required permits from the Rice Creek: Watershed District prior to final survey approval. B. All fees relating to this subdivision shall be paid by the applicant includinq the cost of recording documents with Washinqton County. 9. Percolation tests for each buildable site must be submitted to the city prior to final survey approval. City Council meeting of June .Y, 1991 Page 4 10. Payment of $15(?.00, in lieu of parkland dedication, shall be made to the City at the time of final survey approval. 11. The lowest floor elevation of any structure in this subdivision shall be 2' above the 100 year high water mark, and 4' above the highest ground water elevation, whichever is greater. 12. No improvements, landscaping, or grading shall be permitted in the identified drainage areas without the express written authorization of the City and the appropriate watershed districts. 13. All property owners shall be responsible for maintenance of drainage areas within easements on their property. 14. Developer shall comply with all requirements and restrictions applicable to identified wetlands. 15. The developer shall permit access to the referenced site for periodic inspections to assure conformance with the special conditions. 16. Legal descriptions of all parcels to be subdivided shall be included. 17. All wetlands and drainage easements shall be shown on the certificate Of survey. 18. The area described as the private ditch be redesignated as an easement. All aye. Motion Carried. GARAGE VARIANCE REQUEST (L. MUELLERLEIE) On behalf of Sharon and Larry Muellerleie, keystone Builders Corp., has made application to the City of Hugo for a variance to construct a 24' x 34' attached garage in an RR2 zoning district. The applicants have indicated the garage will be for personal storage only, and no commercial activity will be allowed. The request in question is consistent with City Council policy regarding the issuance of variances for oversized garages in residential districts. The property is described as Lot 1, Block 2, Dellwood Ridge (aka 7175 15th Street North). McAllister made motion, Miron seconded, to Larry Muellerleie to construct a 24' x 34' Street North (aka Lot 1, Block 2, Dellwood used for residential purposes only. All aye. Motion Carried. VARIANCE REQUEST (G. FENTON) approve the variance request of attached garage at 7175 125th Ridge). The garage is to be Mr. Greg Fenton of 12292 Ivan Ave. No. has made application to the City of Hugo for a variance to construct a 24' X ._,i►' accessory building on his property in front of the principal residence and 58' from the front property line. City ordinances restrict accessory strur_tures from being located in front of the principal residence. The property in question is zoned RR2 and consists of approximately 5 acres. The City has typically granted variances of this nature if the structure has been located at least 100' from the front property line. The Board of Zoninq Adjustments reviewed this request at their May 22, 1991 meeting, at which time said Board agreed that no construction should have begun prior to the issuance of the permit, and recommended the charging of a double permit fee. The City Council meeting of June 1991 Page 5 Board of Zoning_ Adjustments indicated that their visit to the site indicated that the proposed location was appropriate because of the topography of the site, and the mature trees that would have to be removed to locate the building elsewhere. Said Board recommended approval of the variance, as requested. Miron made motion, McAllister seconded, to approve the variance request of Greg Fenton to construct a 24' x 30' accessory building on his property located at 12292 Ivan Avenue North, in front of the principal residence and 58' from the front property line. Double permit fee is to be charged, as required by City Ordinance. All aye. Motion Carried. SPECIAL USE PERMIT (T. BROWN) Mr. Thomas R. Brown of 16614 Fenway Ave. North, has made application to the City of Hugo for a Special Use Permit to construct a 5,670 sq. ft. accessory building in an agricultural zoning district. The Maximum square footage permitted by ordinance is 3,600 sq. ft. The site in question consists of 10 acres and is located on Fenway Ave, north of 165th St. The 54' X 105' structure in question would be located 200' from Fenway Ave. and 50' from the north property line. Mr. Brown has stated that the pole barn would be used for his personal use to accommodate the storage of cars, snowmobiles, trailers, an old tractor, and combines. He has also indicated that he might store livestock in the buildinq in the future. The old horse barn and metal shed on the property is to be removed prior to erection of the new building. The applicant has assured the City that the new building will not be used for any type of commercial purpose. This matter was reviewed by the Planning Commission at their meeting of May 22, 1991, at which time they recommended approval of the SUP subject to special conditions. McAllister made motion, Miron seconded, to approve the request of Thomas R. Brown for a SUP to construct a 5,670 square foot accessory building on his property located at 16614 Fenway Avenue. The structure is to be used for Mr. Brown's personal use to accommodate the storage of cars, snowmobiles, trailers, an old tractor, and combines. Approval is subject to the following special conditions: 1. No commercial use of any accessory structures on site will be permitted. 2. No part of the accessory structure be permitted in the flood plain. 3. THE size of the structure shall not exceed the square footage requested in the application. 4. The structure not be permitted in 5. The old horse barn and metal shed removed prior to construction of 6. The required buildinq permits be proposed building. any drainage easements on site. identified on the site plan shall be the newly proposed building. secured prior to construction of the 7. Said building must meet all structural standards for accessory buildings accommodating the uses proposed. City Council meeting of June 1991 Page 6 8. Property owner shall provide access to the City at reasonable times for inspections to ensure conformance with this special use permit. 9. Failure to comply with this special use permit shall be grounds for revocation of same. All aye. Motion Carried. FOUND LAk::E ADDITION ROAD IMPROVEMENT The City Council received a copy of a letter from Randy Diers indicating that the Lake Area Security Bank: of White Bear Lake is proceeding with the improvement of the roadway system serving Round Lake Addition. Mr. Diers has been in contact with the City Engineer, and the road is to be constructed to City standards. Mr. Diers is requesting a commitment from the City Council that their financial deposit, provided to the City, will be returned to them, less costs incurred by the City, when the road improvement is approved by the City Engineer and accepted by the City Council. If approved, this work; must be started by the bank; before the 60 -day period lapses for the City to add this to our CIF', Phase 2 project. McAllister made motion, Miron seconded, to allow the Lake Area Security Bank:: of WBL to proceed witht construction of the roads in Round Lake Addition, subject to the following special conditions: 1. The amount of financial security, in the form of a letter of credit or cash deposit, shall be in the amount of 25% of construction cost. �. The financial deposit shall be retained for up to one year after acceptance of the road by the City of Hugo. ._•. Lake Area Security Bank: of White Bear Lake shall be responsible for all City costs incurred in conjunction with this project. 4. Road improvements shall begin prior to July 19, 1991. S. All road construction shall meet City standards and be approved by the City Engineer. All aye. Motion Carried. PETITIONS, REQUESTS AND COMMUNICATIONS The City Council received a copy of a petition from area residents regarding the need for a "leash law" in the City of Hugo. The City Administrator will contact adjoining communities for copies of their animal control regulations, and report to the City Council of his findings. The City Council received a copy of a letter from area residents requesting a privacy fence be installed between their property and the senior citizen housing complex on Egg Lake. Miron made motion, McAllister seconded, that a letter be sent to the Washington County HRA requesting that they contact adjacent property owners on construction of a privacy fence between the Hugo senior housing project and the Seidel/Holbrook:: residences on 14nd Street. All aye. Motion Carried. City Council meeting of June " 1991 Page 7 DRAINAGE PROBLEM - OVC REPORT (J. WILLIAMS) After on-site inspections of Ms. Williams' drainage easement, Mayor Stoltzman requested that a letter be sent, notifying all property owners adjacent to the easement, to remove all trees and obstacles from the ditch. DRAINAGE PROBLEM (P. HUSNIK Mr. HusniE, addressed the Council and stated that although he had placed obstacles in the drainage easement on his property, in his opinion they were not the problem. Other residents in the area addressed the Council stating what they considered the reasons for the problem, and their solutions. Mayor Stoltzman stated that to alleviate a potential, major problem, he directed A & B Construction to clean a certain portion of the drainage ditch on the south border of Lake Air Estates. McAllister made motion, Miron seconded, authorizing payment to A & B Construction for emergency work performed in the Lake Air Estates' drainage system on Saturday, June 1, 1991, in the amount of $150.00. All aye. Motion Carried. Miron made motion, Brunotte seconded, authorizing the City Engineer to review the entire drainage system in Lake Air Estates, and report to the Council at their next meeting, if possible. All aye. Motion Carried. CITY ADMINISTRATOR City Administrator, Ken Huber, reported on the following: 1. The building department has issued permits for 3.5 million dollars of construction since 1/1/91. y. The City Engineer's letter on the ponding for the Hugo senior citizen housing project was provided, as per Council request. 3. The 1990 audit report will be discussed at the Council meeting of June 17, 1991. The Council members are to notify Mr. Huber if they would like an auditor present for that meeting. MISCELLANEOUS Miron made motion, McAllister seconded, to adopt RESOLUTION 1991-9, RESOLUTION ENACTING THE "LOCAL OPTION SALES TAX". VOTING AYE: Brunotte, Jesinski, McAllister, Miron, Stoltzman Motion Carried. Richard Brandt appeared before the Council expressing his concern with the water problems at his business, Hugo Auto Parts. City Council meeting of June ?, 1991 F'age S Miron made motion, McAllister seconded, directing the City's Road Supervisor to inspect the culverts located north of 165th Street, east of Highway 61, for possible obstructions. All aye. Motion Carried. Request made by Council members to be provided with copies of the ordinances and policies of the City of Hugo. Some discussion followed with regard to Council's and Administrator's authority in interpretation and enforcement of City ordinances. Miron made motion, McAllister seconded, to adjourn at 9:55 PM. All aye. Motion Carried. Mary n+ Creager, City C k: