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HomeMy WebLinkAbout1991.10.07 CC MinutesMINUTES FOR THE CITY COUNCIL MEETING OF OCTOBER 7, 1991 The meeting was called to order by Mayor Stolt man at 7:00 PM. PRESENT: Brunotte, Jesinski, Miron, Stolt man City Administrator, Ken Huber City Clerk, Mary Ann Creager Miron made motion, Brunotte seconded, to approve the minutes for the regular City Council meeting of September 16, 1991, as submitted. All aye. Motion Carried. Jesinsk:i made motion, Miron seconded, to approve the minutes for the Special City Council meeting of October 3, 1991, as submitted. All aye. Motion Carried. Miron made motion, Brunotte seconded, to approve the claims for October 7, 1991 in the amount of $275,112.93. All aye. Motion Carried. ON SALE/OFF SALE LIQUOR_(RICCI'S SALOON AND EATERY) According to information provided to the City, Mr. Robert M. Ricci has assumed ownership of Ricci's Saloon and Eatery, as of August 7, 1991, and is currently operating without the required liquor licenses. Mr. Ricci has paid the fees, and submitted the appropriate documents. If approved by the City Council., the licenses should be issued to Mr. Hobert Michael Ricci (dba) Ricci's Saloon and Eatery. Stolt man made motion, Jesinsk:i seconded, to approve the following licenses for Robert M. Ricci dba Ricci's Saloon and Eatery: On sale liquor, off sale liquor, Sunday liquor, and games of sk=ill, effective from August 7, 1991 to December 7%1, 1991. All aye. Motion Carried. ASSESSMENT HEARING (CIF', PHASE ) As per Council direction, and pursuant to Chapter 429 of the Public Improvement Code, a public hearing was scheduled for 7:00 PM this evening_, to hear and act on the assessment for the City's CIP road project, Phase , consisting of bituminous surfacing and related improvement for 130th Street from County State Aid Highway #8A west to Irish Avenue, Irish Avenue from 170th Street south to County State Aid Highway #7, 125th Street from Goodview Avenue east to Homestead Drive, 132nd Street from Henna Avenue east to County Road #8A, Homestead Avenue from 132nd Street north to 147th Street, Henna Avenue (ak::a 1L8t1► Street) from 1•_,?nd Street South to Hilo Avenue. and Hilo Avenue from Henna Avenue (aka 128th S"`_reet) south to 1'25th Street. Such assessments shall be payable in equal annUal installments extending over a period of 15 years, the first of the installments will be payable on or before the 1st Monday in January, 1992, and shall bear interest at the rate of 8 per annum from the date of the adoption of the assessment resolution. To the first installment shall be City Council meeting of October 7, 1991 Paqe 2 added interest on the entire assessment from the date of the resolution until December, 1991. To each subsequent installment, when due, shall be added interest for one year on all unpaid installments. The owner of any properties so assessed may at any time, prior to certification of the assessments to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the date of adoption of this resolution; and he may, at any time thereafter, pay to the City Treasurer, the entire amount of the assessment remaining unpaid, with interest accrued to December 31st of the year in which such payment is made. Such payment must be made before November 15th or interest will be charged through December 31 of the next succeeding year. The proposed assessment roll has been on file for public inspection at the City Clerk's office. The total amount of the proposed assessment is $265,753.45. Written or oral objections will be considered at the meeting this evening. No appeal may be taken as to the amount of an assessment unless a signed, written objection is filed with the Clerk:: prior to the hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting. Any property owner may appeal an assessment to the district court pursuant to M.S. 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City Within 30 days after the adoption of the assessment, and filing such notice with the district court within 10 days after service upon the Mayor or Clerk:. The appropriate legal notices were forwarded to each property owner of record pursuant to Minnesota Statutes. The staff is recommending adoption of the assessment roll as identified with the enclosed resolution. The City staff recommends that any formal appeals to the assessments for approval Monday evening, as well as specifics of the appeal be reviewed by the City Council and acted on by the City Council at their October 21, 1991 meeting. Letters of appeal, and requests to check:: assessment calculations, were submitted by John Waller (93027-2865), Greg Gressen (93150-2000), Tom Drewry (93034-2330), J im LeMoine (93176-2000), Dan Santanni (930753-2100), and k::eystone Builders (93165-2000, 2:75, 2600, 2625), and Councilman Miron requested that the assessment for Lorraine St. Sau-ver (93700-2125) be reviewed. These tax parcels, as listed, shall be deleted from the assessment roll resolution, and tabled to the Council meeting on lo/21/91. Several other residents had questions regarding culverts, driveway locations, and City policy on corner lots. "Bron made motion, Stoltzman seconded, to adopt RESOLUTION 1991-18, RESOLUTION ADOPTING ASSESSMENTS FOR CAPITAL IMPROVEMENT PROJECT PHASE ?. VOTING AYE: Brunotte, Jesinski, Miron, Stoltzman VOTING NAY: None Motion Carried. PARk:. USE POLICY City Administrator Huber reviewed the status of this matter tabled from an earlier Council meeting, and he will be requesting copies of park:: -Use policies from other cities. City Council meeting of October 7, 1991 Page Miron made motion, Jesins4:i seconded, to table this matter until a later Council meeting. All aye. Motion Carried. DRIVEWAY PERMIT (B. SCHROEDER) At the September 16, 1991 regular meeting of the Hugo City Council, Mr. Brian Schroeder requested approval of a driveway permit to access his nine acre parcel of property located in Grant Township, immediately south of Isleton Avenue. At the September 16th meeting, the City Council approved Mr. Schroeder's request for a driveway permit, subject to review by the City Attorney. The Council received a copy of a letter dated September 27, 1991, by City Attorney, Charles Johnson, regarding Mr. Schroeder's request. Although the City Attorney indicates on the second page of his letter that the Council could issue a driveway permit, he also cautioned the City Council with regard to the potential of acknowledging the roadway easement, as shown on Mr. Schroeder's certificate of survey. The difficulty in reviewing and making a recommendation on this request is compounded by the fact that the City's decision may be affected by future development in the area by Mr. Schroeder and his partners, as well as a proposed 27 -lot subdivision under review by the Grant Town Board. Without surveys or preliminary plats of the total area, showing their relationship to the City of Hugo, and the existing roadways to the north, it is difficult to advise the City Council. Considering the limited information available to the City with regard to future development of the area, it would appear that the most likely options for Council consideration would be the four options, as reviewed by the City Administrator. Councilman Miron stated that he had contacted a member of the Grant Town Board, and he in turn contacted another member of the Board, and they stated that Mr. Schroeder's minor subdivision had NOT been approved by the Town Board. There was only Planning Commission concept approval as of this date. It is Mr. Schroeder's responsibility to prove that he had, in fact, received Grant Township approval of the subdivision. Miron made motion, Brunotte seconded, to table this matter until further documentation is provided by Bryon Schroeder proving subdivision approval by the Grant Town Board, and providing additional information requested by the City. VOTING AYE: Brunotte, Miron, Stolt man VOTING NAY: Jesinski Motion Carried. VARIANCE REQUEST - OVER SIZED GARAGE (ELLISON) On behalf of Wayne and Martha Ellison, Keystone Builders Corporation has made application to the City of Hugo for a variance from the 720 square foot garage limitation to construct a 780 square foot attached garage on Lot 2, Block 2, Dellwood Ridge Subdivision (aka 7175 125th Street). The request in question is consistent with Council policy with regard to over sized garages in residential districts. City Council meeting of October 7, 1991 Page 4 Jesins�;i made motion, Miron seconded, to approve the variance request of Wayne/Martha Ellison to construct a 780 square foot attached garage on Lot 2, Block 2, Dellwood Ridge (aka 7175 125th Street). The proposed garage is to be used for residential purposes only. All aye. Motion Carried. REZONING REQUEST (HATHAWAY/DESLAURIES) On behalf of Marjorie Hathaway, 790 Lower Colonial Drive, Mendota, Minnesota, Mr. Ron Deslauries has made application to the City of Hugo for the rezoning of a 21 acre tract of land from Agriculture to Industrial. The property is located at the southeast corner of 170th St. and Highway 61 (Tax parcel 3200). The Planning Commission and City Council denied an earlier request to use this property for an auto dismantling yard. In August of 1990, the Hugo Planning Commission recommended approval of a Special Use Permit to erect a single family residence and allow outdoor storage of boats, RV's, pontoons, and trailers. This request was never brought before the City Council for approval as the applicants apparently could not meet the special conditions of permit approval. The rezoning request in question does not conform with the City's current comprehensive plan for the area and does not appear to conform with the proposed use of the property as identified on the amended comprehensive plan map currently being worked on by the Hugo Planning Commission. The Planning Commission considered this matter at their meeting of September 25, 1991, and unanimously recommended approval of the rezoning request of M. Hathaway/Ron Deslauries to rezone 21 acres from Agricultural to Industrial. Brunotte made motion, Stoltzman seconded, to adopt AN ORDINANCE AMENDING CHAPTER 320 OF THE HUGO CITY CODE ENTITLED "ZONING" BY AMENDING THE ZONING DISTRICT CLASSIFICATION OF THE DESCRIBED REAL PROPERTY. VOTING AYE: Brunotte VOTING NAY: Jesinski, Miron, Stoltzman Motion Failed. The rezoning was denied based on the fact that the proposed industrial zoning classification does not conform with the proposed, or existing, comprehensive plan for the City of Hugo. SPECIAL USE PERMIT (DAVIS) Dar, and Gloria Davis of 8745 122nd St. No., have made application to the City of Hugo for a Special Use Permit to construct a 2'6' X 30' pole shed on their property described as Lot 1, Bloc4:: 1, Found La4::e Addition. Currently there is a •_0' X 48' (1440 sq. ft.) post frame building on the site. Total square footage would be 2,220 sq. ft. of accessory storage. City ordinances require a spacial use permit for acc•_sscry sto;-aye e.cceeding 1,800 sq. ft, in an RR2 zoning district. In his correspondence to the City, Mr. Dan Davis has indicated that the structure will be used for personal storage and a small hobby workshop. He has assured the City that the shed will not be used for any business purposes. The Planning City Council meeting of October 7, 1991 Page 5 Commission considered this matter at their meeting of September 25, 1991, and unanimously recommended approval of the request. Miron made motion, Jesinsl::i seconded, to approve the Special Use Permit application of Gloria and Dan Davis, 8745 122nd Street, to construct a 26' x 30' pole building, which would create 2,220 square feet of accessory storage. The proposed building is to be used for residential purposes only. All aye. Motion Carried. RICE LA[.-'.E PARK. BUILDING (FURNACE REPLACEMENT QUOTES) As per Council direction, the staff has secured quotes for the replacement or repair of the water heater and furnaces in the Rice Lake Par[-.- building. With winter rapidly approaching, it would be essential for the City to be able to properly heat the building to prevent possible damage. Arrangements have been made to extend natural gas service to the building, and the City staff is recommending award of the low quote for replacement of the two furnaces and water heater, in the amount of $3,,525.00, as submitted by Collova HVAC Corporation. The quote also reflects repair and conversion costs for upgrading the existing equipment in the building. Miron made motion, Stolt man seconded, to accept the bid of Collova HVAC Corporation to replace the water heater and furnaces in the Rice Lal-.-.e Part building, in the amount of $3,525.00. All aye. Motion Carried. REQUEST FOR RICE L-A[-:'E PAR[:.'. BUILDING USE (WHITE BEAR PISTOL CLUB ) The Council received a copy of a letter from Mr. Roger Hunt requesting use of the Rice Lake Park: building by the White Bear Lake/Hugo Pistol Club. When the City purchased the building in question from the White Bear Rod and Gun Club, in December of last year, the City allowed the use of the building by the pistol club until May 1st as a part of the purchase agreement. Mr. Hunt made a brief presentation, and reviewed his letter with the Council. Mr. Hunt is requesting use of the building, at no charge to them by the City, from November 18, 1991 to March 1, 1992. Jesinski made motion, Miron seconded, to table this request until the City Council meeting of October 21, 1991. VOTING AYE: Jesinsk-i, Miron, Stolt man VOTING NAY: Brunotte Motion Carried. COUNCIL.. MEMBER REPLACEMENT Mayor Stoltaman requested that this matter be placed on tonight's agenda for possible discussion by the Citi/ Council. It was noted that former Council member, MiL::e McAllister, resigned his position as Council member (at large), effective September 23, 1991. Pursuant to Minnesota Statutes, the procedure for replacement of a Council member who resigns during the City Council meeting of October 7, 1991 Page b .3rd or 4th year of the term, is by Council appointment, or by the Mayor, if the Council is unable to agree on a replacement. The following residents submitted written letters of interest to fill the position: Bob Olson, Debra Barnes, James Leroux, Greg Burmeister, and Jess Roush. Stolt man made motion, Miron seconded, to schedule a Council work session for October 15, 1991, at 7:00 PM, Hugo City Hall, to interview candidates for the Council -at -Large position. This meeting was be open to the public, and will be televised. All aye. Motion Carried. SITE PLAN APPROVAL (JOHN OR FRANCIS L_UTZ) On behalf of Francis and Lucille Lutz, Mr. John Lutz has made application to the City of Hugo for site plan approval to construct a new residential dwelling on the property described as the NW 1/4 of the NE 1/4 of Section 15, T31N, R21W, Washington County, Minnesota. The reason for Council review is that the property in question currently accommodates a single family residence, and agricultural districts do not permit more than one single family dwelling unit on a lot. Mr. Lutz has stated that they would like to continue to reside in the existing dwelling until the new one is constructed. Once the new home is constructed, Mr. Lutz has stated that the existing building will remain on site and will be used for farm purposes, but not for human habitation. The City of Hugo addressed a similar request approximately two years ago, but the applicant provided financial security to guarantee that the older dwelling would be moved from the site within a specified period of time after a certificate of occupancy had been issued on the new dwelling. Typically, requests of this nature are accompanied by a request to subdivide the property to accommodate more than two dwelling units. If the City Council is receptive to this request, the Citi; staff recommends that the property owner enter into an agreement with the City, prepared by the City Attorney, guaranteeing that the older dwelling, to be used for farm use, would not be used for human habitation. Approval would also be subject tc compliance with the site plan submitted and the construction of a satisfactory on-site sewer system, which complies with City ordinances. John Lutz was present at the meeting, and stated that he wanted to leave all options open as to the future use of the old house. Miron made motion, Brunotte seconded, to approve the site plan for John Lutz to construct a new residential dwelling on property described as the NW 1/4 of the NE 1/4 of Section 15, T31N, R1W, Washington County, MN. Approval is based on the understanding that an on-site sewer system, meeting codes, is installed, and Mr. Lutz has 19 months in which to determine the status of the older residence on site, to be accomplished in one--of-three ways: 1. Designate the older residence as a farm accessory buildinq with no human habitation allowed. ?. Removal of the older residence from the site. 3. If the older residence is to be used as a single family dwelling, the property would have to be subdivided consistent with City subdivision regulations. All aye. Motion Carried. City Council meeting of October 7, 1991 Paqe 7 ADMINISTRATOR SEARCH COMMITTEE Miron made motion, Jesinsk::i seconded, to schedule a City Council meeting for October 17, 1991, 7:30 PM, Hugo City Hall, for the sole purpose of meeting with the Administrator Search Committee. All aye. Motion Carried. MISCELLANEOUS Mayor Stoltzman reported on the following: 1. An open house would be held at the Hugo Fire Department on October 12, 1991, 10:00 to 12 noon, for Fire Prevention Week::. 2. Wilson Tool invited the City Council to take a tour of their business some time the week: of October 14-18, 1991 in celebration of 25 years of business. CHANGE ORDER #4 Stoltzman made motion. Jesinsk:i seconded, to approve Change Order #4 (CIP, Phase 2) to install silt fence, where required, in the amount of $9,755. All aye. Motion Carried. AMBULANCE SERVICE CONTRACT Warren Arcand submitted a petition, with approximately 945 signatures, requesting that the City Council reconsider their decision to change Hugo's ambulance service contract from White bear to Forest Lakce. Mike Perrault, Hugo's representative on the Governing board of the Memorial Hospital District, ask -ed what information, verbal or written, was given to people in the solicitor's attempt to obtain their signature. Mr. Arcand denied that anything was distributed to the people, and Mr. Perreault presented an accompanying flyer that was given to his wife at the time she was approached to sign the petition, and said flyer was signed by Mr. Arcand. Mr. Perrault stated that the information in the flyer was incorrect and the public was being misled. Mayor Stoltzman stated that before any City Councilman votes to change their decision on this issue, that they review their new information with DMH representatives to be sure they are dealing with factual information, and they; have both sides of the story. JEsinsk::i made motion, Brunotte seconded, to adjourn at 10:40 PM. All aye. Motion Carried. MaryF, Creager, City er k: