HomeMy WebLinkAbout1991.11.04 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF _NOVEMBER 4, 1991
The meetinq was called to order by Mayor Stolt man at 7:00 PM.
PRESENT: Barnes, Brunotte, Jesinsk:i, Miron, Stolt man
City Administrator, Hien HLIber
City Attorney, Charles Johnson
City Clerk, Mary Ann Creager
Jesinsk:i made motion, Brunotte seconded, to approve the minutes for the
City Council meeting of October 21, 1991 as amended.
All aye. Motion Carried.
Miron made motion, Brunotte seconded, to approve the claims for November
4, 1991, in the amount of $231,lee.50.
All aye. Motion Carried.
AMBULANCE SERVICE CONTRACT
At the September 16, 1991 regular meeting of the Hugo City Council, action
was taken to award the Ambulance Service Contract to the District Memorial
Hospital for a two-year period, and authorized the Mayor to sign said
contract on behalf of the City of Hugo. This approval was based on four
special conditions. At the October 7, .1.991• regular meeting of the Hugo
City Council, Mr. Warren Arcand submitted a petition, with approximately
945 signatures, requesting that the City Council reconsider their decision
to award the ambulance service contract to the District Memorial
Hospital. At that time, Mr. Mike Perreault, Chairman of the Hospital
Board, addressed the Council and stated that the petition submitted by Mr.
Arcand was not credible, in that false information was given to residents
when the petition was circulated by the petitioners. Mayor Stolt man
requested that Mr. PerreaUlt meet with the fire department and discuss
issues of concern to see if the fire department would change its position
with regard to working with the District Memorial Hospital. Mayor
Stolt man also requested that members of the Council visit with the Forest
Lake Ambulance Service personnel, and view their facilities and equipment
to qet a better feel for their capability in serving the City of Huqo. He
indicated the importance of the City Council dealinq with factual
information and hearinq both sides of the story before he would sign any
con'-ract. This matter is being placed on the agenda, as per the City
Courar_il's request. Copies of the agenda were sent to DMH, Hugo Fire
Department,; and White Bear Lake Fire Dept. Because of a preVioUs
recommendation from the Fire Chief to r,?tain the White Bear Ambulance
Service, and the petition, with approximately 950 names, Councilman
Brunntte offered the following motion:
BrUr;otte made motion, Miron seconded, tc rescind the original motion to
enter- into a two-year contract with Di-_:tric.t Memnrial Hospital to prov .de
ambU:iance service to the City of Hugo.
VOTING AYE: Barnes, BrU-10tte, Miron, Stoltzman
V111TIH6 NAY: Jesinski
Motion Carried.
City Council of November 4, 1991
Page 2
Brunotte made motion, Barnes seconded, that the City of Hugo enter into a
two-year arrangement with the City of White Bear Lake to provide ambulance
service to the City of Hugo from January, 199: through December, 1993.
The City of Hugo will no lonqer subsidize the White Bear Ambulance
Paramedic program, and rates be approved at $275 for ALS and $175 for BLS.
VOTING AYE: Barnes, Brunotte, Miron, Stolt man
VOTING NAY: Jesinski
Motion Carried.
DRIVEWAY PERMIT REQUEST - B. SCHROEDER
As per Council direction, this matter was placed on this agenda, as the
City did receive the documents requested from Bryon Schroeder on October
25, 1991 . Proof of ownership, copies of the Town Board minutes, and
preliminary subdivision plat have now been submitted. Mr. Bryon Schroeder
of 3115 Johnson St., Mpls., Minnesota has requested a driveway permit to
access his property in Grant Township, south of Isleton Ave., in the plat
of Round Lake Addition. The Council had indicated its reluctance to issue
this permit, based on the documents previously provided by Mr. Schroeder,
which indicate a road is being planned in Giant Township to access Isleton
Ave., in the City of Hugo. The property in question appears to be in the
possession of Bryon Schroeder and Glen Bjornson, by contract for deed, and
the fee owner of the property is Mike Lengyl. The property, as identified
on the deed, appears to identify a 40 acre tract of land, while the
Purchase Aqreement submitted identifies the tract as being_ 49 acres. The
preliminary plat and grading plan of Mann Lake Estate, as proposed, shows
the tract of land in question as Block: 1, Phase 2 of said proposed plat.
On September 16, 1991, the City Council approved the driveway permit in
question subject to the City Attorney concurring that Council's action
would not jeopardize our future position with regard to acE::nowledgment of
the roadway in Grant Township. Because of the concerns raised by the City
Attorney, this permit was not issued, and the matter was brought to the
Council on October 7, 1991 for further consideration. The City staff has
raised a question with the Grant Township Clerk with regard to whether
they accept Mr. Schroeder's minor subdivision approval as being complete,
in that the special conditions of approval may not be satisfied at this
time. City Administrator, k::en Huber, reviewed the plat of Mann Lake
Estates, which subdivides the Schroeder/Bjornson/Lengyl property into
numerous lots. Their suodivision (Fhase 2) is part of a much larger
development for Mann LaE::e 'states, with roads funneling to Isleton Avenue
in Round Lake Estate-.
Miron made motion, Stolt man seconded, to approve the Driveway Permit
request o•% Bryor• Schroeder to serve a 40+ tract of land in Grant Township
from Isleton AvenU2� in Found Lake? Estates. Approval is subject to *he
following special conditions:
1. One single access driveway permit be issued to serve a single-family
dwelling on the property described as the NE 1/4 of the NE 1/4,
Section 4, T30N, R21W, Washington County, Minnesota, from the
cul-de-sac on Isleton Avenue, in the plat of Round Lake Addition.
City Council meeting of November 4, 1991
Page _
2. The City shall have no obligation to serve any landlocked parcels
created by subdivision of the above referenced property, either by
roadway or any other- means, from Isleton Ave. No.
3. In granting this driveway permit, the City has not, and does not,
imply or approve or otherwise agree to any proposed road plan for
future development which would exit from Grant Township onto Isleton
Ave. No.
4. The entire matter of any future traffic connection to Isleton Avenue,
and any location and plan of future roads, is expressly excluded from
the City's issuance of this driveway permit, and is a matter which
would have to be approved by the Hugo City Council in the future.
5. The City accepts the letter of October 24, 1991, signed by Bryon
Schroeder/Glen Bjornson/Mike Lengyl, as a part of this driveway permit
approval.
All aye. Motion Carried.
PERMIT REQUEST - D. SANTANNI
Mr. Dan Santanni of 1019 W. Sherren St., Roseville, Minnesota has
requested an opportunity to again appear before the City Council in an
effort to secure a building permit to construct a 50' X 81' pole building
on his property identified as the E 1/2 of the NW 1/4 of Section a•_,, T31N,
R21W, Washington County, Minnesota. On October 16, 1989, the City Council
acted to issue a special use permit to allow the construction of a 50' X
54' pole building subject to ten special conditions. Mr. Santanni sought
removal of the conditions, and requested that the size of the building be
increased to 50' X 81' in an amended special use permit, acted on by the
Council on December 4, 1989. Santanni refused to accept the special use
permit asserting that condition six, which required the owners to give the
City access to the site at reasonable times for the purpose of inspection,
violated their constitutional rights. Mr. Santanni again appeared before
the City Council on June 17, 1991, again requesting a special use permit,
but deleting the provision that the property can be inspected by the City
at reasonable times. Members of the Council also raised the question as
to whether a special use permit would be required for requests of this
nature. City Attorney Charles Johnson provided a legal opinion to the
City Council on July, 1 1991, which stated in conclusion that, "an
accessory use storage building in an agricultural district is an accessory
building that would require a special use permit, unless a principal
!wilding exists on the lot". Mr. Johnson also stated that a condition of
a special use permit requiring the owner to give City representative_ -s
qualified access to the lot to inspect for compliance with permit
conditions should not be considered as a violation of their constitutional
rights. in mid-October, various members of the City Council were given
copies of a legal opinion from Mr. Santanni's attorney, Greg Caller, who
provided a legal interpretation. The City staff concurs with the opinion
provided by the City Attorney, and feels the perrr.it approvai authorized by
the City Council on December 4, 1989, was valid and appropria::e. F.fter
continued discus-iion on different interpretations of the City's ordinance
regarding accessory buildings, it was the consensus of the City Council,
with the exception of Councilman Miron, to concur with the opinion
provided by the City Attorney. Mr. Santanni again stated that he refuses
to accept any of the special conditions of the previously issued SUP. No
further action was taken by the City Council.
City Council meeting of November 4, 1991
Page 4
VARIANCE REQUEST (SMITH
On behalf of Mr. and Mrs. Marta Smith, G & H Builders has made application
to the City of Hugo for a variance to construct an 824 square foot
attached garage on their property identified as 4955 126th Street North,
Hugo, MN. (720 sq ft maximum allowed). The request in question is
consistent with the Council's policy regarding over -sized garages in SFE
districts. This approval should be subject to no commercial or industrial
activities tatting place in the garage proposed.
Miron made motion, Jesinski seconded, to approve the variance request of
Mart, Smith of 4955 126th Street to construct an 824 square foot attached
garage on his property. Approval is subject to no commercial or
industrial use in the proposed garage.
All aye. Motion Carried.
VARIANCE (NEPHEW)
On behalf of Dean and Cindy Nephew, keystone Builders has made application
to the City of Hugo to construct an 844 square foot attached garage to be
located at 12200 Upper Heather Avenue Nortl, Hugo, MN. (720 sq fit maximum
allowed). The property in question is zoned RR2, and consists of
approximately five gross acres. The request in question is consistent
with City Council policy regarding over -sized garages in residential
districts. This approval should be subject to no commercial or industrial
activities tatting place in the garage proposed.
Brunotte made motion, Barnes seconded, to approve the variance request of
Dean and Cindy Nephew of 12200 Upper Heather Avenue to construct an 844
square foot attached garage on their property. Approval is subject to no
commercial or industrial use in the proposed garage.
All aye. Motion Carried.
VARIANCE (BOERUM)
Lisa and Walter Boerum of 8521 155th St. No., have made application to the
City of Hugo for a variance to construct a 24' X 26' pole barn on their
property, 34' frog+7 the rear property line (50' setback required). The
building in question will be located behind the principal residence, and
will be used for residential purposes only. The property in question is
:zoned agricultural and consists of approxim_itely _'.7 acres. The
applicants have indicated the purpose of their variance request in the
enclosed letter. In reviewing the site plan, it does apoear that the
proposed St! -acture could be located west of the existing home_- and meet the
required rear yard setback. The property is located in the NW 1/4 of the
SW 1/4 cf Section 14, T31N, R21W, near the southwest corn�:-r of 1.55th St.
and Irish Avenue. This matter was scheduled for a !-gearing before the
Board of Zoning Adjustments on October 23, 1991. The applicants failed t
appear at the hearing, as did two of the three members of the Board of
Zoninq Adjustments. This matter comes to the City Council without a
recommendation of the Board of Zoning Adjustments.
City Council meeting of November 4, 1991
Page 5
Miron made motion, Stolt man seconded, to approve the variance request of
Lisa and Walter Boerum of 8521 155th Street to construct a 24' x 26' pole
barn 34' from the rear property line. City ordinance requires a 50'
setback. Approval is subject to the proposed building being used for
residential purposes only.
All aye. Motion Carried.
SPECIAL USE PERMIT (KRUSE
Doug and Judith Kruse of 12616 Ingersoll Ave., have made application to
the City of Hugo for the construction of a 26' X 36' pole barn on their
property identified as follows: The north 219' of the south 667' of the
west 486.16' of Government Lot 5, Section ._,5, T31N, R21W, Washington Co.,
Minnesota. The property consists of approximately 2.5 acres, and is zoned
RR2. The site is located east of Ingersoll Ave. near- Sunset Lake. The
applicants currently reside in the home located on the west side of
Ingersoll Ave. adjacent to the site in question. Said site currently
accommodates a 26' X 38' building for accessory storage. Chapter 320-4,
Sub. P, limits the amount of accessory storage to 1800 sq. ft. in this
zoning district, and the proposed building would increase the amount of
accessory storage to 1,924 sq. ft. In the 1970's, the City of Hugo issued
a special use permit allowing the construction of an accessory building on
the lot in question to serve the principal residence. In the early
1980's, the City authorised the installation of a septic system on the lot
in question to serve the residence identified as 12616 Ingersoll Ave. No.
It would appear that over the years the City has treated the two lots in
question as a single lot for the purpose of providing accessory building
and services to the residence on Sunset LaE:e. If the City Council moves
to approve this request, the City staff recommends that it be made clear
that the two parcels are being treated as a single tract of land for
development purposes, and that the two parcels be combined as a single
parcel, if permitted by the Washington County Auditor's Office. The Hugo
Planning Commission considered this matter at their meeting of October 23,
1991, and recommended approval of the request subject to special
conditions. The following comments were made at said PC meeting: Mr.
Kruse stated that his tax records indicate the property is one parcel. He
intends to store an old boat, cars, and other personal items in the
proposed structure. Mr. Pat Meehan, who owns property adjacent to the
KrUae property, stated that the existing building is being used for auto
repair, and there is concern that an additional buildinq will increase the
auto repair wore: and cause additional late night noise, odor, and fire
hazards in the area. Mr. Meehan stated that although there are numerous
veh*_cles brought onto the site for repairs, he had no objection to the
building if it wer�a to be used to store all the miscellaneous items strewn
about the property. Mr. Kruse, present at the meeting, stated that the
photos, as submitted by Mr. Meehan, do riot indicaie what exists today.
Mr. Kruse also stated that he has a full-time job, and does not run an
auto body business on his property. He also si_ated that Mr. Meehan
operates Withrow Trucking from his property, and he shouldn't be
complaining about his neighbor.
Miron made motion, Brunotte seconded, to approve the request of Mr. Doug
Kruse of 12616 Ingersoll Avenue for a Special Use Permit to construct a
City Council meeting of November 4, 1991
Page 6
26' x 36' pole barn on his property identified as the North 219' of the
South 667' of the West 486.16' of Government Lot 5, Section 35, T31N,
R21W, Washington County, MN. Approval is subject to the following special
conditions:
1. The structure in question shall be used for agricultural or
residential purposes only, and no commercial or industrial use of the
property will be permitted.
2. The city staff be permitted access to the site at reasonable times for
inspection to assure compliance with this permit.
3. This permit and approval shall run with the land, and shall be placed
on file in the office of the County Recorder.
4. Failure to comply with all conditions of the Special Use Permit shall
be grounds for revocation of same.
All aye. Motion Carried.
SPECIAL USE PERMIT (ROSSE)
Mr. Louis Rosse, Jr., Donovan Heggestad, and Audrey Larsen made
application to the City of Hugo for a special use permit to construct a
48' X 72' pole shed prior to construction df a principal residence. The
purpose of the request is to store agricultural commodities, machinery,
and possibly livestock::. Mr. Rosse appeared before the Council questionin(
why he needed a SUP in that all his property was homesteaded. There was
lengthy discussion regarding ownership of the easement allowing Mr-. Rosse
access to his property, construction of agricultural buildings, and
commercial businesses in pole barns. Mayor Stoltzman stated that he
understood that Mr. Rosse maintained the easement, and had no problems with
him storing his grader and tandem truck; in the proposed building;
however, he was concerned with the possibility of an agriculture building
being used for commercial purposes.
Barnes made motion, Miron seconded, to table the Rosse request until such
time as he can provide more information on the ownership of the private
roadway providing access to his residence, and again requests Council
consideration.
All aye. Motion Carried.
SPECIAL. USE PERMIT (DOTTE)
Mr. James Dotte, 3165 Karth Rd., White Bear Lake, Minnesota has made
application to the City of Hugo for a Special Use Permit to allow -for the
removal of black: dirt from property owned by him, in the City of HOC.O, for
the purpose of operating his landscaping business. The site in question
is located at the northeast corner of Fenway Ave. and 165th St. 5380
165th St.). The property consists of approxime.tely ter, acres and is zone;
agricultural. Mr. Dotte has indicated that it is his intent to remove th+
top soil from the area identified, and that a residential dwelling will 5i
constructed some time in the future. On May 15, 1989, Mr. Dotte was
granted a Special Use Permit for the excavation of two ponding areas, and
the removal of soils from parcels A and B on 165th St. and Fenway Ave.
Since that time, Mr. Dotte's SUP has expired and only one of the ponds
City Council meeting of November 4, 1991
Page 7
originally proposed has been completed. The ponding area in question is
that portion of land on the eastern 1/3 of the site at or below elevation
913 mean sea level. The staff reviewed the site for compliance with the
previously issued special use permit, and reported that Mr. Dotte has
complied with all conditions of the previous SUP. The Hugo Planning
Commission considered this matter at their meeting of October 23, 1991,
and recommended approval subject to special conditions. Tony Penna,
neighboring property owner, stated that he had concerns with the ponds on
the property, and Mr. Penna was informed that the ponds and drainage on
Dotte's property are under the jurisdiction of the Rice Creek Watershed
District.
brunotte made motion, Barnes seconded, to approve the Special Use Permit
request of Mr. James Dotte to allow for the removal of black dirt from his
property. Approval is subject to the following special conditions:
1. Compliance with Rice Watershed District Permit #91-20.
2. Removal of soils may be permitted within the identified ponding areas
no deeper than 911 mean sea level.
3. No soil material shall be removed within 50' of the east and north
property lines.
4. The property owner shall be responsible7 for all illegal dumping on
site and all illegally dumped material must removed and dumped in an
approved sanitary landfill.
5. This permit shall expire on December 31, 1993.
b. The property lines and ponding areas on the site must be identified by
the applicants to assure proper setbacks are met if required by the
City code enforcement officer.
7. All on-site activities, as a result of this permit, shall not cause
the altering of any public water course, ditch, or approved drainage
system, unless approved by the RCWD.
8. No activities on site will be permitted other than the mining of black.
dirt and the construction of a single family residence.
9. Financial security, in the amount of $1,000 in the form of a letter of
credit or cashier's check, shall be provided to assure compliance with
this permit through December 31, 1993.
10. Any violations of the terms or conditions of this SUP shall be grounds
for immediate termination of same and forfeiture of the financial
security provided.
11. Required mining permit shall also be secured.
12. The City staff be permitted access to the site at reasonable times for
inspection to assure compliance with this permit.
All aye. Motion Carried.
FIRE T RUCK+. .+ 1 DS
As per Council direction, the City has received sealed bids for one 1250
GPM pumper fire truck for the Fire Dept. Bids were received, and opened
at 1:00 PM on October 28, 1991. The City mailed out bid packages to five
potential bidders, and received two bids; one from General Fire and Safety
of North Branch, in the amount of $190,215, and one from Seagraves, in the
amount of 6188,970.
City Council meeting of November 4, 1991
Page e
Miron made motion, Brunotte seconded, to accept the bid of General Fire
and Safety of North Branch for a Peterbilt 1250 GPM pumper fire truck, in
the amount of $1e0,215. The City retains the option to accept the
trade-in price of $2,000 within 90 days of delivery of the vehicle.
All aye. Motion Carried.
PETITIONS, REQUEST, AND COMMUNICATIONS
The City Council received copies of three letters from various individuals
requesting a City Council response or action by the City of Hugo. Mr.
Paul Zelenal:: of 6020 135th Street had constructed two brick:: pillars within
the street right-of-way, and was contacted to have the pillars
moved/removed from their location. Mr. Zelenak requested the City Council
grant a variance to allow the pillars to remain in their present location
in the road right-of-way. It was the consensus of the City Council that
the pillars should be moved/removed from the site as they are a safety and
plowing hazard, and Mr. Zelenat:: be notified of this decision.
Carol Plocher appeared before the Council requesting approval to start
construction of a garage in conjunction with the construction of the main
residence. It was determined that as long as construction had start on
the house, construction on the garage could also commence.
Tom Steichen of 12700 Ingersoll Avenue was present, requesting that the
City locate and replace his property stake located at the northwest corner
of his property. He stated that five or six years ago, the City did word::
on a culvert under Ingersoll Avenue and buried his property stake.
Because of the early snow fall, the Council requested that Mr. Steichen
approach the City some time in the spring of 1992.
MISCELLANEOUS
The City received a letter from Charles Schwab resigning from his position
on the Administrator Search Committee.
Miron made motion, Brunotte seconded, to accept the resignation of Debra
Barnes from the Planning Commission and the Board of Zoning Adjustments.
All aye. Motion Carried.
The City received a letter from David Schumenn suggesting policy changes
in how the City appoints its con=►ltant.-, This matter should be placed on
the agenda for the meeting of November 1y, 1991.
Councilman Barnes suggested that the COUncil discuss preparing the agenda
sooner to allow more time to review: packet information. This matter
should be placed on the agenda for the meeting of November 19, 1991.
Brunotte made motion, Mircn seconded, to adjourn at 10:05 PM.
All aye. Motion Car ied.
MaryA Creager, City C �::