HomeMy WebLinkAbout1990.02.02 CC MinutesMINUTES FOR THE REGULARCITY COUNCIL_ MEETING_OF APRIL 2, 1990
The meeting was called to order by Mayor Atkinson at 7:02 PM.
PRESENT: McAllister, Jesinsk:i, Olson, Vail, Atkinson
City Administrator, Ken Huber
City Attorney, Charles Johnson
City Clerk, Mary Ann Creager
Olson made motion, Vail seconded, to approve the minutes for the regular
City Council meeting of March 19, 1990 as submitted.
All aye. Motion Carried.
Vail made motion, Olson seconded, to approve the claims for April 2, 1990
in the amount of $12,685.01.
All aye. Motion Carried.
3.2 BEER LICENSE (D. TAVERNIER)
Mr. Darrell Tavernier has made application to the City of Hugo for on an
off sale non -intoxicating liquor licenses and a cigarette license for the
Lakeview Inn boat rental and beverage sales establishment at 4444 129th
Street North. This is a request for renewal of the licenses as the City
Council has granted similar requests to Mr. Tavernier in previous years.
If the Council elects to approve the licenses, the staff recommends said
approval be subject to securing all other required licenses as well as
compliance with health, safety, and other requirements of the municipal
code.
McAllister made motion, Vail seconded, to approve an on/off sale
non -intoxicating liquor license and a cigarette license for the Lakeview
Inn (D. Tavernier), 4444 129th Street, Hugo, MN. Approval of this license
is subject to Mr. Tavernier securing all other required licenses as well
as compliance with health, safety, and other requirements of the municipal
code.
All aye. Motion Carried.
REQUEST FOR PARK USE (J. MARIER)
As per the City Council's request, Mr. Jim Marier has made a written
request to utilize the City ballfields north of City Hall for a 16 -team
men's softball tournament. The tournament will take place on April 28 and
April 29, 1990. Games would be scheduled from 8:00 AM to 7:30 PM each
day. Beer, flood, and other refreshments will be served by the Hugo Lions
Club from their concession stand.
McAllister made motion, Jesinski seconded, to approve the request of Mr.
Jim Marier to utilize the City ballfields north of City Hall for a 16 -team
men's softball tournament on April 28 and 29, 1990. Approval is subject
to the tournament sponsor being responsible for the following:
1. On -street parking on Fitzgerald Avenue and 147th Street be such t-.ha.t
it does not disrupt the two-way flow of traffic on the said streets.
2. Activities on the fields shall not begin before 7:00 AM and bust be
concluded by no later than 10:00 PM each day.
City Council meeting of April 2, 1990
Page
No over camping be permitted in the part::.
4. No glass beverage containers be permitted in the part::.
5. At the conclusion of the tournament, or no later than 1:00 noon,
April 30, 1990, all trash, rubbish, and other debris in the park: shall
be removed and properly disposed of so as to leave the part:: in a clean
and safe condition.
b. The sale of alcoholic beverages on site shall be done by a licensed
vendor caring the proper liability insurance as per Minnesota
Statutes.
All aye. Motion Carried.
RESOLUTION ON PUBLIC IMPROVEMENT (ELMCREST AVENUE)
The City Council was provided with a copy of the required resolution
ordering the feasibility report for the Elmcrest Avenue improvement
project proposed with the City of Lino Lat.-:es for their review. Mr. Dan
Boxrud, Short, Elliot, and Hendrickson has been authorized by the City of
Lino Lanes to proceed with the feasibility report, and the Hugo City
Council has indicated an interest in not duplicating the engineering
services for this project. This matter has been discussed with the City
Engineer, Howard KUUsisto, and he has no objection to the City using this
approach under the current circumstances. This matter was tabled from the
City Council meeting of March 19, 19?0.
McAllister made motion, Olson seconded, to adopt RESOLUTION 1990-8
RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT OF ELMCREST
AVENUE PROJECT #4-22-90.
VOTING AYE: McAllister, Jesinsl%i, Olson, Vail, Atkinson
VOTING NAY: NONE
Motion Carried.
LETTER OF INTENT WITH LINO LAI -.::ES (ELMCREST AVENUE)
The City Council received a copy of the Letter of Intent committing the
City to participate in the cost of preparing the formal feasibility study
for the Elmcrest Avenue road improvement project for their review. Total
estimated cost of the project, prior to the feasibility study, was
$3210' 000. 00. The estimated cost of the feasibility report is $4,500.
This matter was tabled from the City Council meeting of March 19, 1990.
McAllister made motion, Olson seconded, authorizing the Mayor to sign the
Letter of Intent between the City of Hugo and the City of Lino Lakes,
committing the City to participate in the cost of preparing the formal
feasibility Study for the Elmcrest Avenue road improvement project.
All aye. Motion Carried.
GARAGE LOCATION VARIANCE (R. MERSCH)
Mr. Robert Mersch has applied to the City of Hugo for a variance to
construct a 222 x 60 pole building within 1.1' of the SOUth property line or--,
his property described as 1.2895 Ethan Avenue. The property in question is
City Council meeting of April 2, 1990
Page _
zoned conservancy and consists of approximately 8 112 acres. Mr. Mersch
has indicated in his narrative that it is impossible to relocate the
proposed building to meet the setback requirements because of the wetlands
to the east, the creek: to the north, and a home that is built on the hill.
which would not allow for another structure. This request also involves
the location of the new garage to be located in front of the house which
is a part of the variance request. This building placement was reviewed
by the City Code Enforcement Officer, and he concurred that the site
proposed was probably the most reasonable location for the building in
question. This matter was reviewed by the Hugo Board of Zoning
Adjustments at their March 28, 1990 meeting at which time said Board
recommended approval of the two variances in question. It should be
emphasized that granting of the variance allows for an encroachment into
the side and front yards; however, it does not allow the structure in
question to be used for other than residential purposes. Mr. Mersch has
stated that the small garage now located on the property will be removed
on or before completion of the new structure.
Olson made motion, Vail seconded, to approve the variance request of Mr.
Robert Mersch to construct a 22 x 60 pole type garage with 11' of the
south property line, and in front of the house, on his property located at
12895 Ethan Avenue. The new structure is not to be used for any
commercial or industrial purposes of any type.
All aye. Motion Carried.
REZONING REQUEST (D. LUTZ)
On behalf of David and Lorna Lutz, Mr. David Lutz, Jr. has made
application to the City of Hugo for the rezoning of a 60 acre tract of
land from conservancy to agriculture. The property in question is located
west of F::eystone Ave. and northeast of School Section Lake (north 68 1/4
rods of Government Lot 2 and all of Government Lot 3 in Section 25, T31N,
R21W, Hugo, Minnesota). The property to the north of the site in question
is currently zoned agriculture, while the areas to the west and south are
zoned conservancy. The area to the east of k::eystone Avenue is in May
Township. Mr. Lutz also owns the tract of land immediately north of the
site in question, and it is their intent to continue farming the land for
the time being, although the long-term plan may be to subdivide the
property into ten acre lots for future development. If the property were
to be Subdivided to accommodate a single family dwelling on a ten acre
tract, the applicant would be required to go through the subdivision
process as per City ordinance. This request appears to be consistent with
the City's comprehensive plan and similar types of development in this
area of the City.
McAllister made motion, Jesinsk:i seconded, to adopt ORDINANCE 1990-264 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: McAllister, Jesinsk:i, Olson, Vail, Atl%inson
VOTING Nr AY s NONE_
Motion Carried.
City Council meeting April 2, 1990
Page 4
REZONING REQUEST (ST. JOHN'S CHURCH)
On behalf of St. John the Baptist Catholic Church of Hugo, Minnesota,- the
Washington County Housing and Redevelopment Authority has made application
to the City for the rezoning of a.4 acre tract of land from Concentrated
Business to Retail Business. The property in question is located south of
the church parking lot between Trunk Highway 61 and Egg Lake. The
rezoning involves only Parcel B as identified on the certificate of
survey. The area north of the site in question is zoned Concentrated
Business, the area west of the site is zoned Industrial, and the area
south of the site is zoned RB and SFU. The purpose of the rezoning
request is to accommodate the construction of a multiple family
residential housing project on the site. Multiple family residences are
permitted in RD zones by special use permit. This rezoning request is the
first in a series of three steps necessary to accommodate the project
being proposed by the Housing Authority. Fending rezoning approval, the
subdivision of the property would be required, and a special use permit
application be submitted for consideration.
McAllister made motion, Jesinski seconded, to adopt ORDINANCE 1990-265 AND
ORDINANCE AMENDING CHAPTER 320 OF THE HUGO CITY CODE ENTITLED "ZONING" BY
AMENDING THE ZONING DISTRICT CLASSIFICATION OF THE DESCRIBED REAL
PROPERTY.
VOTING AYE: McAllister, Jesink:si, Olson, Vail, Atkinson
VOTING NAY: NONE
Motion Carried.
MINOR SUBDIVISION (P. RICE
On behalf of Jerome Pierre, Phyllis Green, and Mr. Robert Elsola, Mr. Paul
Rice has made application to the City of Hugo to subdivide approximately
19 acres, zoned conservancy into three lots to be consolidated with three
homesites. The property in question is on both sides of k::eller Ave. and
at the southeast corner of School Section Lake. The applicants currently
have residences on parcels A, B, and C east of k::eller Ave. as indicated on
the enclosed certificate of survey. The applicants have acquired the
portion of land west of F. -:eller Ave. from Mr. Robert Elsola in an effort to
secure access to School Section Lake. The property is currently zoned
conservancy and the applicants are requestinq waiver of the formal.
subdivision requirements. In liqht of the fact that this request involves
the consolidation of property to expand the size of the existing
residential lots, and considering there are no improvements or development
proposed for the site in question, the following motion was made:
Atkinson made motion, Vail seconded, to approve the final Certificate of
Survey #4-2-90 for Jerome Pierre, Phyllis Green, Robert Elsola, and Paul
Rice, and waiver of the formal platting requirements. Approval. is subiect
to the following special conditions:
1. All conditions of survey approval must be met prior to the stamping (31
any deeds for recording by the city clerk: unless otherwise permitted
by council action.
2. If required, permits from the Department of Natural Resources must ['4.?
secured prior to final survey approval.
City Council ,meeting of April 2, 1990
Page S
3. All fees relating to this subdivision shall be paid by the applicant
including the cost of recording documents with Washinqton County.
4. No improvements, landscaping, or grading shall be permitted in the
defined drainage areas without the express written authorization of
the City and the approved watershed districts.
5. The use for which this permit is sought is not in violation of any
restrictive covenants applying to the property referenced herein.
6. Although separated by a public roadway, the lots identified as Parcels
A, B, and C shall be considered as single parcels of land.
7. No buildings are to be constructed on these parcels in violation of
the city's shoreland regulations.
All aye. Motion Carried.
FIRE DEPARTMENT RESIGNATION
Mr. Jim Kellison submitted a letter to Ron Istvanovich resigning his
position as firefighter in the Hugo Fire Dept. Mr. k;ellison accepted a
job in California, and has moved from the City of Hugo.
AtI;inson made motion, Olson seconded, to accept the resignation of Mr. Jim
Kelli.son from the Hugo Fire Department effective February 5, 1990.
All aye. Motion Carried.
WAIVER OF EXCESS L..IABILITY INSURANCE (RESOLUTION)
The City'Council received a memorandum from the City Finance Director
regarding the obtaining of excess liability insurance coverage for the
City for their review. Currently, state law places a $600,000 cap on the
monetary limits of tort liability for municipalities. There are, however,
certain situations where the City can be found liable beyond the limits
specified in Minnesota Statute 466.04. It would be desirous that the City
accepts excess liability coverage limits of one million dollar=_. in those
cases. The resolution reflects the intent of the City Council regardinq
certain coverage for liability in excess of $600,000, and the indication
that we do not want to waive the monetary limits toward liability
established by Minnesota Statute 466.04. This matter was reviewed with
the City Attorney, and the City staff is recommending adoption of the
resolution. This action should result in a savings of approximately
$1,400 in our liability insurance premiums.
McAllister made motion, Olson seconded, to adopt RESOLUTION 1990-9
RESOLUTION OBTAINING EXCESS LIABILITY INSURANCE COVERAGE.
VOTING AYE: McAllister, Jesins�-:i, Olson, Vail, Atkinson
Motion Carried.
SPECIAL. USE PERMIT REVIEW ( S . k_RUEGER )_
As per Council direction, a Planning Commission hearing was scheduled for
March "9, 1990 to consider the possible revocation of a. special use perrrj.i.t
City Council meeting of April ?, 1990
Page b
issued to Mr. Stanford Krueger and Verdene Molitor, August ?, 1987. The
initial special use permit request was reviewed by the planning commission
at a public hearing on July 2" 1987. In his initial application Mr.
k:.rueger requested the construction of a 50' X ec pole building prior to
construction of a principal residence on site. Mr. k:.rueger stated on his
application that the pole building is to be used for storage of his
tractors and implements used in farming. In August of 1987, the City
Council approved the special use permit as recommended by the Planning
Commission with emphasis on the fact that the structure in question must
be used for farming purposes and that no commercial and industrial uses be
permitted as well as a principal residence being substantially under
construction by January 1, 1988. In the late fall of 1988, Mr. Krueger
appeared before the City Council and requested an extension of time be
given for the construction of the principal residence because of financial
difficulties he had encountered. The City Council granted an extension
date to December -31, 1989 allowing him one additional year to begin
construction of a residence. On November 20, 1989, the city administrator
visited the site in question located at 6909 132nd St. No., Hugo,
Minnesota. Mr. Stanford k"rueger was present on the site and accompanied
the city administrator as he viewed the grounds and the east half of the
storage building constructed under this special use permit. In viewing
the site, the following was noted:
1. The east side of the building in question was open and Mr. Krueger was
loading pallets and bores onto shelving in this portion of the
structure. The building was being used as a warehouse and no farm
equipment was present in the building other than the tractor being
used as a forklift.
�. There was an unknown quantity of shelving and brackets located outside
of the building east of the driveway. There was a large quantity of
pallets being stored outside of the pole building at the west end of
said structure.
There was a very large quantity of boxes being stored on the shelving
inside of the building in question, as well as, a large quantity of
boxes being stored on the floor of the building.
4. There was some farm equipment being stored outside of the building in
an open field north of said structure.
In the city administrator's discussions with Mr. Krueger, it was
acknowledged that no farming was taking place in the area south of the
Structure in question, but it was Mr. V::rueger's intent to graze cattle on
the site when fences are put up some time in the future. He also stated
that sometime this winter, Mr. k::rueger intended to put his house up for
sale in Vadnais Heights so he could have a down payment to construct a new
home on the site. When the city administrator requested access to the
west portion of the building to see how it was being used, he was denied
access by Mr. k::rueger. .
On January 8th, 1990, Mr. Stanford Krueger was sent a certified letter
notifying him that he was in violation of Items 3, 8, and 10 of the
special use permit. In his appearance before the City Council on January
16, 1991, Mr. Krueger attempted to explain why he could not pay off his
City Council meeting of April ?, 1990
'age i
contract for deed until 1.992, preventing him from obtaining a building
permit. After a review of his contract for deed, the City Attorney did
not see any impediment to obtaining a building permit for a home on the 40
acres in question. The City Council. asked Mr. Krueger if he had denied
Mr. Huber access to his building, and Mr. Krueger said yes, noting that
Mr. Huber should have made an appointment to inspect the site. Mr.
Krueger also stated that he owns a manufacturing business in Becker,
Minnesota and that he uses his pole barn in Hugo to store merchandise from
his Becker business. Councilman McAllister later accompanied Mr. Krueger
to the site in question for an inspection but was unable to secure access
as Mr. Krueger stated he did not have the keys to the building. Mr.
Krueger has acknowledged that he is in violation of the three conditions
of the special use permit, and is requesting a two-year extension for the
construction of a principal residence on the site. The City Council
requested that Mr. Krueger appear before the Planning Commission and show
cause why his special use permit should not be revoked for failure to
comply with the conditions therein.
Mr. Stanford Krueger appeared before the Planning Commission at their
March 28, 1990 meeting to show cause why his SUP should not be revoked.
Mr. Bill Wunderlich, Wally Stolt man, and Jerome Jessen addressed the
Planning Commission and indicated they could see no objections to allowing
Mr. Krueger to operate his toy assembly and warehousing operation out of
the building in question. Mr. Stanford Krueger addressed the Commission
and read a letter from an individual verifying that said individual is
farming a portion of Mr. Krueger's property. Mr. Krueger then read a
second letter from an individual who indicated he was buying the crop from
Mr. Krueger's property.. Mr. Krueger then informed the Planning Commission
of his difficulties in getting the financing to construct a residence on
the property in question. P.C. Chairman Senk:ler inquired as to whether
Mr. Krueger was aware of the farm -foreclosure law and difficulties in
getting financing for more than 10 acres at the time this SUP was
originally brought to the Planning Commission back in July, 1987. Mr.
Krueger responded in the affirmative. Mr. Senkler then inquired as to
whether or not Mr. Krueger had denied access to the building for
inspection by the City staff, and if he was still using the building in
question as a warehousing facility for his farm toys. Mr. Krueger
responded in the affirmative to both questions. Commissioner Barnes then
inquired as to whether Mr. Krueger was manufacturing the farm toys out of
the portion of the building that the City was denied access to. Mr.
Krueger stated that he wouldn't exactly call it manufacturing, but
light -assembly work. Commissioner Chuck: Henry stated that philosophically
he does not approve of enthusiatic entrepreneur's locating their
businesses wherever they choose to do so in the City of Hugo.
Commissioner Oswald stated that he felt the City should ultimately be
looking for compliance with the SUP as opposed to forcing Mr. Krueger to
remove the building from the property. Mr. Krueger Mated that because of
the cost of moving his business from its previous location to the property
in question, he would probably be forced to sell his land if the City does
not allow him to continue operating his business and warehousing out of
this facility. Mr. Krueger admitted that he probably should have
contacted City Hall and got the specifics on the City's zoning
requirements before buying the land as
City Council meeting of April 2, 1990
Page 8
opposed to takinq the advice of surrounding neighbors. He also indicated
that he could probably find a way to pay off his contract for deed and
obtain clear title to the property, but it might be difficult and somewhat
costly. After a lengthy discussion by the Planning Commission, and on a 4
to 1 vote, the Commission recommended revocation of SUP #1987 -27 -SUP
approved 8/3/87. The following findings were discussed by the Planning
Commission:
1. Mr. Krueger acknowledged that he was familiar with the Farm
Foreclosure Act, and that he would have difficulties in securing
financing to construct a home on the site when he originally appeared
before the Planning Commission in April, 1987, and agreed to construct
the house within one year of permit issuance.
2. Mr. Krueger has failed to secure a building permit and begin
construction of a house as required by the initial and amended SUP.
Mr.k::rueger. acknowledged that he denied access to the City staff for
an inspection regarding compliance with the SUP as was required in the
permit.
4. Mr. Krueger acF::now1edged that he is using the building in question to
run his business involving light -assembly work, and warehousing for
farm toys in violation of the SUP.
S. Mr. Krueger stated that if he cannot continue operation of his
business out of the structure in question, he would probably have to
sell the land and go elsewhere.
6. Mr. Krueger stated he does not want'.to build a house on the site until
he gets clear title to the land.
Mr. Jerry Carroll, attorney for Mr. Krueger, addressed the Council in an
attempt to explain to them the difficulty Mr. Krueger has experienced in
trying to obtain clear title to his property. Mr. Carroll also stated
that Mr. Krueger could not afford to blacktop the 66' easement to his
property if he were to subdivide his property. Councilmen McAllister,
Jesinsk.i, and Olson felt that the City has been more than cooperative in
this matter, and felt that Mr. Krueger did not tell the truth in his
attempts to obtain permits from the City.
McAllister made motion that Mr. Krueger be not.ifed in writing that his
Special Use Permit is revoked. The City Council agrees with the findinqs
of the Planning Commission and zoning administrator, and Mr. Krueger is
ordered to cause removal of his building from his property if the building
is not in full compliance with the City's zoning regulations by August 31,
1990.
McAllister withdrew his motion.
Olson made motion, McAllister seconded, that the City Council agrees with
the findings of the Planning Commission and that the Special Use Permit
held by Mr. Krueger be revoked.
Motion and second withdrawn.
Father than have his Special Use Permit revoked and buildi.nq removed, Mr.
Krueger, through his attorney, agreed to submit a written agreement with
the City to bring this matter into compliance with the SUP and City
ordinances as follows:
City Council meeting of April 2, 1990
Page 9
1.. Mr', k::rueger agrees to discontinue the use of the existinq bUildinq for -
warehousing, light assembly work:, and bring it into compliance with
all zoninq and Special Use Permit requirements by July 1, 1990.
�. Mr. Krueger agrees to allow inspection of his property/building by
City staff to insure compliance with the terms of his Special Use
Permit.
3. Mr. Krueger agrees to post a financial deposit, in the amount of
$5,000 to insure compliance with the terms of his Special Use Permit
and agreement.
4. Mr, Krueger agrees to take out a building permit for a principal
residence by 12/1/90.
S. Mr. Krueger agrees to obtain fee tile to his property by 1/2/91, and
his residence is to be substantially under construction within six
months of building permit issuance.
6. No commercial or industrial use of this property shall be permitted
unless siad property is rezoned to accommodate the use proposed.
Mr. Carroll and City Attorney, Charles Johnson, will work out the language
of the agreement.
McAllister made motion, Vail seconded, that this matter be tabled for
consideration at the City Council meeting of 4/16/90.
All aye. Motion Carried.
PLANNING COMMISSION REPORT ( COMP PLAN MAP)
The City Council received a recommendation from the Planning Commission
for revisions to the City's Comp Plan Map. This matter will be discussed
at the Council meetinq of 4/16/90.
MISCELLANEOUS
Councilman Deane '•Jail inquired about a cost estimate to have the City's
ballfields rearranged. City Administrator Huber- stated that the matter
could be reviewed now for possible funding in 19?0. Estimated cost is
WHITE DEAR ROD AND GUN CLUB
At 9:02 PM, the City Council went into e,,ecutive session to discuss
pending litigation with the WBR,•GC. Mayor Atk::inson and Councilmen
McAllister, Jesinslci, Olson, and Vail were present as well as Attorney
Charles Johnson, City Administrator Ken Huber, and City ClerF:: Mary Ann
Creager. City Attorney Johnson reviewed the status of this case with the
Council.
At 9:2.0 PM, the executive session adjourned and the regular meeting was
called back to order at which time the following motion was made:
McAllister made motion, Jesinsk:i seconded, to adopt RESOLUTION 199(:)-10,
RESOLUTION AUTHORIZING APPRAISALS AND NEGOTIATIONS TO PURCHASE PROPERTY
FOR PUBLIC PURPOSES.
City Council meeting of April 2, 1990
Page 1(_f
VOTING AYE: McAllister, Jesinski, Olson, Vail, Atkinson
VOTING NAY: NONE
Motion Carried.
Olson made motion, JesinsF::i seconded, to adjourn at 9:25 PM.
All aye. Motion Carried.
Mary Anis Creager, City Clerk:
City Of Hugo �/