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HomeMy WebLinkAbout1986.03.17 CC MinutesMINUTES OF THE PROCEEDINGS OF THE HUGO CITY COUNCIL March 17, 1986 The additional regular meeting of the Hugo City Council was called to order at 6:11 PM. PRESENT: Hauer, Peltier, Potts, Schwab, McAllister This additional regular meeting was called in order to discuss the 1985 city audit with Ken Malloy, representative from Pannell, Kerr, Forster. After discussion of the audit, Mr. Malloy discussed the city's need to "improve" the procedures used in budgeting revenues and expenditures. Mayor McAllister requested a member of the audit firm be present in August at the next budget time. Mayor McAllister read the letter of resignation as submitted by LuAnn Prachar, Finance Director. She will be resigning effective June 30, 1986, and will be available on a consulting basis until September, 1986. It was the consensus of the City Council that a training program be initiated so the City Clerk will eventually assume control of the city books. MOTION: Peltier made motion, Schwab seconded, to adjourn at 6:55 PM. All aye. Motion Carried. Mary Ar4creager, City Cler City Hugo The regular Council meeting was called to order at 7:04 PM. PRESENT: Hauer, Peltier, Potts, Schwab, McAllister City Attorney, Charles Johnson 3.0 APPROVAL OF MINUTES MOTION: Peltier made motion, Hauer seconded, to approve the minutes of March 3, 1986, as submitted. All aye. Motion Carried. 4.0 APPROVAL OF CLAIMS MOTION: Peltier made motion, Schwab seconded, to approve the General Claims for March 17, 1986, with the following addition: Target - $23.97. All aye. Motion Carried. MOTION: Schwab made motion, Peltier seconded, to approve the Utility Claims for March 17, 1986 as submitted. All aye. Motion Carried. 5.0 PETITIONS, REQUESTS_, COMMUNICATIONS & LICENSES 5.1 Hugo Fire Department Cheryl Istvanovich submitted the name of Fred J. Burg, Jr., for approval for his membership on the Hugo FD. It is the recommendation of the department's interviewing board to accept his application. 30 March 17, 1986 FIRE DEPT. - cont. MOTION: Schwab made motion, Peltier seconded, to approve the appointment of Fred J. Burg, Jr., on the Hugo Fire Department. All aye. Motion Carried. The Council further discussed the Cadet program and the by-laws as submitted. Mayor McAllister suggested the following additions be made: E. Each cadet will obey any request of any city official. F. Each cadet will obey any instructions from a police officer. G. Each cadet will only be present in government building when an adult member of the Hugo FD is_ present. McAllister requested attorney Johnson draft a hold -harmless agreement to be signed along with the application for membership. This matter will be discussed at a special meeting to be scheduled. MOTION: McAllister made motion, Peltier seconded, to schedule a special meeting of the Hugo City Council on April 2, 1986, at 7:45 PM, to consider the recommendation of the Planning Comnisison on the Granger's, Inc., sub- division, and any other appropriate city business. All aye. Motion Carried. 5.2 LaMetti & Sons - Food Shelf Program and Request for Variance John Hasselbeck, representing LaAletti & Sons, was present to discuss the proposed food shelf program. Rather than having the program for just one month, they are suggesting a year -around program to be located at City Hall. Minnesota Food Bank will make daily pickups if necessary. It was the consensus of the Council to allow the food shelter in Hugo, possibly at City Hall. VARIANCE LaMetti has made application for a variance to the Zoning Ordinance regarding the 400 sq ft allowed for watchman's quarters. The Planning Commission recommended denial of the application. Hasselbeck discussed the presented site plan and stated that they are requesting a variance for a two year period at which time they hope have constructed a new office building. At that time, all temporary buildings would be removed. Hasselbeck requested the variance because of the f inanc A hardship to hire a security firm rather than a live-in watchman. Some Council members felt that the thrust of the 400 sq ft requirement was to avoid a residence in the IND zone. MOTION: Potts made motion, Schwab seconded, to deny the variance request of LaMetti & Sons for watchman quarters to exceed the 400 sq ft requirement, specifically referencing 320-4, Subd L, #3, as well as the Planning Commission recommendation. VOTING FOR: Potts, Schwab, McAllister VOTING AGAINST: Hauer, Peltier Motion Carried. 31 March 17, 1986 Mr. Hasselbeck was informed that he had until May 31, 1986 to remove the trailer from the LaMetti property. Richard Granger - 2nd Amendment to Development Agreement Mr. Granger is requesting the Development Agreement for Lake Air Estates be amended for the 2nd time to allow for the construction of homes on his lots without prior payment of the assessments. Birchwood Builders' current Letter of Credit would be security in the event of any financial failure. MO`T'ION: Hauer made motion, Peltier seconded, to approve the 2nd amendment to the Development Agreement for Lake Air Estates (Birchwood Builders) subject to the amending of the current Letter of Credit. Amendment to be dated 3/17/86, and the Mayor is authorized to sign the amendment. All aye. Motion Carried. 5.4 David Schumann - Special Use Permit Mr. Schumann has made application to operate an auto dismantling yard at his resi- dence at 7630 137th Street. The Planning Commission held a public hearing and recommended denial of the application. The city received letters from property owners Margaret Waller and Howard Schletty indicating their support for Mr. Schumann. Councilman Schwab presented a synopsis of previous actions for the Schumann pro- perty. It was determined that a SUP was never finalized, and according to David Schumann's testimony, the business lapsed for an extensive period of time. There was also discussion that if the permit had been issued, that at this time, it no longer exists. Councilman Potts felt this type of use is incompatible with the existing residential use. Mr. Schumann stated that he was willing to cooperate to the fullest extend and comply with any conditions mandated in order to keep his livelihood. MOTION: Peltier made motion, Hauer seconded, to grant a Special Use Permit to David Schumann for an auto dismantling yard on his property with the following conditions: 1. All auto dismantling to be done inside building. 2. Number of cars to be parked shall be limited to 200. 3. Applicant to plant trees and shrubs around the area where cars are to be parked. Planting to be completed by June 1, 1986. 4. Applicant shall haul away any extra iron and debris by June 1, 1986. 5. No cars shall be parked any where accept on acrd where he has specified. 6. Applicant to post a letter of credit to assure trees and shrubs are planted. 7. Area to be inspected by September 1, 1986 to make sure trees and shrubs are planted and area cleaned up. MO'T'ION: Potts made motion, Peltier seconded, amending previous motion that if ori- ginal passes, applicant will obtain the necessary permits from RCWD. MOTION: Schwab made motion, Potts seconded, 2nd amendment that an additional con- dition be added for the installation of test wells on the property to monitor the quality of groundwater. Results of tests to be submitted to the city by January 1st of each year. VOTE ON 2ND AvENDMENT: FOR: Hauer, Potts, Schwab, McAllister AGAINST: Peltier Motion Carried. 32 March 19, 1986 VOTE ON 1ST AMENDMENT: FOR: Hauer, Peltier, Potts, Schwab, McAllister Motion Carried. ORIGINAL MOTION: FOR: Peltier AGAINST: Hauer, Potts, Schwab, McAllister Motion Failed. Mr. Schumann will have until the Fall of 1986 in which to clear his property from all junked cars and debris. 5.5 Disc on trailer/tractor parked at 6761 177th Street Mr. & Mrs. Anafarta were requested to appear at tonight's meeting to discuss parking of vehicles at their residence. They were unable to be at this meeting and will be requested to appear 4/7 at 7:45 PM. Lisa Sampson, 6560 177th Street, was present to discuss this matter, and stated that they own a tractor/trailer and park it at their residence at 6560 177th Street. She also mentioned the current lawsuite, and does n( -,t feel there are any ordinances prohibiting them. 5.6 Garry Boyer - Special Use Permit Mr. Boyer, owner of 1.7 acres at 9195 122nd Street, has applied for a SUP to construct a 24 x 50 building on his property to be used for the storage of cars. Boyer stated that the cars are licensed by LB Sales, Inc. The building would be attached to the existing garage (to the south), and would be constructed of like material as the house. Mr. Boyer amended the application to read interior storage only. Councilman Schwab stated he would like to see a more detailed site plan of what the new building would look like after construction. Councilman Potts questioned whether this use was allowed because of the commercial nature of the business. He also mentioned the fact that the lot was substantially substandard for the AG zone. MOTION: Potts made motion, Schwab seconded, to deny the request of Garry Boyer for construction of a 24 x 50 building on his property for the storage of cars because these cars to be stored are licensed in another com- pany's name. Therefore, said storage is not incidental to the principal use. VOTING FOR: Potts, Schwab, McAllister VOTING AGAINST: Hauer, Peltier Motion Carried. 5.7 Vern Peloquin - Subdivision Mr. Peloquin has made application to divide 5.8 acres of land for the sale to the Twin Pine Trailer Park. The Planning Commission recommended approval of the division with a full hardshell requirement. Mayor McAllister mentioned the park- land dedication requirement, and that if it is anticipated that the land will not be further subdivided, a hardshell would be required. Councilman Potts stated that he did not see the necessity for a hardshell. 33 March 17, 1986 Vern Peloquin - cont. MOTION: Potts made motion, Peltier seconded, to approve the simple Land Division for Vern Peloquin to divide 5.8 acres subject to the following: 1. Payment of $100.00 parkland dedication. 2. Proof of ownership. 3. Provide Certificate of Survey showing original lot lines and proposed lot lines. VOTING FOR: Hauer, Peltier, Potts VOTING AGAINST: Schwab, McAllister 5.8 Cal Garley -Subdivision Mr. Garley, representing landowner Howard Moe, discussed the proposed subdivision of 6.2 acres into 6 parcels. The Planning Connai.ssion has previously recommended approval of the submitted sketch plan. Mr. Garley inquired about the 4 -plea that is planned for one of the lots and was informed that that is an entirely different issue and would have to be addressed by a SUP. The Council did have further questions for Engineer Kuusisto but he was not available. Assuming approval of the sketch plan by the Council, Mr. Garley will need to go back to the Planning Conudssion for preliminary plan approval. Kuusisto's report did not address whether the lots were actually buildable, only the requested easement. MOTION: McAllister made motion, Peltier seconded, to approve the sketch plan for the division of 6.2 acres into 6 parcels. This approval does not include the request for a 4-plex - sketch plan only. This approval anticipates six building sites and that all building sitAs can meet setback requirements from the floodplain. This approval anticipates the developer will submit a full hardshell before final approval and meet all requirements of the City Engineer. All aye. Motion Carried. 5.9 Don Hamilton - Special Use Permit Messrs. Hamilton and Neil Peltier were present looking for some kind of assurances from the city that the lot located on the southeast corner of 141st Street and Highway 61 was indeed builhble. Mr. Peltier stated that, in his opinion, no more fill would be required on the lot to make it buildable, as 1,000-1,200 cubic yards of fill had been placed on the lot in 1976. McAllister stated that he would like to look at property again and have Engineer at the next meeting (4/7) for further discussion. Mr. Peltier gave the Council verbal approval to walk his property. 5.10 Jim Mostek/Castle Design - Amended SUP The applicants are requesting authorization to fill the areas between the building location and Sunset Lake. Engineer Kuusisto reviewed their request, and his recommendation is on file. MOTION: Schwab made motion, Hauer seconded, to approve the request of James Mostek to fill the ponding area between his residence (Lot 5, Block 1) and Sunset Lake. Approval conditioned on the following requirements being met: 34 March 17, 1986 James Mostek - cont. 1. All slopes created as the result of this filling will have slopes of 3:1 or flatter. 2. A 10' drainage easement be drafted, in favor of the City of Hugo, along the southeasterly property line of Lot 5, Block 1. 3. A hold -harmless clause be drawn, in favor of the City of Hugo, to protect the City of Hugo from claims arising from this filling. 4. Cash deposit or Letter of Credit, in the amount of $1,000.00, be submitted to the City of Hugo. This financial guarantee to remain current until sod or turf is established, and the threat of runoff and sedimentation is passed. 5. A Rice Creek Watershed permit will be required before final action is taken. All aye. Motion Carried. MOTION: Schwab made motion, Peltier seconded, to approve the request of Castle Design to fill the ponding area between Lot 6, Block 1 and Sunset Lake. Approval is conditioned on the following requirements being met: 1. All sbpes created as the result of this filling will have slopes of 3:1 or f latter . 2. A hold -harmless clause be drawn, in favor of the City of Hugo, to protect the City of Hugo from claims arising from this filling. 3. A cash deposit or Letter of Credit, in the amount of $1,000.00, be sub- mitted to the City of Hugo. This financial guarantee to remain current until sod or turf is established, and the threat of runoff and sedimentation is passed. 4. A Rice Creek Watershed permit will be required before final action is taken. All aye. Motion Carried. 6.0 ORDINANCES AND RESOLUTIONS - No discussion. 7.0 UNFINISHED BUSINESS 8.0 NEW BUSINESS 8.1 Glen Reimer - Retirement from Fire Department The record should be clear that Mr. Reimer is retiring from the department, and. not resigning as indicated on the agenda for this meeting. MO'T'ION: McAllister made motion, Potts seconded, that the City of Hugo send Mr. Glen Reimer a CERTIFICATE OF APPRECIATION for his years of service on Hugo Fire Department. All aye. Motion Carried. 9.0 ATTORNEY AND ENGINEER 9.1 Oneka Lake Attorney Johnson discussed what measures are being taken to resolve the matter of obtaining a drainage easement from property owner, Alex Zaluckyj. A draft license agreement has been forwarded to Zaluckyj's attorney for their review. Bruce Bernin resident of 6540 Greene Avenue questioned why condemnation proceedings have not taken place. Attorney Johnson explained that certain legal steps need to be taken 35 March 17, 1986 prior to condemnation. Mary Lysne, 15063 Greene Avenue, did not feel it was necessary to be "nice" to one individual at the risk of many others. Don Bernin, 6540 Greene, suggested that the city attorney should make a personal visit to Zaluckyj's attorney if he is unable to contact him on the phone. MOTION: Peltier made motion, Hauer seconded, that the Mayor and City Clerk be authorized to sign the License Agreement between the City of Hugo and Alex Zaluckyj, relative to the water problem at Oneka Lake. All aye. Motion Carried. Once all the legal documentation is in place, Mayor McAllister suggested Mr. Bernin organize benefitted property owners for financial assistance so that the project can go ahead. It was the general consensus of the Council that the majority of the project cost be borne by the benefitted property owners and not by the General Rind. MOTION: Peltier made motion, Schwab seconded, to extend the meeting passed 11:00 PM. All aye. Motion Carried. 10.0 CLERK The clerk informed the Council that plans to install a culvert under County Road 10 to drain water from Long Lake into Round Lake are going to start the end of this week. MISCELLANEOUS Mayor McAllister informed the Council that the present policy to allow CounciLTteuibers make the appropriate motions for their respective wards will no longer be in effect. The first member to raise his/her hand will be given priority. Mayor McAllister questioned the motives of Councilman Potts relative to action previously taken on the Vern Peloquin subdivision. Mayor McAllister stated "he considered (Mir. Potts) a belligering insult to the bench". MO'T'ION: Peltier made motion, Hauer seconded, to adjourn at 11:20 PM. All aye. Motion Carried. Mary Creager, Clerk Cit o Hugo