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HomeMy WebLinkAbout1986.06.02 CC Minutes63 MINUTES OF THE PROCEEDINGS OF THE HUGO CITY COUNCIL June 2, 1986 The regular meeting was called to order by Mayor McAllister at 7:07 PM. PRESENT: Peltier, Potts, Schwab, McAllister ABSENT: Hauer 3.0 APPROVAL OF MINUTES MOTION: Peltier made motion, Potts seconded, to approve the minutes of May 19, 1986, after the following corrections have been made: Page 57 (5.2)- Dedication of a 27'utility and roadway easement...... Page 58 (5.3) - It was the consensus of the Council that the City...... Page 61 (9.1) - Potts had left the meeting and did not vote on the Mining permits for Richard Schuh. All aye. Motion Carried. 4.0 APPROVAL OF CLAIMS MOTION: Potts made motion, Peltier seconded, to approve the General Claims for June 2,1986, as submitted. All aye. Motion Carried. MOTION: Peltier made motion, Schwab seconded, to approve the Utility Claim for June 2, 1986 as submitted. All aye. Motion Carried. 5.0 PETITIONS, REQUESTS, COMMUNICATIONS & LICENSES 5.1 Hugo Lions Club - Gambling License MOTION: Potts made motion, Schwab seconded, to approve the forwarding of a letter waiving the 30 day notice requirement to the Minnesota Gambling Board. All aye. Motion Carried. 5.2 Karla Hancock - Special Use Permit Allan and Karla Hancock, purchasers of 30 acres at Hilo and 125th Street, would like to construct a 30 x 60 wooden barn and a 40 x 63 pole building, to be used for their personal use. The total accessory storage would be 4320 sq. ft. The Planning Commission recommended approval with conditions. MOTION: Potts made motion, Peltier seconded, to approve the Special Use Permit for Allan and Karla Hancock for the construction of a 30 x 60 wooden barn and a 40 x 63 pole building, subject to the following conditions: 1. No more then 10 horses be allowed regardless of zoning district. 2. No further subdivision of land shall take place as long as the Special Use Permit is in effect. All aye. Motion Carried. 64 June 2, 1986 5.3 Randy Engholm Mr. Engholm, 6042 165th Street, was present to discuss complaints he has with the Brandt junkyard (formerly Noack's). He submitted a letter stating his concerns which is in the Brandt file. Mr. Engholm iterated the items in the letter, and was informed that their annual renewal of the Auto Dismantling License was on the agenda for the next Planning Commission meeting. Enghold and Daryl Mikesell are to be informed of the PC meeting date. 5.4 Marvin Bontrager - Rezoning Mr. Bontrager was not present to discuss this matter. However, James Ward, a person for whom Bontrager had constructed a house, was present to discuss a drainage problem he was having at his residence on 174th Street. Mr. Bontrager installed his driveway without a culvert as required by the permit issued by the Building Inspector. Mr. Bontrager is to be notified that there will be final action taken on his application for rezoning at the Council meeting of June 16th, and the Council would like to discuss Ward's driveway at the same time. 5.5 James Weber - Rezoning and Subdivision James and Diane Weber, 16140 Harrow Avenue, would like to rezone approximately 16 acres from AG to RR2, creating two parcels of land (6A and 10A). Because a full Council was not present, and a 4/5's vote is required to rezone property, Mr. Weber requested his application be tabl(3iuntil the next meeting. MOTION: McAllister made motion, Peltier seconded, to table the rezoning appli- cation of James and Diane Weber until June 16, 1986. All aye. Motion Carried. 5.6 Gerald Clemas - Special Use Permit Mr. Clemas, owner of property at 15657 Forest Blvd., (Mid -American Metal Craft) is proposing the use of the property for light mechanical and body work on vehicles. The property is zoned Industrial. MOTION: Schwab made motion, Peltier seconded, to approve the Special Use Permit for Gerald Clemas, 15657 Forest Boulevard, to allow E & J Auto to per- form light mechanical and body work, and wholesale car sales. Approval subject to the following conditions: 1. No more than eight (8) vehicles be stored in fenced area. 2. No signs indicating retail sales or "for sale" signs be allowed. 3. Special Use Permit is subject to annual review. It was understood that the "fencing" as mentioned in Condition 1 is to be a screening fence. All aye. Motion Carried. 5.7 William Rust - Special Use Permit Mr. Rust, owner of property at 12280 Goodview Avenue, would like to use a portion of his property for a commercial nursery. The Planning Commission held a public hearing and recommended approval subject to certain conditions. ra Ar t.►r q June 2, 1986 William Rust - Cont. MO'T'ION: Peltier made motion, Schwab seconded, to approve the Special Use Permit for William Rust to operate a comercial nursery on his property at 12280 Goodview, subject to the following conditions: 1. Hours of operation will be from 7:00 AM until 7:00 PM - Monday through Saturday. 2. Screening to be planted for the neighbors to the south. 3. Delivery of rock should be only after a freeze in late Fall. 4. No vehicles larger than a bobcat to be used in conjunction with nursery business. 5. Only six (6) employees be allowed on the premises. 6. Special Use Permit should be reviewed on an annual basis. VOTING FOR: Peltier, Schwab, McAllister VOTING AGAINST: Potts Motion Carried. Kurt Nygren - Special Use Permit Mr. Nygren is applying for two (2) permits to play the zap game on the property of Martin Wegleitner, 6063 145th Street, and Chris Molitor, 7040 132nd Street, to use their land for the purpose of operating a recreational activity - zap game. The Planning Commission held a public hearing and recommended denial of the applications. Mr. Nygren demonstrated to the people present what a zap game gun would sound like at the time of discharge with very little noise being emitted. Tony Caron, another owner of Zap Games, Inc., stated that they have been operating on the two properties for over a year, with no record of any complaints. Both pieces of property have more than adequate land for off-street parking. MOTION: Schwab made motion, Peltier seconded, to approve the Special Use Permit for Martin Wegleitner to goerate a "zap game" on his property subject to the following conditions: 1. All participants will be required to wear eye and ear propection. 2. The number of participants on any field at any given time to be limited to 30. 3. No alcoholic beverages or drugs, and anyone intoxicated will not be allowed to participate. 4. Off-street parking shall be provided for all participants. 5. Satellite or equal type of facilities to be provided. 6. Liability insurance, in the amount of $300,000.00, shall be kept in force at all times games are operating. 7. No one under 18 years of age will be allowed to participate. 8. No trespassing signs shall be installed on the perimeters of the playing areas, and operators shall instruct participants to confine their games to the approved areas. Failing to do this, the City reserves the right to require fencing at some future date if damage to surrounding property becomes a problem. 9. No game shall be allowed when the temperature is 400 or lower. 10. Applicants shall draft a hold -harmless agreement, in favor of the City of Hugo, to indemnify and protect the City against lawsuit arising out of these activities. 11. The Special Use Permit shall be void if the majority of the City Council deems that it is inconsistent with development of surrounding area. The owner and applicant waives all rights to litigation should the Council vote to terminate the Special Use Permit. ) continued) June 2, 1986 6! Kurt Nygren - Special Use Permit (cont.) 12. This permit is subject to annual review subject to the discretion of the City Council. VOTING FOR: Peltier, Schwab, McAllister VOTING AGAINST: Potts Motion Carried. MO'T'ION: Peltier made motion, Schwab seconded, to approve the Special Use Permit for Chris Molitor to operate a "zap game" on his property subjec to the same 12 conditions as listed in the SUP for Martin Wegleitner. VOTING FOR: Peltier, Schwab, McAllister VO'T'ING AGAINST: Potts Motion Carried. 5.9 Richard Schuh - Mining Permit (Hansen and Goiffon) Mr. Schuh is applying to operate in the Elmer Hansen and Andrew Goiffon pits for, the 1986/87 permit year. Councilman Schwab, speaking on behalf of his neighbors, expressed concern with noise from the hotmix operation. Sandy Malawski, 8351 140th Street, asked that maybe the City should look at some from of screening for noise and possibly curtailing the pits hours of operation. Sonja Irl.beck, 8400 140th Street, inquired about the PCA permit, and Mr. Schuh stated that each hot mix plant needs a permit before they can do any State work. Larry Hanson, 14355 Irish Avenue, wan concerned with what haul roads would be used, because of problems with dust control in the past. It was agreed that any southbound traffic would go through the Hansen pit, thereby eliminating travel on the gravel road. For the record, Mr. Larry Hanson stated that he was opposed to any permanent hot mix plant being established in the area. Herb Forthuber, Hyde Avenue, requested that users of the pit adhere to their designated hours of operation. MO'T'ION: Peltier made motion, Potts seconded, to approve the Mining Permit for Richard Schuh to operate from Elmer Hansen and Andrew Goiffon pits subject to the following conditions: SEE MINING PERMIT ON FILE WITH ALL CONDITIONS LISTED: 1986 -33 -MP All aye. Motion Carried. VARIANCE APPLICATION Anderson Brothers Construction has requested to use the Schuh pit during the early morning hours for 16 working days. The Planning Commission reviewed the request and recommended approval with certain conditions. MOTION: McAllister made motion, Potts seconded, to approve the variance request to the Richard Schuh Mining Permit to allow the extended hours from 7:00 PM to 7:00 AM for the first 10 days and the balance of approximately 6 days to operate from 5:00 AM to 9:00 PM, Monday through Saturday. Anderson Brothers Construction shall notify the city of the starting date. The Mayor shall be have the authority to extend the time period if they need to finish the project. Anderson Brothers Construction shall submit a letter to the City Council stating that they will patch Irish Avenue when finished, and apply bituminous surface, 2" after compaction, to Hyde Avenue after com- pletion of the project. 68 June 2, 1986 MOTION: McAllister made motion, Potts seconded, to amend the previous motion to allow for oil tankers to haul into the pit area during the day. AMENDMENT: All aye. Motion Carried. MAIN MOTION: All aye. Motion Carried. MOTION: McAllister made motion, Potts seconded, that this permit is effective June 2, 1986, and shall expire June 30, 1987. All aye. Motion Carried. 6.0 REPORTS OF OFFICERS 6.1 Ordinance Committee - No discussion 6.2 Planning Commission - Further discussion on subdivision. 6.3 Building Inspector Crever inquired as to whether LaMetti & Sons needed to apply for permits for the temporary buildings now on their property. Within the next two years, the plans are to have them removed and construct a new office building. Mayor McAllister will review the file, and make a decision at the additional regular Council meeting of June 12, 1986. 6.4 Fire Chief - No discussion. 6.5 Clerk The city received a letter from Tom Meneeley, WLKX, requesting his name be added to the people receiving Council agendas. MOTION: McAllister made motion, Potts seconded, to approve Meneeley's request. All aye. Motion Carried. 7.0 ORDINANCES AND RESOLUTIONS MOTION: McAllister made motion, Schwab seconded, to adopt ORDINANCE 1986-231, AN ORDINANCE AMENDING CHAPTER 290 OF THE HUGO CITY CODE ENTITLED "SUBDIVI- SION" BY AMENDING THE PARKLAND DEDICATION FEE FOR DIVISION OF PROPERTY. All aye. Motion Carried. MOTION: McAllister made motion, Potts seconded, to adopt RESOLUTION 1986-6, A RESOLUTION AMENDING RESOLUTION 1986-5. All aye. Motion Carried. 8.0 UNFINISHED BUSINESS MOTION: McAllister made motion, Peltier seconded, to extend LuAnn Prachar's resignation to July 31,1986. All aye. Motion Carried. June 2, 1986 8.1 Search Committee - Recommendation for "New Position" were present Chairman Art Potts and members LuAnn Prachar and Ken Lorch/to discuss their recommenda- tion for establishment/need for the creation of a "new position". Their was a lengthy discussion regarding their findings, and what steps should now be taken. The majority of the committee recommended the city investigate the area of using a college student or intern at this time rather than hiring a full-time administrator. MOTION: Peltier made motion, Schwab seconded, to extend the meeting passed 11:00 PM. All aye. Motion Carried. MOTION: McAllister made motion, Peltier seconded, to form a new committee consisting of Charles Schwab, Arthur Potts, LuAnn Prachar, Ken Lorch and Mary Ann Creager (ex -officio, non-voting member), to proceed to Mankato and the University of Minnesota to meet with the appropriate staff to arrange for interview of potential students and/or interns, and invite several to a City Council meeting. The committee should seek individuals meeting qualifications in position description who might reasonably be expected to fill that position if the CityCouncil decides in November, 1986, to hire him/her. Salary for the student and/or intern will be negotiable with the City Council. The committee expenses shall be paid for by the City, including use of the city vehicle and stay overnight, if necessary. All aye. Motion Carried. 9.0 NEW BUSINESS M TION: Potts made motion, Peltier seconded, to approve Job Order 48095 for North- western Bell. All aye. Motion Carried. MOTION: Peltier made motion, Schwab seconded, to adjourn at 12:15 AM. All aye. Motion Carried. Mary Creager, City Cler City Hugo