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HomeMy WebLinkAbout1986.09.15 CC Minutes/Os - MINUTES OF THE PROCEEDINGS OF THE HUGO CITY COUNCIL September 15, 1986 The public hearing was called to order at 6:00 PM. PRESENT: Hauer, Peltier, Potts, Schwab, McAllister Charles Johnson, City Attorney Howard Kuusisto, City Engineer This public hearing is a continuance of the public hearing to consider adoption of the Shoreland Management as mandated by State law. There was no one present making comment at this public hearing. The public hearing was closed at 6:05 PM. This ordinance will be considered later in this meeting under 6.0 ORDINANCES AND RESOLUTIONS. The regular meeting of the City Council was called to order at 7:00 PM. PRESENT: Same as above 3.0 APPROVAL OF MINUTES MOTION: Peltier made motion, Schwab seconded, to approve the minutes of September 2, 1986 as submitted. All aye. Motion Carried. 4.0 APPROVAL OF CLAIMS MOTION: Schwab made motion, Peltier seconded, to approve the General Claims for September 15, 1986 as submitted. All aye. Motion Carried. MOTION: Peltier made motion, Potts seconded, to approve the Utility Claims for September_ 15, 1986 as submitted. All aye. Motion Carried. 5.0 PETITIONS, REQUESTS, COMMUNICATIONS & LICENSES 5.1 Jerry Sullivan - Disc on Subdivision Because of time limitations, the City Council has requested the Planning Commission hold a public hearing to consider the application of Myrtle Gessner/Jerry Sullivan for subdivision. MOTION: McAllister made motion, Peltier seconded, that the public hearing to consi- der the application of Myrtle Gessner/Jerry Sullivan fosoufdivision be held by the Planning Commission on October 1, 1986 at 7:00 PM, and any other appropriate Planning Commission business. All aye. Motion Carried. /06 September 15, 1986 5.2 Bill Wunderlich - Subdivision Richard Hiniker, representing Bill Wunderlich, discussed the revised survey and what ultimately needs to be finalized. The main reason for the subdivision is the sale of "Parcel C". McAllister inquired as to the status of the SUP for North Oaks Kennel, and Hininiker stated that the kennel is located on a separate parcel of land. It was the consensus of the Council that property, which would be the exception, be consolidated with the small portion of land that would be landlocked as a result of the subdivision. Mr. Hiniker agreed with that request as well as dedication of a 66' easement along the entire southern boudary of the property. N MOTION: Hauer made motion, Potts seconded, to approve the Minor Subdivision for William Wunderlich to create 3 parcels as shown on sketch plan with all corrections to be made on final certificate of survey. The approval is subject to the following conditions: 1. Dedication of a 33' easement along the south side of Parcel A for access to Parcel "C". 2. The approximately 51-2 acre parcel, or the northernmost portion of Parcel "B" be consolidated with the existing parcel exception. 3. Payment of $300.00 parkland dedication. Let the record show Richard Hiniker has initialed the reconunended changes to be incorporated in the final certificate of survey. Hauer and Potts withdrew their motion. MOTION: Hauer made motion, Potts seconded, to approve the Minor Subdivision for William Wunderlich subject to the submitted preliminary sketch plan of 9/15/86, initialed by Richard Hiniker, and $300.00 parkland dedication. All aye. Motion Carried. 5.4 Khue Vang - Request for Mobile Home Permit Mr. Vank, who resides at 9686 152nd Street North, would like to have a mobile home placed on his property for his mother to reside in. She does not speak English, and she lives in St. Paul, while her family lives here in Hugo. The City does have a provision for temporary mobile home permit for hardship cases. MOTION: McAllister made motion, Peltier seconded, to hold a public hearing on October 6, 1986, at 7:30 PM, to consider Mr. Vang's request to place a mobile home on his property to serve as residence for his mother. All aye. Motion Carried. 5.5 Thomas Schutta - Site Plan Approval Mr. Schutta, owner of 20 acres on Keller Avenue, is proposing the construction of two accessory buildings in conjunction with the building of his residence. One building, 38 x 50, would be used for storage and a garage, and the other, 60 x 154, would be used for his horses (10) and an indoor riding arena. Mr. Schutta stated that he does not plan on boarding horses on his property, only his own. Mayor McAllister informed Mr. Schutta that he could be called in at a later date should the number of horses on property become a problem at a later date. MOTION: Schwab made motion, Peltier seconded, to approve the Site Plan for Thomas Schutta for construction of two accessory buildings according to the site plan submitted dated 9/10/86. All aye. Motion Carried. September 15, 1986 5.6 Henry Schnider - Variance /Dl Mr. Schnider, 14897 Foxhill Avenue North, is obtaining an "after -the -fact" variance for the construction of a porch 17 feet from the property line rather than the re- quired 30'. MO`T'ION: Hauer made motion, Peltier seconded, to approve the "after -the -fact" variance for Henry Schnider, subject to payment of double the normal Building Permit fee. All aye. Motion Carried. 5.7 Richard Klenck - Special use Permit Mr. Klenck, owner of property located on Elmcrest Avenue, is proposing the filling of a portion of the parcel to be used for driveway purposes. The property, in its entirety, lies within the flood zone. Mr.Klenck has already obtained a permit from the RCWD. MOTION: McAllister made motion, Peltier seconded, to approve the Special Use Permit for Richard Klenck, to fill a parcel of property (93030-2470) lying in Zone A of the floodzone, for driveway purposes. Approval is subject to the following: 1. Soil erosion control structure be installed. 2. A hold -harmless agreement, in favor fo the City, be signed and recorded. 3. Shoulders be seeded to control erosion. 4. No bales will be placed any closer than 10' from the property line. 5. No fill shall be placed between the bales and the west property line. All aye. Motion Carried. 5.8 Nick Miller - Special Use Permit Mr. Miller is proposing the filling of Lot 1, Block 1, Oakshore Park so the lot can be used for construction of a residence. Mr. Miller stated that RCWD has given approval of the project at their meeting but the City has not as yet received any paperwork. The City Engineer has reviewed the project, and made his recommendations in a letter dated 9/5/86. MOTION: Hauer made motion, Peltier seconded, to approve the SUP for Nicholas Miller to fill Lot 1, Block 1, Oakshore Park, subject to the following: 1. The City of Hugo shall retain two (2) easements consisting of 10 feet widths on both the north and south boundaries of the property ex- tending from Ethan Avenue to the lake. Fill material shall not be placed to obstruct either easement. 2. Fill for the drainfield shall be of select material that meets the approval of the City Engineer. Such fill should be left in place for approximately one year before installing the drainfield unless an alternate method of stabilizing the soil meets the approval of the City Engineer. 3. Foundations for the building should be on undisturbed soil or other- wise meet the approval of the Building Inspector, as per the City Engineer's letter of 9/5/86 on record in File No. 1986 -50 -SUP. 4. Erosion control, in the form of silt fencing or hay bales, shall be used until sod is established. 108 September 15, 1986 Nick Miller - SUP 5. Driveway culvert shall be no less than 15" in diameter. 6. Any other items required from any other agency, such as the RCWD or the DNR, shall be adhered to, including no fill past 913 foot high water mark as directed by the RCWD. 7. The permit holders, assignees, transferrees, or heirs shall forever agree to hold the City of Hugo harmless from any action or liability or dispute resulting from the building or any residence or disposal system on the described piece of property. All aye. Motion Carried. 6.0 ORDINANCES AND RESOLUTIONS MOTION: McAllister made motion, Hauer seconded, to adopt RESOLUTION 1986-15, A RESOLUTION INCREASING THE FEE FOR SPECIAL USE PERMITS FROM $45.00 TO $55.00. All aye. Motion Carried. MOTION: Peltier made motion, McAllister seconded, to adopt RESOLUTION -16, A RESOLUTION REQUESTING THE MINNESOTA DEPARTMENT OF TRANSPORTATION CAUSE SPEED ZONE STUDY ON FALCON AVENUE WITH THE CITY OF HUGO. All aye. Motion Carried. MOTION: Peltier made motion, SChwab seconded, to adopt ORDINANCE 1986-237, AN ORDINANCE AMENDING CHAPTER 320 OF THE HUGO CITY CODE ENTITLED "ZONING" BY ADDRESSING MANAGEMENT OF SHORELAND AREAS IN THE CITY OF HUGO. All aye. Motion Carried. MO'T'ION: McAllister made motion, Hauer seconded, to publish a summary of ORDI- NANCE 1986-237. McAllister withdrew his motion. 8.0 NEW BUSINESS MOTION: McAllister made motion, Hauer seconded, to schedule an additional regular City Council meeting for October 6, 1986, starting at 9:00 AM, for the purpose of considering the adoption of the 1987 budget, inter- view 3 finalists for City Administrator, and any other appropriate city business. X11 aye. Motion Carried. The City received a letter from Executone Systems of St. Paul to bury cable and across 152nd Street/was reviewed by the City Engineer and Council. MOTION: Potts made motion, Peltier seconded, to approve the request of Executone to install cable, not less than 30" deep, under 152nd Street. Executone shall dig up, at their expense, should the cable prove to be a problem at a later date. The cable shall be installed in rigid steel conduit, size to be determined by Executone. All aye. Motion Carried. September 15, 1986 /09 Mayor McAllister stated that the Clerk's office is in need of another file cabinet to be used for storage of tapes. There was a discussion as to how the tapes should be retained by the City, and it was finally determined six (6) years, because that would be the Statute of Limitations. MOTION: McAllister made motion, Potts seconded, that the City Attorney be directed to draft an amendment to Chapter 20 of the Hugo City Code requiring tape recordings of all Planning Commission and City Council meetings. The City Clerk shall retain all tapes for a period of six (6) years at which time the City Clerk shall submit a list of records to be destroyed to the City Council prior to any destruction. All aye. Motion Carried. MOTION: McAllister made motion, Peltier seconded, that the City Engineer be directed to notify NSP to disconnect the power from the flowmeter at the trailer park if he feels the City no longer needs it. All aye. Motion Carried. MOTION: Peltier made motion, Hauer seconded, authorizing the Fire Chief to advertise for sale, the "old" grassfire rig, for no less than $3500.00. All aye. Motion Carried. 9.0 ATTORNEY AND ENGINEER Mr. Johnson submitted his monthly report. There was further discussion about publication requirements for the Shoreland Ordinance as previously adopted. A 4/5's vote is required for publication of only a summary, after the Council has reviewed the draft. MO`T'ION: McAllister made motion, Peltier seconded, that the matter of the vote on publication of the Shoreland ordinance be tabled, and the City Clerk work with the City Attorney to come up with an acceptable ordinance for publi- cation. VOTING FOR: Peltier, Potts, Schwab, McAllister VO'T'ING AGAINST: Hauer The Council discussed the Palme/Hugo Developemnt Agreement as it pertains to the bond requirement of $50,000.00. Mr. Palme has experienced difficulty obtaining the bond, and has attempted to satisfy the requirement in an alternate fashion. MOTION: Hauer made motion, Peltier seconded, to authorize the Mayor to accept an alternate bond or letter of credit for Item 3 in the Deverlopment Agreement between Arnold Palme and the City Hugo. and subject to legal approval. All aye. Motion Carried. 10.0 CLERK The City received a letter from Mrs. Kelley regarding damage to her vehicle's tire as the result of hitting a hole on Ethan Avenue. / U September 15, 1986 MOTION: Schwab made motion, Hauer seconded, that the City Clerk be directed to send a letter to Mrs. Kelley stating our regrets and that the City of Hugo is not responsible for her tire repairs. All aye. Motion CArried. Thomas Frampton's SUP is up for annual review in October. The Clerk was directed to send him a letter stating that the Council feels his operation i in conformance with codes at this time. George Atkinson, Planning Commission chairman, requested their secretary mail copies of all PC and CC minutes when the agendas are mailed rather than receiving them the night of their meetings. The Council concurred with his request. MOTION: Peltier made motion, Potts seconded, to adjourn at 10:12 PM. All aye. Motion Carried. Mary ' Creager, City Cl City Hugo