Loading...
HomeMy WebLinkAbout1985.09.03 CC Minutes79 MINUTES OF THE PROCEEDINGS OF THE HUGO CITY COUNCIL September 3, 1985 The regular meeting was called to order by Mayor McAllister at 7:04 PSS. 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 August 19, 1985, as submitted. All aye. Motion Carried. 4.0 APPROVAL OF CLAIMS MOTION: Peltier made motion, Schwab seconded, to approve the general claims for September 3, 1985, as submitted. All aye. Motion Carried. MOTION: Schwab made motion, Peltier seconded, to approve the Utility Claims for September 3, 1985, as submitted. All aye. Motion Carried. 5.0 PETITIONS, REQUESTS, COMMUNICATIONS & LICENSES FIRE DEPARTMENT It was the concensus of the Council that the Fire Chief obtain a pager from Capitol Electronics to ascertain quality and acceptablity for use. MOTION: Peltier made motion, Schwab seconded, authorizing the Fire Chief to purchase six electronic back-up alarms in the amount of $180.00. All aye. Motion Carried. 5.1 Bill Hutton - Forest Lake Youth Service Bureau Mr. Hutton, replacement for Tom Oswald, was present to solicit $2000.00 in support for the bureau's programs. Mayor McAllister informed him that a decision would be made at the budget meeting of September 25th, and he would be notified. 5.2 Julie Williams - White Bear Counseling_ M:. Williams, replacement for Ann Reis, was present to solicit $2600.00 in support for her programs. She will also be notified as to what decision is made at the budget meeting of September 25th. 5.3 Gil Regnier - Rezoning Mr. Regneir, owner of 15 acres in the AG district, would like to have it rezoned to RR2, and split the property into two 72 acre parcels. The lots would have a width of approximately 210' each. Attorney Johnson stated that a variance could be granted September 3, 1985 REGNIER - cont. provided the applicant can "show that by reason of the exceptional topography or other physical conditions the strict compliance to these regulations could cause an exceptional and undue hardship on the enjoyment of a substantial property right." (290-9. Subd. K(2). Mr. Regnier stated that this was indeed the situation as the property rises gradually to a high bluff that overlooks a valley of trees. When considering a request for rezoning, the city must consi- der land use and 300' road frontage is not required for rezoning. The 300' is a subdivision requirement with provision for a variance. It must be em- phasized that approval of a rezoning does not guarantee subdivision approval. MOTION: Hauer made motion, Peltier seconded, to adopt ORDINANCE 1985-223, AN ORDINANCE AMENDING CHAPTER 320 OF THE HUGO CITY CODE BY AMENDING THE ZONING DISTRICT CLASSIFICATION OF THE DESCRIBED REAL PROPERTY. VOTING FOR: Hauer, Peltier, Schwab, McAllister VOTING AGAINST: Potts Motion Carried. 5.6 Leroy Pooler - Site Plan Approval Mr. Pooler, 5433 145th Street, would like to building a 24 x 24 garage, his first accessory building. Site Plan Approval is required because the residence is located in the CB district. The proposed construction will be 4' from the sideyard property line. The affected property owner submitted a letter stating no objection to the setback of 41. MOTION: Hauer made motion, Peltier seconded, to approve the Site Plan for Leroy Pooler for the construction of a 24 x 24 garage, 4' from the side pro- perty line, with the CB district. All aye. Motion Carried. 5.7 John George - Site Plan Approval Mr. George, purchaser of property at 14139 Hyde Avenue, would like to construct a 30 x 50 pole building for his personal storage. The property is zoned RR2. MOTION: Schwab made motion, Peltier seconded, to approve the Site Plan for John George to construct a 30 x 50 pole building 10' closer to the road than the residence. All aye. Motion Carried. 5.8 Roxanne Dandl - Site Plan Approval Ms. Dandl, 7050 177th Street, has started the construction of a 30 x 36 pole barn without benefit of a building permit. Ms. Dandl stated that she did not think a permit was required because there were no footings. It was noted that con- struction without a permit could result in doubling of the permit or possible legal action with removal of the building. M September 3, 1985 Roxanne Dandl - cont. MOTION: Potts made motion, McAllister seconded, to approve the Site Plan for Roxanne Dandl for the construction of a 30 x 36 pole building. It was Councilman Schwab's opinion that Ms. Dandl should have inquired about a permit before starting of construction, and that ignorance of the regulations was no excuse. MOTION: Schwab made motion, Hauer seconded, to amend the previous motion to include stipulation that Ms. Dandl pay double the permit fee for starting construc- tion without a building permit. VOTING FOR AMENDMENT: Hauer, Schwab, McAllister VOTING AGAINST: Peltier, Potts Motion Carried ORIGINAL MOTION: All aye. Motion Carried. 5.5 Ray Anderson - Land Division Mr. Anderson is proposing the division of 10 acres from a 40 acre parcel. A title opinion and Certificate of Survey was submitted. MOTION: Potts made motion, Peltier seconded, to approve the Land Division for Raymond Anderson to divide 10 acres from 40 acres. Approval subject to payment of $100.00 for parkland dedication. All aye. Motion Carried. 5.4 Sean Hallett - Special Use Permit Mr. Hallett is proposing the filling of Lot 7, Block 1, Royalhaven Estates. At the last regular Council meeting (8/19/85), the building inspector noted that he had received a complaint from Mr. Gunn that Hallett was pumping the pond located onus property. An on-site inspection was made, and the complaint was determined to be unfounded. At this meeting Mr. Hallett submitted his final site and grade plan. Let the record show that Mr. Howard Kuusisto has yet to see this plan. MOTION: Potts made motion, Hauer seconded, to approve the Special Use Permit for Sean Hallett to fill Lot 7, Block 1, Royalhaven Estates, for the purpose of residential construction, and subject to the following conditions: 1. All conditions of this Special Use Permit are to be met by August 31, 1987. 2. No slopes on property will be greater than 3:1. 3. The deepest area to be filled on the property will be no more than 12' on final grade contour. All fill to meet city engineer require- ments, and, if necessary, the fill will be machine compacted. The city engineer's decision on compaction will be final. (continued) 82 September 3, 1985 4. Footings.will be on undisturbed earth. 5. Ponding area to the east will not be filled, and walkway currently in place will meet the requirements of the city engineer. 6. The on-site system will comply with all recommendations of the city engineer. 7. The developer will comply with all final grade requirements of the city engineer. 8. The developer will deposit cash or aiacceptable letter of credit in favor of the City of Hugo that will guarantee the requirements of the Special Use Permit will be met. The letter of credit will remain in effect for one year after final certification by the city engineer. Deposit to be in the amount of $5,000.00. 9. Rice Creek Watershed District permit will be obtained. 10. The developer will pay all engineering and legal fees associated with this Special Use Permit. All aye. Motion Carried. 6.0 REPORTS OF OFFICERS& COMMITTEES 6.1 Ordinance Committee - Mrs. Peltier stated that her committee will be finished with the subdivision ordinance after their next meeting. 6.2 Planning Commission - It was the concensus of the Council that the Planning Commission retain seven members. At present there are six. The clerk was in- structed to advertise for the additional member. MOTION: McAllister made motion, Schwab seconded, to schedule a special meeting of the City Council for September 16, 1985, at 6:00 PM, to meet with representatives of the Fire Department regarding the cadet program. All Aye. Motion Carried. 8.0 UNFINISHED BUSINESS MOTION: McAllister made motion, Schwab seconded, that the Mayor be authorized, along with the City Attorney, to hire co -counsel to defend the City of Hugo in the Potts vs. City of Hugo and counter claim. VOTING FOR: Hauer, Peltier, Schwab, McAllister ABSTAINED: Potts Motion Carried. Potts - Let the record show I have a feeling that it is unnecessary to hire outside legal counsel in this matter. 9.0 NEW BUSINESS 9.1 Letters re: Frampton and LaMotte The letter received stated there was an illegal body shop being operated on the William LaMotte property. Clerk was instructed to contact Mr. LaMotte to see if this person stills occupies his property. If so, the building inspector should make an on-site inspection. 9 September 3, 1985 Councilman Schwab should try and arrange an informal meeting of the Sunset Lake Home Owners Association and Thomas Frampton to discuss his nursery operation and its effect on Sunset Lake. 10.0 MISCELLANEOUS The city received a letter from Robert Powers attorney regarding access to his property from Everton Avenue. Mayor McAllister stated that a great deal of time has already been spent on this matter and any more time would be a redundancy of service. It was the concensus that a deposit should be made to cover any addi- tional costs ($200.00). MOTION: McAllister made motion, Peltier seconded, that the City Clerk be directed to inform the city engineer that he not provide free engineering services for walkins to his office. All aye. Motion Carried. MOTION: McAllister made motion, Schwab seconded, that the civil and criminal attorneys be paid $50.00/hour, effective immediately. All aye. Motion Carried. MOTION: McAllister made motion, Peltier seconded, that the city clerk be authorized to pay approximately $1045.00 when the new typewriter arrives at City Hall. All aye. Motion Carried. MOTION: Hauer made motion, Schwab seconded, that the Mayor or Clerk be authorized to sign any necessary contracts for OLDER ADULT HOME -SHARE HOUSING PROGRAM, and authorize payment of $215.00 for the year 1986. VOTING FOR: Hauer, Potts, Schwab, McAllister VOTING AGAINST: Peltier All aye. Motion Carried. MOTION: Schwab made motion, Peltier seconded, to hire Leroy Houle to remove nine stumps from the city park in the amount of $399.30. VOTING FOR: Peltier, Potts, Schwab, McAllister VOTING AGAINST: Hauer All aye. Motion Carried. MOTION: Peltier made motion, Potts seconded, to adjourn at 10:10 PM. All aye. Motion Carried. Mary Creager, City k Cit Hugo