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HomeMy WebLinkAbout1985.10.21 CC Minutes101 MINUTES OF THE SPECIAL MEETING OF THE HUGO CITY COUNCIL October 21, 1985 The special meeting was called to order by Mayor McAllister at 6:01 PM. PRESENT: Hauer, Peltier, Potts, Schwab, McAllister Charles Johnson and Howard Kuusisto All requirements for a special meeting were met, and called by the Mayor under Chapter 10 of the Hugo City Code. The following city business is to be discussed: road superintendent, city mananer, tape record all city meetings, fix hockey rink at Hugo school, Basil Stone matter, and Zerwas subdivision. ROAD SUPERINTENDENT Mayor McAllister stated that this position was now his, with the hours required to do variable. It was his recommendation that the city authorize entering ,.,contract to hire Charles Shalander, formerly Maintenance Superintendent for Wash...' ounty, as an independent consultant to assume duties of road superintendent in Hugo. When a decision is made, the attorney should be directed to draw up an agreement,. and could be considered on a "trial basis". The Council was directed to consider the recommendation, and the matter will be discussed again at a future meeting. CITY MANAGER Mayor McAllister suggested that the Maydr's job is more than full time. It was his opinion that it would be in the best interest of the city to hire a manager to handle the day-to-day problems of the city. McAllister stated that he is considering not going to City Hall during business hours. The Council is to consider the reconvenda- tion, and the will be discussed again at a future meeting. TAPE RECORDER Mayor McAllister is proposing the purchase of a tape recorder and microphones to be used at all city meetings. In matters of litigation, it is essential that Hugo maintain a full and complete record. The minutes would still be typed as is pre- sently being performed. McAllister thought the system would cost at least, but not more than, $3,000.00, and would like a Council decision this evening. MOTION: Hauer made motion, Potts, that the City Engineer be directed to install a tape recording system in the Hugo City Hall chambers capable of recording all City Council and all Planning Commission in their entirely - as soon as possible. VOTING FOR: Hauer, Potts, Schwab, McAllister VOTING AGAINST: Peltier Motion Carried. ZERWAS - Divison of Propert McAllister stated that the division of the Schletty estate property should be consi- dered regular subdivision, and not land division. McAllister used Arcand's Estates and Hardwood Creek as examples of Hugo's requiring subdivision for large lot sizes. A lenghty discussion ensued regarding the ordinance relating to subdivision and its sub -chapters and the correct application for people to complete. The Council felt 102 October 21, 1985 that all division of property should be reviewed by the Planning Commission. It was the opinion of Mayor McAllister that Councilwoman, Theodora Peltier, should not participate in further discussion of the Zerwas matter, as she has stated that she has a financial interest in the property. MOTION: Hauer made motion, Potts, that the 1985 City Council has determined that all applications for division of land go to the Planning Commission for their recommendation until further notice. All aye. Motion Carried. The Council discussion was again directed to the subdivision chapter of the city. MOTION: McAllister made motion, Hauer seconded, that the City Clerk be directed to require applicants for division of land to apply for full subdivi- sion when the division of land will create 2 or more new parcels of land. The Planning Commission will consider the matter and may recommend down- grading of the application to minor subdivision or land divsion. The City Council will consider their recommendation. VOTING FOR: Hauer, Potts, Schwab, McAllister ABSTAINED: Peltier Motion Carried. MOTION: McAllister made motion, Schwab seconded, that this special meeting will continue at 7:00 PM, October 22. VOTING FOR: Potts, Schwab, McAllister VOTING AGAINST: Hauer, Peltier Motion Carried. �.� MaryCreager, City C ' k city jHugo The regular meeting of the City Council was called to order at 7:29 PM. PRESENT: Hauer, Peltier,Potts, Schwab, McAllister Charles Johnson and Howard Kuusisto 3.0 APPROVAL OF MINUTES MOTION: Peltier made motion, Hauer seconded, to approve the minutes of October 7, 1985 as submitted. All aye. Motion Carried. MOTION: Peltier made motion, Schwab seconded, to approve the minutes of the Special Meeting of October 7, 1985 as submitted. All aye. Motion Carried. 1®3 October 21, 1985 MOTION: Peltier made motion, Schwab seconded, to approve the minutes of the Special Meeting of October 10, 1985 as submitted. All aye. Motion Carried. 4.0 APPROVAL OF CLAIMS MOTION: Schwab made motion, Peltier seconded, to approve the General Claims for October 21, 1985 as submitted. All aye. Motion Carried. MOTION: Peltier made motion, Hauer seconded, to approve the Utility Claims for October 21, 1985 as submitted. All aye. Motion Carried. 5.0 PETITIONS, REQUESTS, CONMNICATIONS & LICENSES 5.1 Fire Department The Fire Review Committee interviewed Anthony Koecher as a possible candidate for the fire department. MOTION: Hauer made motion, Peltier seconded, to add Anthony Koecher to the Hugo Fire Department. All aye. Motion Carried. 5.2 George Indykiewicz - Mining Permit MOTION: Potts made motion, Peltier seconded, to renew the Mining Permit for George Indykiewicz subject to all previous conditions. All aye. Motion Carried. 5.3 Granger's Inc. - Site Plan Approval Granger's is proposing the construction of a convenience store and self-service gas pumps on their property on Highway 61 and 148th Street. Their plans are to divide the property into three separate parcels - existing gas station, new station, and existing body shop. This matter will be heard by the Planning Commiesion when a certificate of survey is obtained. The Council discussed access and egress to the new facility, and could still require curbing in the city's right-of-way at some later date. Attorney Johnson stated that the applicant indicates that if it is de- termined that there is a traffic problem in the future and curbing would have to be extended, there still would be adequate access to their property from 148th Street. Darrell Granger understood and accepts this. MOTION: Potts made motion, Peltier seconded, to approve the Site Plan for Granger's Inc. for the construction of a 34 x 60 self-service gas station as indi- cated along with a variance to Chapter 320-5, Subd. M(2). Approval sub- ject to payment of engineering fees incurred for this application. All aye. Motion Carried. 104 October 21, 1985 Granger's - cont. MOTION: McAllister made motion, Peltier seconded, that the Granger's application for subdivision be forwarded to the Planning Commission. All aye. Motion Carried. 5.7 Thomas Frampton - Special Use Permit Mr. Frampton, 8125 122nd Street, would like to raise non-domestic animals in the RR2 zone. This application is an after -the -fact application as the animals are already on the property. McAllister stated that alot of people are concerned with the quality of Sunset Lake, and that the property is zoned residential, and not agriculture. MOTION: Schwab made motion, Peltier seconded, to approve the Special Use Permit for Thomas Frampton to raise non-domestic animals in the RR2 zone, subject to the following conditions: 1. There shall not be more than six (6) animals on the property at any time. 2. Ten acres must be fenced to contain the animals. 3. No animals shall be pastured in the field northeast of the house at a distance closer than 300' to the low area by the culvert con- necting the Frampton property to Sunset Lake. 4. This Special Use Permit shall not be transferable to any new owners of said property. MOTION: McAllister made motion, Potts seconded, to amend the previous motion to include Item 5 - All conditions of this SUP are subject to annual review. All aye. Motion Carried. ORIGINAL MOTION All aye. Motion Carried. 5.4 Gordon Stroman - Rezoning Mr. Stroman, 8039 165th Street, would like to rezone 15 acres from Conservancy to the AG district. The Planning Commission held a public hearing and recommended approval. tVPION: Potts made motion, Peltier seconded, to adopt ORDINANCE 1985-225, AN ORDINANCE At -E DING THE ZONING CLASSIFICATION OF THE DESCRIBED REAL PROPERTY. All aye. Motion Carried. 5.5 Walter Erickson - Special Use Permit MOTION: Hauer made motion, Peltier seconded, to approve the Special Use Permit for Walter Erickson, 4551 165th Street, to construct a 40 x 60 pole barn in the Flood Plain. All aye. Motion Carried. 105 October 21, 1985 5.6 Nancy Cunningham - Special Use Permit Mr. Engman, prospective buyer for the Cunningham property at 9365 122nd Street North, was present to discuss his plans for the property. Whether or not he purchases the property is contingent on being able to obtain a SUP for the purpose of outside storage of RV's and boats. He would like to build a pole barn and use to customize boats. It is just a "hobby" at this time, but after future retirement, would be doing the work on a more regular basis. The applicatic4 as submitted by Mrs. Cunningham, did not indicate this type of request, and the application was recommended for denial by the Planning Commission. MOTION: McAllister made motion, Peltier seconded, that this matter be returned to the Planning Commission and recommend the application be revised to indicate accurate plans for the property. The appropriate fee is to be paid, and direct the Planning Commission to hold a public hearing on the new application. All aye. Motion Carried. BASIL STONE Mr. Stone had made application for a building permit to build along 170th Street in Section 7. It became apparent that the Washington County Recorder's Office created lots without having the approval from Hugo to split the property. Mr. Stone and Mr. David Nordhausen were present at the meeting and agreed to combine their property into one parcel. The city would initiate a rezone, with their approval, to eliminate substandard lots in the Conservancy District. For the record, Messrs. Stone and Nordhausen agreed to combine their parcels and the rezoning of their property initiated by the City Council. 5.8 Garry Boyer - Discussion on outside storage Mr. Boyer, owner of one acre at 9195 122nd Street, was called to the meeting to dis- - cuss the open storage of vehicles on his property. He stated that the vehicles are not registered to him, but are the property of his brother who owns Continental Motors in White Bear Lake. He asked about constructing a pole barn to store the vehicles, and was told that he would have to apply for Site Plan Approval for an accessory building, and a Special Use Permit for storage of vehicles. It will be placed on the PC agenda, and public hearing to be held. MOTION: McAllister made motion, Peltier seconded, that the Clerk be directed to send Garry Boyer an application for Site Plan for a pole barn, and an applicatnn for a SUP for storage of motor vehicles not owned by him. All aye. Motion Carried. 5.9 Frank Kubitschek - Special Use Permit Mr. Kubitschek is applying for an after -the -fact SUP for the filling of a lot on Bald Eagle Lake. Mr. Kubitschek stated that prior to the purchase of the property, he contacted Hugo's building inspector, and was told that all he needed was a permit from the Rice Creek Watershed District, and nothing from Hugo. The property is located in the flood plain, and does require a SUP for filling of a lot. Howard Kuusisto has made an on-site inspection of the property and made a recommendation which in on file at City Hall. Mayor McAllister recommended that Councilman Hauer 106 October 21, 1985 meet with Kuusisto in Howard's off ice, to formular a SUP, along with pertinent conditions, and bring back to the City Council. McAllister al." recommended that a "hold harmless" be signed by whomever obtains a building permit for Kubitschek's and Peterson's lots. MOTION: McAllister made motion, Peltier seconded, to table the Kubitschek and Peterson applications for SUP. The city engineer is directed to pre- pare a drainage plan through both properties which will serve the needs of the City of Hugo. All aye. Motion Carried. Attorney Johnson was instructed to draft "hold harmless" agreements for both properties. MOTION: McAllister made motion, Peltier seconded, that the applications for the above SUP's be required to deposit $300.00/each for any engineering and legal fees incurred for said applications. All aye. Motion Carried. 5.11 Richard Charest - Special Use Permit Mr. Charest is proposing the filling of Lot 8, Block 1, Royalhaven Estates, for future use as a building site. Engineer Kuusisto made an on-site inspec- tion of the site, and his recommendation is on file. [MOTION: Schwab made motion, Peltier seconded, to approve the Special Use Permit for Richard Charest for the filling of Lot 8, Block 1, RoyalhavelEstates, and shall be subject to the following conditions: 1. All conditions of this Special Use Permit are to be met by 8/11/87. 2. No slopes on property will be greater than 3:1. 3. The deepest areas 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. 4. Footings will be on undisturbed earth. 5. Ponding area to the east will not be filled. 6. The on-site system will comply with all recommendations of the city engineer. 7. The developer will deposit cash or an acceptable letter of credit, in the amount of $5,000.00 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 (1) year after final certification by the city engineer. 8. The developer will comply with all final grade requirements of the city engineer. 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. 11. A 10' drainage/utility easement shall be granted along both lot lines from Homestead Avenue to Sunset Lake. 12. The developer will execute an agreement drafted by the city attorney to hold Hugo harmless in this matter. All aye. Motion Carried. 107 October 21, 1985 Castle Design - Special Use Permit Greg Schmit and Ken Gervais, representing Castle Design, were present to discuss their application for the filling of Lot 6, Block 1, Royalhaven Estates. They are planning to take their fill from Lot 11, which waid be similar to the Bill Clark Special Use Permit to fill his lot. Howard Kuusisto stated that he would like to see some erosion control structure and some method to bring water down. MOTION: McAllister made motion, Peltier seconded, to approve the Special Use Permit for Castle Design & Development Company, for the filling of Lot 6, Block 1, Royalhaven Estates, and shall be subject to the following conditions: 1. All conditions of this Special Use Permit are to be met by 8/11/87. 2. No slopes on property will be greater than 3:1. 3. The deepest areas 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. 4. Footings will be on undisturbed earth. 5. Ponding area to the east will not be filled. 6. The on-site system will comply with all recommendations of the city engineer. 7. The developer will deposit cash or an acceptable letter of credit, in the amount of $5,000.00 in favor of the City of Hugo, that will guarantee the requirements of the Special Use Permit will be net. The letter of credit will remain in effect for one (1) year after final certification by the city engineer. 8. The developer will comply with all final grade requirements of the city engineer. 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. 11. An erosion control plan and erosion control will be implemented as directed by the city engineer for Lot 11. 12. The developer will execute an agreement drafted by the city attorney to hold Hugo harmless in this matter. 13. The developer dedicates and accepts easements as indicated in the certificate of survey dated 10/21/85, #9808, by E.G. Rud & Sons, Inc. All aye. Motion Carried. 6.0 ORDINANCES AND RESOLUTIONS No discussion. 7.0 UNFINISHED BUSINESS NO discussion. 8.0 NEW BUSINESS MOTION: Peltier made motion, Schwab seconded, to add the following to the General Claims for October 21, 1985: A & B Construction - $2,263.00 (Project 1 - 9,236.00 Project 2 - 1,027.00) All aye. Motion Carried. • 1 6 October 21, 1985 MOTION: Schwab made motion, Hauer seconded, that the City of Hugo improve the hockey rink located at the Hugo Elementary School. All aye. Notion Carried. MOTION: Hauer made motion, Peltier seconded, to approve Job Order 47834 for Northwestern Bell. All aye. Motion, Carried. ZERWAS SUBDIVISION There was further discussion on the requirements to divide property owned by the Schletty Estate. Mayor McAllister stated that the division would have to comply with the Flood Plain regulations. The application and other pertinent information is to be submitted to Howard Kuusisto for his review and comments. After that they are to be placed on the PC agenda. MOTION: Peltier made motion, McAllister seconded, to extend meeting past 11:00 PM. All aye. Motion Carried. MOTION: Potts made motion, Peltier seconded, to adjourn at 11:11 PM. All aye. Motion Carried. Mary,zVCreager, City C rk City6ol Hugo