Loading...
HomeMy WebLinkAbout1985.12.16 CC Minutes125 MINUTES OF THE PROCEEDINGS OF THE HUGO CITY COUNCIL December 16, 1985 The regular meeting was called to order by Mayor McAllister at 7:14 PM. PRESENT: Hauer, Peltier, Potts, Schwab, McAllister Attorney, Charles Johnson Engineer, Howard Kuusisto 3.0 APPROVAL OF MINUTES MOTION: Schwab made motion, Hauer seconded, to approve the minutes of December 2, 1985, as submitted. VO'T'ING FOR: Hauer, Potts, Schwab, McAllister ABSTAINED: Peltier Motion Carried. 4.0 APPROVAL OF CLAIMS MOTION: Peltier made motion, Schwab seconded, to approve the General Claims for December 16, 1985 as subxmitted. All aye. Motion Carried. MOTION: Hauer made motion, Peltier seconded, to approve the Utility Claims for December 16, 1985 as submitted. All aye. Motion Carried. MOTION: Peltier made motion, Schwab seconded, to approve the claim for Project 8407 in the amount of $13,605.67. All aye. Motion Carried. 5.0 PETITIONS, REQUESTS, COMMUNICATIONS & LICENSES 5.1 Twin Pine Trailer Park Ms. Sarah Currie Mardell was present to discuss a proposed settlement drafted by her and submitted to James Meyer, attorney for Twin Pine Trailer Park, Inc. Ms. Mardell felt that she had an agre?ment, and that attorney Meyer would be present at this meeting with a signed settlement agreement and cashier's checks in the amount of $11, 588.76. Mr. Meyer was not present and did not deliver any documents. The case is still open. Mayor McAllister, speaking as an individual, stated that he had made it clear that if they did not settle tonight, the agreement was off. As an indi- vidual, McAllister withdrew his agreement, and stated that all costs for case #2 be billed to him directly. MOTION: Peltier made motion, Potts seconded, to table this matter until a later date. All aye. [lotion Carried. 12 December 16, 1985 5.5 Verna Larsen - Rezoning Verna Larsen is proposing the rezoning of 20 acres from CONS to AG for the pur- pose of dividing into 2 10 acre lots. McAllister stated that a certificate of survey would be required for the division as well as adequate proof of ownership. Ms. Larsen acknowledged she was aware that rezoning does not necessarily guarantee subdivision approval - only makes it eligible. MOTION: Potts made motion, Peltier seconded, to adopt ORDINANCE 1985-228, AN ORDI- NANCE AMENDING CHAPTER 320 OF THE HUGO CITY CODE ENTILED "ZONING" BY AMENDING THE ZONING CLASSIFICATION OF THE DESCRIBED REAL PROPERTY. All aye. Motion Carried. 5.6 Richard Vail - Variance Mr. Vail initially requested two 2' variances for sideyard setback on Lot 6, Shamrock Glen subdivision. Mr. Vail stated that he would like to revise his application for a 4' variance (6' setback rather than 10')on the south side of Lot 6. Mr. Vail stills owns Lot 5, and stated that he would build the house on Lot 5 as far from the north property as possible. George Atkinson, chairman of the Planning Commission, was present, and spoke on behalf of the PC, stating that he did not feel there would be any problem with the new application. MOTION: Hauer made motion, Potts seconded, to approve the side lot variance on Lot 6, Shamrock Glen, for a setback on the south side of 6' rather than the required 10'. The south side property line to be established prior to excavation to assure 6' setback on Lot 6. All aye. Motion Carried. The Council then discussed the storm water problem at Shamrock Glen as the result of not installing a culvert where required. Mr. Vail stated that the work cannot be completed until the temperature reaches at least 200. Engineer Kuusisto was instructed to write a letter to Dale Eklin, RCWD, and the neighbor to the east of the project, what steps the city is taking to remedy the water problem. 5.3 Tara Arhip - Nuisance Complaint Ms. Arhip was sent a certified letter requesting that she appear at tonight's meeting to discuss the nuisance complaint the city has received regarding her property. Let the record show that Ms. Arhip failed to appear as requested. MOTION: McAllister made motion, Potts seconded, that a formal complaint be filed with the prosecuting attorney against the fee owners of the property at 5261 165th Street North for violation of the Nuisance Ordinance. All aye. Motion Carried. 5.4 Gary Grenz - Charitable Gambling Mr. Grenz, representing the City of Hope, was present to inquire as to the Council's feelings for the use of pull tabs in the city's liquor establishments. McAllister stated that the State of Minnesota now handles the issuance of gambling licenses. They are then forwarded to the city with a 30 day deadline to respond. Councilman Hauer stated that he is not in favor of denying anything related to gambling. The city has yet to deny an application for gambling from a tax exempt organization. December 16, 1985 5.7 Lyle Zerwas - Subdivision '_ 2 7 Mr. Zerwas is proposing the division of approximately 75 acres into 4 lots. The pro- perty is zoned Agriculture with a portion of it being in the Floodplain. A new preliminary concept was provided. There is no certificate of survey yet. MOTION: Hauer made motion, Potts seconded, to approve the preliminary plan for the Schletty/Zerwas subdivision to divide approximately 75 acres into 4 parcels (3 new and original). Division is subject to the following conditions being met: 1. No filling in excess of 100 cubic yards of fill in low areas without application for a Special Use Permit. This does not include fill required for driveways. 2. Driveway culverts shall be 36" in diameter or as approved by the City Engineer. 3. Driveway slide slopes shall be no steeper than 3:1. 4. Berm near east right-of-way line of Goodview shall be cut to provide drainage way from lots to ditch. 5. Elevation of driveways shall be not less than 2' below regulatory flood protection elevation. 6. Hardshell requirement shall be waived. 7. The easement running east and west shall remain as existing. 8. The certificate of survey shall indicate the proposed building sites. 9. Developer shall pay $400.00 parkland dedication. VOTING FOR: Hauer, Potts, Schwab, McAllister ABSTAINED: Peltier Motion Carried. 5.8 Wilber Harris - Amended Special Use Permit Mr. Harris is proposing to hold boxing and wrestling events at the Texan Bar. The Planning Commission held a public hearing, and recommended approval of the application along with certain conditions. MOTION: Potts made motion, Peltier seconded, to approve the application for an Amended Special Use Permit to hold boxing and wrestling events at the Texan Bar. Approval is subject to the following conditions being net: 1. Applicant to have one full-time, licensed, uniformed peace officer on the premises one hour before until one hour after the match ends. 2. All boxing activities to be held inside the Texan Bar. 3. The last match to start no later than 10:00 PM and be completed no later than 11:00 PM. 4. Spectators are to be limited to a number to be set by the Fire Chief based on building capacity (already designated at 600). 5. A hold harmless agreement in favor of the City shall be signed by the applicant. 6. The city shall limit the number of events to six (6) per year. 7. Applicant to provide the city with a copy of his liability insurance. 8. This permit shall be subject to review at the discretion of the City Council. 128 December 16, 1985 9. Applicant to comply with regulations of the State Boxing Commission. 10. In the case of televised events, no intoxicating beverages will be sold where event is taking place. 11. Amateur and professional boxing only. No "tough man" competition. 12. Additional conditions may be added by the City Council as deemed necessary. All aye. Motion Carried. 6.0 REPORTS OF OFFICERS & COMMITTEES 6.1 Ordinance Committee The Council is to review further the submitted subdivision ordinance. The revised ordinance will be discussed at a later date. 6.2 Planning Commission - no discussion 6.3 Building Inspector The city received a report from the Building Inspector regarding the construction of a pole barn on the Wally Otto property without a building permit. MOTION: McAllister made motion, Schwab seconded, that the City Clerk be directed to send a certified letter to Wally Otto advising him of the Building Inspector's report and asking him to appear before the City Council at their meeting of January 20, 1986, 8:00 PM, with an explanation. All aye. Motion Carried. 6.4 Fire Chief Ron Istvanovich discussed the certified letters that were sent to the inactive members of the Fire Department. He believes the problems have been worked out with one of the recipients. Let the record show that the Fire Chief submitted a report indicating delinquent attendance for drills and meetings. MOTION: McAllister made motion, Potts seconded, that the Mayor write a letter to Bob Christianson asking him to contact the Fire Chief regarding his status on the Fire Department. All aye. Motion Carried. MOTION: Potts made motion, Schwab seconded, authorizing the Fire Chief to con- tract with District Memorial Hospital for CPR and training courses for the Fire Department. All aye. Motion Carried. MOTION: McAllister made motion, Hauer seconded, that the Fire Chief be directed to advise those parties responsible for responding to fire calls on 3 -wheelers that such vehicles are illegal in the City of Hugo. All aye. Motion Carried. December 16, 1985 MOTION: Hauer made motion, Peltier seconded, to adopt ORDINANCE 1985-229, AN ORDINANCE A4ENDING CHAPTER 110 OF THE HUGO CITY CODE ENTITLED "FIRE PREVENTION & PROTECTION", TO PROVIDE FOR APPOINTMENT OF THE FIRE CHIEF AND ASSISTANT FIRE CHIEFS BY THE CITY COUNCIL AND TO PROVIDE FOR HIRING OF FIRENIENT BY THE CITY COUNCIL. All aye. Motion Carried. 6.5 Clerk Howard Schletty is seeking an appointment on the Rice Creek Watershed Board of Commissioners and would like a letter of recommendation from the city. Applicants with such a letter will be given priority consideration. �0y MOTION: McAllister made motion, Schwab seconded, that Councilman Hauer be authorized to draft a letter of recommendation for Howard Schletty and the Mayor will sign. The letter to be forwarded to Charles Swanson suggesting Mr. Howard Schletty be appointed to RCW Board of Commissioners. VOTING FOR: Hauer, Potts, Schwab, McAllister ABSTAINED: Pelter Motion Carried. TWIN PINE TRAILER PARK Mr. Meyer, attorney for Twin Pine Trailer Park, Inc., was present with signed copies of the Settlement Agreement and Dismissal and cashier's checks for the agreed to amounts. It was the recommendation of Attorney Mardell that the city accept this offer. MOTION: Hauer made motion, Peltier seconded, that the Mayor be authorized to sign the Settlement Agreement and Dismissal on behalf of the corporation (City of Hugo) . All aye. Motion Carried. For the record, Pam Sunde is present and she acknowledges that she observed Plaintiff Joe Oman execute all five (5) copies of the Settlement Agreement and Dismissal and acknowledges that the signature J.J. Oman, thereon, is the signature of the Plaintiff Joe Oman aka John Joseph Oman. Pam Sunde and Attorney James Meyer also acknowledge that Plaintiff Oman did have mental capacity to execute the Settlement Agreement and Dismissal. 7.0 ORDINANCES AND RESOLUTIONS 7.1 Resolution for Sewer Charge Increase MOTION: Peltier made motion, Schwab seconded, to adopt RESOLUTION 1985-25, A RESO- LUTION INCREASING THE UTILITY RATE FOR SANITARY SEWER USE FROM $22.25/QUAR1'ER TO $22.75/QUARTER PER R.E.C., EFFECTIVE JANUARY 1, 1986. RATE INCREASE DUE SOLELY TO INCREASE FROM METRO WASTE CONTROL COMMISSION. All aye. Motion Carried. 130 December 16, 1986 MOTION: Schwab made motion, Peltier seconded, to accept the 1986 Water Budget as submitted. All aye. Motion Carried. MOTION: Potts made motion, Peltier seconded, to accept the 1986 Sewer Budget as amended. All aye. Motion Carried. MISCELLANEOUS The City Clerk was reminded that she has been negligent in the upkeep and appearance of City Hall and her office. MOTION: McAllister made motion, Potts seconded, that effective January 1 , 1986, City Hall will be opened on Fridays, 8:30 AM - 1 :30 PM. All aye. Motion Carried. MOTION: Peltier made motion, McAllister seconded, to adjourn at 10:22 PM. All aye. Motion Carried. Mary Creager, Clerk City o Hugo • Off‘Ct WATER DEPARTMENT - 1986 BUDGET RECEIPTS Service $13,500.00 Interest 2,500.00 Sales Tax 100.00 $16,100.00 DISBURSEMENTS Salaries/Labor = Superintendent $ 2,100.00 FICA/PERA 200.00 Mileage 215.00 Emergency labor 1,000.00 Meter reading 350.00 NSP - pump and heating 1,600.00 Contracts (Cathodic inspection, instrument inspection) 500.00 Insurance - truck (1/2) 300.00 Insurance - personnel 250.00 Statements and forms 125.00 Sales tax 100.00 Chemical analysis 200.00 Emergency water main repairs 2,500.00 Tower, hydrant, pumphouse, chemicals (supplies and maint) 2,500.00 $11,940.00 Excess revenue vs. operating expense $ 4,160.00 Capital Outlay* Repaint water tower $11,980.00 bid - Odland Protective Coatings 1,800.00 15% legal, engineering, etc. $13,780.00 • * to be financed through water enterprise fund reserves. SEWER DEPARTMENT - 1986 BUDGET RECEIPTS Service $45,682.00 (502 REC's @ $22.75/quarter) DISBURSEMENTS Salary - Superintendent 2,100.00 FICA and PERA 200.00 Mileage 230.00 Insurance - truck (2) 300.00 Insurance - personnel 700.00 NSP 1 ,400.00 Snow removal 150.00 Operating Supplies 300.00 Repairs and maintenance 1 ,200.00 Metro Waste Control Comm. 37,742.00 _ Capital Outlay-alarm system 1 ,200.00 Statements and forms 125.00 $45,647.00 Excess revenue vs. expense $35.00