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HomeMy WebLinkAbout1984.02.06 CC Minutes 9 MINUTES OF THE PROCEEDINGS OF THE HUGO CITY COUNCIL February 6, 1984 The meeting was called to order by Mayor McAllister at 7:06 PM. PRESENT: Peltier, Atkinson, Schwab, McAllister City Attorney - Charles Johnson ABSENT: Vail 3.0 APPROVAL OF MINUTES MOTION: Peltier made motion, Schwab seconded, to approve the minutes of January 16, 1984, as submitted. All aye. Motion Carried. 4.0 APPROVAL OF CLAIMS MOTION: Peltier made motion, Schwab seconded, to approve the General Claims for February 6, 1984, as submitted. All aye. Motion Carried. MOTION: Atkinson made motion, Peltier seconded, to approve the Utility Claims for February 6, 1984, as submitted. All aye. Motion Carried. 5.0 PETITIONS, REQUESTS, COMMUNICATIONS & LICENSES 5.2 Peter Mastin - Site Plan Approval Mr. Mastin, 5075 170th Street North, would like to construct a 34 x 36 accessory building to be used for his horses. The site plan meets all the setback requirements. MOTION: Peltier made motion, Schwab seconded, to approve the Site Plan for Peter Mastin, to construct a 34 x 36 pole building for his personal use only, and build according to site plan. All aye. Motion Carried. 5.7 James Leroux - Renew of Mobile Home Permit MOTION: Peltier made motion, Atkinson B new the Mobile Home Permit for James Leroux, 4360 165th Street North, under Chapter 40, Article III, Subdivi- sion D, for a period of 90 days. All aye. Motion Carried. 5.8 Donald Rieck - Renew of Mobile Home Permit MOTION: Peltier made motion, Atkinson seconded, to renew the Mobile Home Permit for Donald Rieck, 12718 Irish Avenue, under Chapter 40, Article III, Subdivi- sion B, for a period of 90 days. All aye. Motion Carried. 10 February 6, 1984 5.5 Daniel Ramberg - Racetrack Site (Blaine) Mr. Ramberg, a Hugo resident, has requested that the City of Hugo support the Blaine site by the adoption of a Resolution to that effect. MOTION: McAllister made motion, Atkinson seconded, to adopt RESOLUTION 1984- 1 , A RESOLUTION SUPPORTING THE LOCATION OF A RACING FACILITY IN THE CITY OF BLAINE. All aye. Motion Carried. 6.0 REPORTS OF OFFICERS & COMMITTEES 6.1 Ordinance Committee - No discussion 6.2 Planning Commission - No discussion 6.3 Fire Chief - No discussion 6.5 Clerk MOTION: Peltier made motion, Schwab seconded, to approve a Cigarette License for Par Mar, Inc. , DBA Paul's Pizza, 14849 Forest Boulevard, in the amount of $12.00. All aye. Motion Carried. The city received a letter from the Sunset Lake Homeowner's Association thanking Mayor McAllister for arranging to have the City Attorney and City Engineer present at their last meeting for discussion of a possible blacktop improvement. They have also requested use of the City Hall on March 26 for their meeting, but they have been notified that there would be a conflict because of the FD meeting. MOTION: McAllister made motion, Peltier seconded, that the City Clerk be au- thorized to schedule use of City Hall for the Sunset Lake Homeowner's Association provided there is no conflict that evening. All aye. Motion Carried. The City Clerks Conference is schedule for March 13-16, 1984, at the Shraton Inn Northwest, Brooklyn Park. The cost for room and registration would be appro- ximately$150.00. MOTION: Peltier made motion, Schwab seconded, that the Clerk be authorized to attend the City Clerks Conference, March 13-16, 1984. All aye. Motion Carried. MOTION: McAllister made motion, Peltier seconded, that the City Clerk be ad- vanced $200.00 for the clerk's conference (room and registration) , and the balance be itemized and returned to the City. All aye. Motion Carried. COMPLAINTS The City received a letter from Mr. Brad Boucher regarding an allegation that the dogs owned by Russ Gagner killed his expensive dog. 11 February 6, 1984 Brad Boucher - cont. MOTION: Peltier made motion, Schwab seconded, that the Clerk send a letter to Russ Gagner asking that he appear before the Council at the meeting of February 21, 1984, 7:15 PM, to answer the allegation. All aye. Motion Carried. The City received a complaint from Vern Peloquin stating that he is having problems with a dog allegedly owned by Brad Snell, 14927 Forest Blvd. MOTION: Peltier made motion, Schwab seconded, that the Clerk send a letter to Brad Snell asking that he appear before the Council at the meeting of February 21 , 1984, 7:30 PM, to answer the allegation. All aye. Motion Carried. 5.6 Kevin Mann - Special Use Permit Kevin Mann was granted a SUP on October 3, 1983. However, Mr. Mann did not comply with the 60 day requirement (Item 1) . A SUP is required because an accessory building is being constructed prior to the principal structure. A Letter of Credit guaranteeing that Mr. Mann obtain a building permit for the residence, and satis- factory operation of a mound-type septic system. Proof of ownership will be submitted later. MOTION: McAllister made motion, Peltier seconded, to approve an Amended Special Use Permit for Kevin Mann to construct a 30 x 48 pole barn prior to the principal residence, and extending Item 1 of the original permit (60 days) until the last day in May. A 5th condition should be added to SUP re- quiring Mr. Mann to construct a mound septic system to the recommendations of the Building Inspector. All aye. Motion Carried. ROBERT RICCI Mr. Felix Mannella, attorney for R & S Properties, submitted a letter requesting the establishment of a Board of Appeals to reconsider the 48' height requirement for the bedrooms in the multi-family dwelling moved into the city. MOTION: McAllister made motion, Schwab seconded, that the City Council of the City of Hugo, under the authority of Chapter 40 of the Hugo City Code, form an advisory commission to the Board of Appeals (City Council) . The advisory commission shall hold one meeting and make a recommendation to the City Council on the application of R & S Properties for an alternate method of construction for the windows in the apartment building bedrooms and the handicap ramp. The membership of the commission shall be the following: 1. Howard Kuusisto - a duly registered civil engineer. 2. Gunner Petterson - certified and licensed by the State of Minnesota as a Building Inspector, and qualified to pass an opinion in this matter. 3. Gordon Vadnais, Fire Chief for the City of White Bear Lake, and qua- lified to address areas and issues of safety. 12 February 6, 1984 Ricci - cont. The Clerk's office shall provide the necessary clerical support and notify the official newspaper of the time and date of the meeting. The commission shall hold an open meeting and comply with Roberts Rules of Order. The commission shall cease to exist whenit has made its recommendation to the City Council as the Board of Appeals. Mr. Petterson shall be compensated at the rate of $35.00/hour, as charged by his company. Mr. Gordon Vadnais shall be compensated at a rate to be billed to us by the City of White Bear Lake, at a raterot to exceed $40.00/hour. Tom Crever, Building Inspector, stated that he would like to review the alter- nate plan and possibly eliminate the need for a Board of Appeals. Mayor McAllister withdrew his motion, and the matter to be placed on the agenda again, if necessary. The Council then addressed a letter received by the City stating that the a- partment building owned by R & S Properties is being occupied. Mr. Ricci has applied for a temporary Certificate of Occupancy with the Building Inspector. Mr. Crever stated that because tWbedrooms now in the building could be con- sidered a hazard, and there have final plumbing, heating, or electrical inspections, that he would recommend denial of the application. It was the recommendation of Mayor McAllister that because of the violation of the Building Code, that R & S Properties has 30 days frau February 7, 1984, in which to get the building vacated. The Building Inspector will be sent back to reinspect the building. If at that time the building is not vacated, the complaint will be directed to the criminal prosecuter for the City of Hugo. The City Council will set a public hearing to show cause why the Special Use Permit should not be suspended or revoked. The City of Hugo will draw on the Letter of Credit, and the financial guarantee will be used to force compliance with the Special Use permit which states the building will meet all city and state codes, including removal of the building from the City of Hugo. 5.3 Robert Ricci - Site Plan Approval Mr. Ricci, Ricci's Saloon, is proposing the an 11 x 24 drive-in addition to the east of his existing building. Because the building is located on a corner lot, a setback of 20' is required. The furthest proposed south wall would be con- structed 9' fran the property line. It was determined that the addition would not create a vision problem. The Building Inspector stated that he would re- quire more detailed plans for the kitchen and actual construction plans for the building. MOTION: McAllister made motion, Peltier seconded, to approve the Site Plan for Robert Ricci for the construction of an 11 x 24 addition to Ricci's Saloon, subject to the following conditions: 1. Mr. Robert Ricci prepare a detailed set of blueprints for the Building Inspector, that meet all city and state codes prior to the Building Permit being issued. 2. Required Health Department review is completed. 13 February 6, 1984 Ricci - Site Plan Approval (cont) 3. This Site Plan Approval constitutes granting of a variance of 11 ' from the required 20' frau city right of way. 4. Payment of $75.00 fee. All aye. Motion Carried. 5.4 White Bear Rod & Gun Club Mr. Bruce Malkerson, attorney for the gun club, submitted a letter •stating that they incorrectly assumed that their Special Use Permit granted them permission to con- struct noise abatement structures. MOTION: McAllister made motion, Atkinson seconded, that the City Clerk write a letter to Bruce Malkerson advising him that the city accepts the gun club's apology for building without a permit, and that he should see to it that the proper authority fills outs an application for a Building Permit and plans provided to the Building Inspector. There will be a charge of double the permit fee because of the violation to the Building Code. Mr. Bruce Malkerson is directed to write a letter to the club's membership advising them, as legal counsel, that they cannot build within the city without a permit frau the Building Inspector. A Special Use Permit does not give them permission to build without a permit - forthwith. All aye. Motion Carried. MISCELLANEOUS At this time, Mayor McAllister called upon ex-Planning Commission member, Bill Hanson, to step forward. A plaque was presented to Mr. Hanson, thanking him for his service to the City of Hugo. BUILDING INSPECTOR Mr. Crever submitted his monthly report. Mayor McAllister stated that he had had a meeting with the Building Inspector regarding a new policy that will be implemented for the Building Department. A comnitttee, consisting of Councilman Schwab, Clerk Mary Ann Creager, to meet and formulate a policy. 5.1 Robert McCullough - Status of Building Permit Mr. McCullough failed to appear at 7:00 PM as requested. MOTION: McAllister made motion, Peltier seconded, that the Building Inspector is directed to issue a cease and desist order, and the City Clerk notify Mr. McCullough, be registered mail, to appear at the next City Council meeting. All aye. Motion Carried. MOTION: McAllister made motion, Schwab seconded, that the Building Inspector be authorted to order such materials as necessary to carry out responsibilities of his job. All aye. Motion Carried. MOTION: Peltier made motion, Schwab seconded, to adjourn at 10:01 PM. All aye. Motion Carried. Mary ?/Creager, City CCk CityHugoof