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HomeMy WebLinkAbout1984.11.19 CC Minutes 127 MINUTES OF THE PROCEEDINGS OF THE HUGO CITY COUNCIL November 19, 1984 The meeting was called to order by Mayor McAllister at 7:06 PM. PRESENT: Peltier, Atkinson, Schwab, Hauer, McAllister City Attorney - Charles Johnson 3.0 APPROVAL OF MINUTES MOTION: Peltier made motion, Hauer seconded, to approve the minutes of the Special Meeting of November 5, 1984, as submitted. All aye. Motion Carried. MOTION: Peltier made motion, Atkinson seconded, -to approve the minutes of the regular meeting of November 5, 1984, after the following correction has been made: Page 123 - raising of chickens All aye. Motion Carried. MOTION: Peltier made motion, Scwhab seconded, to approve the minutes of Board of Can- vass, November 7, 1984, as submitted. All aye. Motion Carried. 4.0 APPROVAL OF CLAIMS MOTION: Schwab made motion, Peltier seconded, to approve the General Claims for No- vember 19, 1984, as submitted. All aye. Motion Carried. MOTION: Peltier made motion, Schwab seconded, to approve the Utility Claims for No- vember 19, 1984, as submitted. All aye. Motion Carried. 5.0 PETITIONS, REQUESTS, COMMUNICATIONS & LICENSES 5.1 Jimmy DeMars - Land Division Paul Tubbs, representing Mr. Demars, owner of 49 acres in the AG zone, stated that DeMars would like to record 10 acres on a warranty deed for the residence, and maintain the balance on a C/D. There would be an easement along the east side of the property fronting on 170th Street for access to the back property and residence. MOTION: McAllister made motion, Peltier seconded, to approve the Land Division for Jimmy DeMars to divide 10 acres from a 49 acre site, and shall be subject to the following conditions: 1 . Receipt of an application for Land Division, signed by the fee owner of the property, along with payment of $25.00 fee. 2. A corrected Certificate of Survey showing the easement. 3. Review of survey and deeds by the City Attorney so that City Clerk may be authorized to sign deeds for recording. (continued) 128 November 19, 1984 Jimmy DeMars continued 4. Payment of $100.00 per parcel created (1) for parkland dedication fee. All aye. Motion Carried. Applicant to pay any legal fees that may have been incurred for this application. 5.2 John Niemczyk - Land Division Tony Niemczyk, guardian for his brother, John, is requesting approval to divide 95 acres into 4 parcels - 3 parcels 23 acres and 1 parcel 26 acres. After review of the submitted documents, Mayor McAllister stated that a new certificate of sur- vey would have to be submitted for the 26 acre parcel fronting on 170th:Street. The others front on Henna Avenue and have a correct survey and legal description. MOTION: McAllister made motion, Peltier seconded, to approve the Land Division for John Niemczyk to divide 95 acres into 4 parcels, subject. to the following: 1 . Submission of a corrected Certificate of Survey that will show Parcels D, E, F, and A, B, C will be replaced with one approximate 26 acre parcel known as Parcel G. 2. Payment of $300.00 ($100.00 per parcel created)for parkland dedi- cation as well as payment of $75.00 application fee. All aye. Motion Carried. 5.3 Marvin LaValle - Rezoning Mr. LaValle has proposed the rezoning of 14.9 acres from the GB disctrict to In- dustrial. Present building located on property would be used as a warehouse. Al- though the officially adopted zoning map indicates a GB district, and text for such a zone was never introduced. Although the Planning Commission recommended denial of the application because of spot rezoning, the Council felt that because of the locality of the property, the existing roads, the industrial zone could be well- suited for the area. The Council then reviewed the uses allowed in the industrial zone, and felt that the allowed uses would be acceptable, and any 'bontroversiar uses would be covered by a Special Use Permit. The Council recognizes that the Planning Commission acted appropriately in their recommendation in that they were not aware of any "GB zone", and acted on the information available to them. MOTION: McAllister made motion, Peltier seconded, to adopt ORDINANCE 1984-211 , AN ORDINANCE AMENDING CHAPTER 320 OF THE HUGO CITY CODE ENTITLED "ZONING" BY AMENDING THE ZONING DISTRICT CLASSIFICATION OF DESCRIBED REAL PROPERTY. All aye. Motion Carried. 5.4 Gary Markovich - Review of SUP A SUP was granted for the construction of a 32 x 56 wood frame building to be used for storage on a 10 acre parcel also known as 16325 Forest Boulevard. The Building Inspector, upon making a inspection, discovered that a light manufacturing business was being run in the building, which is not allowed in the SFE zone. Jim Flannery, • attorney for the interested parties, stated that the overwhelming use of the building is storage, and the manufacturing portion constitutes approximately 10 hours per month. The machines are the type found in any typical basement or garage. November 19, 1984 129 Flannery stated that the new owners had indeed made a mistake, and they are willing to do whatever they city requires to correct the error. Mayor McAllister stated that there was indeed misrepresentation in that no mention was made of any manufacturing that would take place in the building. This type of business would be allowed in the Industrial zone. The parcel would have to be split between SFE and Industrial in order for the residential trailer to remain on the property (1 acre) . Mayor McAllister in- formed the owners, as well as their attorney, that they could apply for a rezoning and• Minor Subdivision in order to accommodate their plans for the property. A $300.0041 have to be made to cover any publication, legal, or engineering costs relative to this matter. 5.5 Twin Pine Trailer Park - SUP McAllister stated that the last official action taken on this matter was to table the application until November 19, 1984. Judge Miles Lord referred the matter to the Attorney General's office for an opinion. As of this date, there has been no reponse, and it was the opinion of the Council that action should be taken on the application whether or not such an opinion is received. MOTION: Hauer made motion, Peltier seconded, to table the Oman matter until Decem- ber 17, 1984, at 8:30 PM for further discussion. The Council has extended the deadline for them to appear until this time and date. All aye. Motion Carried. 5.6 Curt Leibel - Rezoning Mr. Leibel has proposed the rezoning of his property from RB to Industrial to operate his masonry business from the land and future building. Mr. Leibel has illegally moved in a garage on the property (no building permit) . Mr. Leibel stated that the garage will not remain there. MOTION: Peltier made motion, Schwab seconded, to adopt ORDINANCE 1984-212, AN ORDINANCE AMENDING CHAPTER 320 OF THE HUGO CITY CODE ENTITLED "ZONING" BY AMENDING THE ZONING DISTRICT CLASSIFICATION OF DESCRIBED REAL rxvrr:xrY. VOTING FOR: Peltier, Atkinson, Schwab, McAllister VOTING AGAINT: Hauer Motion Carried. M7TION: McAllister made motion, Peltier seconded, that Curt Leibel be given an ap- plication for Site Plan Approval, and he will return to the city with a complete set of detailed plans showing the building, elevation of the lot as it is currently filled, a perc test for the lot. The site plan should contain a plan for complete screening of the lot. The screen would be at least 8' high. The applicant will deposit with the City Clerk a financial guarantee, in the amount of $500.00, for legal and engineering costs for this application. When the fee is deposited with the Clerk, Mr. Curt Leibel will be given a Hugo codebook, in an amount to be deducted from the fee. When he shall complete his site plan as may be approved by the City Council and obtain a Certificate of Occupancy from the Building Inspector, and if the codebook is returned to the city in good condition, Mr. Leibel shall receive his payment for that codebook. All aye. Motion Carried. 130 November 19, 1984 5.9 Wil Harris - REview of Sup Mr. Harris, along with his attorney, Jim Flannery, was present to answer Council questions relative to the Tex'n Club. Mayor McAllister stated that on 12/8/82, Mr. Flannery appeared before the Planning Commission and stated that Mr. Don Bumgartner was no longer involved in Harris's business operation. McAllister - for the record, are you still the sole stockholder in Wil Harris Investment. Flannery stated that he has all the corporate records and Mr. Harris is the sole stockholder in the corporation. McAllister asked what the corporation owned, and Flannery stated that the land is its only asset. McAllister asked who was paying the taxes on the land, and Harris replied that he himself had not paid taxes because of a question about the amount to be paid. McAllister asked why a bar and restaurant would need showers, and Harris replied for activities such as boxing matches. Harris stated that he has considered holding Golden Glove boxing matches. Mayor McAllister made reference to a letter frau Don Bluhm, MHCC, regarding an increase in SAC charges for the establishment - apartments on the second floor. Harris stated that he has no real plans for the area, but only wanted to pay the least amount possible for the additional charges, which was for apartments, so he said that is what they were going to be. Mayor McAllister informed Harris that apartments were not allowed in the RB district. At this point, Mr. Harris stated that Don Bumgartner has paid all the bills for the bar and restaurant, approximately $220,000. Harris stated that he has known him for 40 years, and that there is no written agreement between them for repayment of the Honey. McAllister stated that he would like to see Mr. Harris settle all financial ties with Bumgartner. Attorney Charles Johnson is to schedule a meeting with Flannery to examine Harris's corporate stocks. When Mr. Johnson is satisfied that Mr. Harris is the only party named and with interest in the property and building, Mr. Harris to deposit $300.00 Flirt any legal costs, and to be provided with a Hugo codebook so that he is aware what is allowed in the city. 5.8 John Distler - SUP Mr. Distler, 17300 Keystone, would like to construct a 30 x 68 pole building on the 20 acre lot adjoining the parcel with his residence (5 acres) . Because the accessory building would be constructed prior to a residence, a SUP would be required. The building would be used for storage and horses. MOTION: McAllister made motion, Peltier seconded, to approve the SUP for John Distler, Jr. , to construct a 30 x 68 pole building prior to the principal structure. The city clerk to draft an agreement similar to that of 1984-46. All aye. Motion Carried. 9.1 NorthwesternBell MOTION: Peltier made motion, McAllister seconded, to approve Northwester Bell Job Order 47218. All aye. Notion Carried. CITY ATTORNEY Mr. Johnson submitted his monthly report. He stated that he has talked to Mr. Pauley of the bonding company regarding release of the $2,000.00 for the Armon septic system. The clerk is to provide Mr. Johnson with the necessary documents to finalize this matter. 131 November 19, 1984 10.0 CLERK MOTION: McAllister made motion, Peltier seconded, that a parkland dedication fee of $100.00 be assessed to recently approved land division for Michael Gallivan. All aye. Motion Carried. MOTION: McAllister made motion, Peltier seconded, to hold a public hearing on December 17, 1984, at 7115 PM, to consider the use of 1985 Revenue Sharing Fluids. All aye. Motion Carried. MISCELLANEOUS Mayor McAllister will respond to a letter from the Bald Eagle Association regarding control of drainage culverts located in the City of Hugo. ON-CALL BUILDING INSPECTIONS MOTION: McAllister made motion, Peltier seconded, that the City Attorney be directed to meet with the City Administrator from Lino Lakes to draft a contract acceptable to Lino Lakes and the City of Hugo for building inspections re- quested on an on-call basis. Contract to also address plumbing and heating inspections. The agreement should be within the framework of the letter November 2, 1984, from Lino Lakes to the City of Hugo. All aye. Motion Carried. MOTION: Peltier made motion, Schwab seconded, to extend the meeting passed 11 :00 PM. All aye. Notion Carried. The City of Hugo will formulate a response to the RCWD's Water Resource Management Plan for their meeting on December 4, 1984. Councilman Schwab reported that he has met with different concerned parties relative to the renovation of the Old Town Hall for use as a youth activity center, and plans are underway. M7I'ION: Schwab made motion, Peltier seconded, that the City of Hugo pay the fdlowing bills against the Old Town Hall - electricity, snow plowing, and weed control. All aye. Notion Carried. MOTION: Hauer made motion, Atkinson seconded, to adjourn at 11 :10 PM. All aye. Motion Carried. / t---c a-.-"! C _ F w L i I Mary Appi Creager, CitygIerk Citycof Hugo