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HomeMy WebLinkAbout1984.12.17 CC Minutes 136 MINUTES OF THE PROCEEDINGS OF THE HUGO CITY COUNCIL December 17, 1984 The meeting was called to order by Mayor McAllister at 7:04 PM. PRESENT: Peltier, Schwab, Hauer, McAllister Also - Charles Johnson and Howard Kuusisto ABSENT: ATKINSON (arrived at 7:07 PM) 3.0 APPROVAL OF MINUTES MOTION: Peltier made motion, Schwab seconded, to approve the minutes of December 3, 1984, after the following corrections have been made: Page 134 - Mr. Shubat has been making application Page 135 - Motion for authorizing work on water tower should read in an amount not to exceed $700.00. All aye. Motion Carried. ATKINSON ARRIVED AT 7:07 PM. 4.0 APPROVAL OF CLAIMS MOTION: Peltier made motion, Hauer seconded, to approve the General Claims for December 17, 1984, as submitted. All aye. Motion Carried. MOTION: Peltier made motion, Hauer seconded, to approve the Utility Claims for December 17, 1984, as submitted. All aye. Motion Carried. 5.0 PETITIONS, REQUESTS, COMMUNICATIONS AND LICENSES 5.1 Awarding of bid - Lake Air Estates As low bidder of improvements for Lake Air Estates, Project 8407, Engineer Kuusisto recommended the city award the bid to them for the alternate bid in the amount of $272,137.92. The city received a letter from Richard Granger, Birchwood Builders, requesting the city include asphalt paving on all streets. He is aware that he will be responsible for payment of approximately $26,628 above the original costs. MOTION: Hauer made motion, Peltier seconded, to award Project 8407 to Orfei & Sons, as low bidder, in the alternate amount of $272,137.32. All aye. Motion Carried. MOTION: McAllister made motion, Peltier seconded, that the Clerk establish an assessment roll for Project 8407 for a 10 year period at a rate of 1% above rate of sale of the bonds. All aye. Motion Carried. 137 December 17, 1984 MOTION: McAllister made motion, Peltier seconded, to adopt RESOLUTION 1984-19, A RESOLUTION RATIFYING AND CONFIRMING CERTAIN ACTIONS RELATING TO THE IMPROVEMENTS IN THE LAKE AIRE ESTATES. All aye. Motion Carried. 5.2 Eugene Shultz - Renew of Mobile Home Permit MOTION: Peltier made motion, Schwab seconded, to renew the Mobile Home Permit for Eugene Shultz, 8340 140th Street, for a 90 day period. All aye. Motion Carried. 5.3 Revenue Sharing - Public Hearing 7:15 PM The public hearing was called to order at 7:15 PM to consider use of the proposed revenue sharing funds for 1985. The proposed allocation has been estimated at $18,556.00. There were no comments made from the audience. MOTION: Hauer made motion, Peltier seconded, to dedicate the 1985 estimated Revenue Sharing Funds as follows: 1. $5,000 for building maintenance, operations, and/or construction, and 2. $13,556 road maintenance. The public hearing was closed at 7:29 PM. 5.4 Hugo Lions Club - On sale non-intoxicating Liquor MOTION: McAllister made motion, Peltier seconded, to table this matter until the meeting of 1/7/85. All aye. Motion Carried. 5.6 White Bear Rod & Gun Club - Disc on ASUP The agenda, as prepared, was incorrect. The Council is to consider only the lifting of RESOLUTION 1984-5 which established a moratorium for further discussion on any applications from the gun club. Tom Barrett, representing the gun club, stated that the club has made application to the city for an ASUP to reconsider Item 8 of their SUP to provide for reasonable decibel limits. He requested the city hold a public hearing to consider this matter. It was his opinion that the court injunction and the SUP are two separate issues, and the City concurred. Mayor McAllister reminded interested parties in this matter that the Council is considering only the lifting of the moratorium. Attorney Johnson stated that the Council has the authority to lift the moratorium, and it was his recommendation that the city look favorably on that action (lifting of moratorium) . Mayor McAllister informed the gun club representatives that they would be responsible for costs in their application, and that some form of deposit would be required prior to the public hearing. MOTION: McAllister made motion, Atkinson seconded, that RESOLUTION 1984-5 be lifted. VOTING FOR: Atkinson, Schwab, McAllister VOTING AGAINT: Peltier, Hauer Motion Carried. December 17, 1984 138 WHITE BEAR ROD & GUN CLUB MOTION: McAllister made motion, Atkinson seconded, that a public hearing be sche- duled for February 6, 1985, at 7:00 PM, to be held by the Planning Commission, to consider application 1984-64 for an amended Special Use Permit to pro- vide reasonable decibel limits. Notice to be published in the Forest Lake Times and all parties established on notice mailing list to be informed of public hearing. VOTING FOR: Atkinson, Schwab, McAllister VOTING AGAINT: Peltier, Hauer Notion Carried. MOTION: McAllister made motion, Peltier seconded, that an additional regularly scheduled City Council meeting be held concurrently with a Special Meeting of the Hugo Planning Commission on February 6, 1985, at 7:00 PM. All aye. Motion Carried. MOTION: McAllister made motion, Peltier seconded, that the White Bear Rod & Gun Club will be required under Chapter 320-10 to deposit a fee of $1200.00 in advance of the February 6th public hearing to bear all costs relative to application for an ASUP. Any monies not expended will be refunded. All aye. Motion Carried. Meeting recessed at 8:04 PM and reconvened at 8:24 PM. 6.0 ORDINANCES AND RESOLUTIONS 6.1 Abolish Gambling, Bingo, and Rubbish Ordinances MOTION: Hauer made motion, Peltier seconded, to adopt ORDINANCE 1984-213, AN ORDINANCE ABOLISHING THE BINGO LICENSE FOR THE CITY OF HUGO, MINNESOTA, AND REPEALING CHAPTER 35 OF THE HUGO CITY CODE ENTITLED "BINGO". All aye. Motion Carried. MOTION: Schwab made motion, Peltier seconded, to adopt ORDINANCE 1984-214, AN ORDINANCE ABOLISHING THE GARBAGE, RUBBISH, AND TRASH LICENSE FOR THE CITY OF HUGO, MINNESOTA, AND REPEALING CHAPTER 120 OF THE HUGO CITY CODE ENTITLED "GARBAGE, RUBBISH AND TRASH". All aye. Motion Carried. MOTION: McAllister made motion, Peltier seconded, to adopt ORDINANCE 1984-215, AN ORDINANCE ABOLISHING THE GAMBLING LICENSE FOR THE CITY OF HUGO, MINNESTOA, AND REPEALING CHAPTER 118 OF THE HUGO CITY CODE ENTITLED "GAMBLING". All aye. Motion Carried. 5.5 John Oman - Expansion of Trailer Park It was Judge Miles Lord's recommendation that the present City Council take action on Mr. Oman's application. As of this date, the city had not received a legal opinion from the Attorney General's office as mandated by Lord's order. The city's counsel, Sarah Currie Mardell, was present. Mr. Oman, as well as his 139 December 17, 1984 legal counsel, Karla Wahl, were present, and submitted alternative proposals for fire protection to obtain the ASUP. There was a lengthy discussion regarding the 3 proposals, that are on file. There was some discussion about the possi- bility of expanding the park to the south, to avoid potential problems with the existing industrial park and the establishment of a residential area. Ms. Wahl stated that that was impossible as Mr. Oman did not own the property to the south. MOTION: McAllister made notion, Hauer seconded, to approve application 1983-41 subject to the following restrictions and agreements: 1. The applicant agrees to execute the ASUP within 60 days and comply with all the provisions herein with 180 days, unless otherwise specified, or this permit will become null and void. 2. That the developer deposit with the City, a sum to be determined by the City Engineer, to cover the entire cost of a noise study in the area of the pro- posed manufactured home park. 3. The City will select and retain, at the developer's expense, a professional acoustical consultant, to recommend noise abatement procedures, and the developer hereby agrees to comply with those recommendations and construct such noise abatement structures and barriers as may be recommended by the consultant and approved by the City Council. 4. The developer agrees to execute an acceptable hold-harmless agreement binding him, his heirs and successors, holding harmless the City of Hugo, and each and every individual, corporation, or partnership operating a business or owning property in the area known as Peloquin Industrial Park and any area in the SEi of Section 17 of the City of Hugo, from noise. 5. The developer agrees to construct, at his sole expense, a fire protection system capable of delivering a flow of water as recommended by the City Engineer. The system shall have at a minimum, three (3) fire hydrants which are equal to and compatible with the city's hydrants and fire-fighting apparatus. The plan shall be submitted to the Fire Marshall prior to con- struction, for approval. 6. The developer may at his discretion, petition the City of Hugo to connect to the city's water system. The City will require the developer to dedicate an easement to the City, and the City will have access to the system at any time. The developer may petition, in writing, the City to accept the system, and should the City accept the system, the City will provide all maintenance and repair of the system. Should the developer decide to retain ownership of the system, the owner will be responsible to maintain the system to City standards and pay for all repairs. 7. Should the developer elect and be authorized by the Council to connect to the city's watermain system vs. drilling his own well and installing his own system, the City will charge the developer a right-of-access fee to connect to the municipal water system. The system and its well, pump, and water tower were paid for entirely by assessment, and is not supported in any way by general fund tax dollars. The one time right-of-access charge shall be 25% of the estimated cost the developer would have to bear to drill his own well capable of delivering an acceptable flow of water to the required fire hydrants. The City Engineer shall submit an estimate of the cost of such a well to the City Council, and his estimate shall be final in determining the access charge. 8. The developer may at his discretion also petition the City, in writing, to connect manufactured homes to the city's water system. The developer will then pay the City the same charge as required under Chapter 314, as amended, for any single family dwelling water connection, and will comply with all the requirements under Chapter 314 of the Hugo City Code. 140 December 17, 1984 John J. Oman - cont. 9. The developer will submit plans for the installation of a sanitary sewer system to the City Engineer for approval. 10. The developer agrees to pay all current metropolitan and City charges for right of access to the sanitary sewer system for eacn new unit. 11 . The developer agrees no home will be moved on to any lot without a Building Permit as required by Chapter 40 of the Hugo City Code. . 12. The Amended Special Use Permit must be issued in the name of John Oman and Vernon Peloquin unless Mr. Peloquin submits an application and the City Council approves an application for Minor Subdivision as required by Chapter 290 of the Hugo City Code. The City of Hugo recognizes Vernon Peloquin as the declared fee owner of the property. The property has not been legally sold or subdivided in accordance with Chapter 290 of the Hugo City Code. 13. The subdivision must be completed and all requirements met for this Amended Special Use Permit to be valid. No building or construction permits will be issued until the subdivision is approved. 14. The subdivider shall pay parkland dedication fees as may be required by Chapter 290 of the Hugo City Code. 15. The developer agrees to provide the City with copies of Health Deparment licenses, and approval for the new manufactured home area. 16. The developer agrees there will be no on-street parking on the north side of the street currently separating the existing manufactured home park from the proposed new area. The area will be posted "NO PARKKING". 17. The Minor Subdivision plat plan will be submitted to the.State of Minnesota for comment and review as required in Chapter 290, Subd. B2. 18. No Building Permits will be issued for Lots #1 through and including Lot #17 until the provisions of Condition #3 have been met. 19. The developer will pay all charges not directly associated with current liti- gation, specifically, the cost of two (2) Special Council meetings, and all cost of the city's efforts to obtain an opinion from the Minnesota Attorney General's office. The developer will henceforth comply with Chapter 320-10. 20. All manufactured homes 3H411 meet all setback requirements from the rear yard property line and side yard setback at the east and west property lines. The plan, as submitted to the City, does not show distances of home from pro- perty borders. 21 . The developer will comply with the provisions of the Rice Creek Watershed District permit. 22. Lot #28 shall be a minimum of 24' width home. 23. The developer will deposit with the City, cash or an irrevocable letter of credit, in the amount of $60,000.00, to guarantee all the conditions and pro- visions of this permit will be met. 24. The developer agrees to provide a copy of the hold-harmless agreement to each and every proposed renter. The developer will forward a copy signed by the renter of an acceptable disclosure notice to the City Clerk. The City will issue no Building Permits until the disclosure notice is received. 25. The developer will post a sign, meeting City Council approval, advising renters the area of 'the manufactured park is subject to noise from the industrial park area and that the management has executed a hold-harmless agreement with the City of Hugo and included each and every business in the industrial park. VOTING FOR: Atkinson, Schwab, Hauer, McAllister VOTING AGAINST: Peltier Motion Carried. For the record, Mr. Oman and his counsel were informed that they have a right to apply for an amendment to the ASUP. • • 141 December 17, 1984 DONATION Mr. Timm, president of the Bald Eagle Sportsman Assn. , was present to submit a donation to the Hugo Fire and Rescue Squard in the amount of $500.00. He stated that they called for a rescue at their property in Hugo, and that the HFD responded in about 4 minutes. MOTION: McAllister made motion, Peltier seconded, that the city accept the do- nation on behalf of the Hugo Fire & Rescue, and expressed our apprecia- tion to the BESA for their generosity. All aye. Motion Carried. 7.0 UNFINISHED BUSINESS 7.1 Surety Loss - Armon Septic System Attorney has not heard anything as of this date. Will report at a later date. 7.2 Northwestern Bell - Job Order 47180 MOTION: McAllister made motion, Peltier seconded, to approve Job Order 47180 for Northwestern Bell. All aye. Motion Carried. 9.0 ATTORNEY AND ENGINEER Mr. Johnson submitted his monthly report. Mr. Kuusisto stated that he has been in contact with Wil Harris, Tex'N Club, regarding continuing inspections of their on-site septic system, which was a condition of Harris's SUP. 10.0 CLERK MOTION: McAllister made motion, Peltier seconded, that the Mayor and City Clerk be authorized to sign all liquor and miscellaneous licenses to a date concurring with the Dram Shop Insurance Policy for 1985. VOTING FOR: Atkinson, Schwab, Hauer, McAllister f6,�, Motion Carried. • ELSIE JASINSKI - LAND DIVISION MOTIOPN: McAllister made motion, Peltier seconded, to approve the Land Division for Elsie Jasinski to divide 10A (Tract H) as indicated on the sub- mitted Certificate of Survey, and subject to the following: 1 . Title company should be notified that the application must be signed by the fee owner. 2. Parkland dedication, in the amount of $100.00, to be paid. 3. City Clerk to notify the title company and fee owner of the requirements for land division. All aye. Motion Carried. MOTION: Atkinson made motion, Peltier seconded, to adjourn at 10:15 PM. Al_ aye. Mgtion C ied. Mary A`g Creager, City erk