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HomeMy WebLinkAbout1983.04.18 CC Minutes 32 MINUTES OF THE PROCEEDINGS OF THE HUGO CITY COUNCIL April 18, 1983 The meeting was called to order by Mayor McAllister at 7:00 PM. PRESENT: McAllister, Peltier, Schwab, Vail Also, Engineer Kuusista and Attorney Johnson ABSENT: Atkinson 3.0 APPROVAL OF MINUTES MOTION: Peltier made motion, Vail seconded, to approve the minutes of the Special Meeting of April 4, 1983, after the following correction is made: PRESENT: McAllister, Peltier, Atkison, Schwab All aye. Motion Carried. MOTION: Vail made motion, Peltier seconded, to approve the minutes of the regular meeting of April 4, 1983, after the following correction is made: PRESENT: McAllister, Peltier, Atkinson, Schwab, Vail All aye. Motion Carried. 4.0 APPROVAL OF CLAIMS MOTION: Vail made motion, Schwab seconded, to approve the General Claims for April 18, 1983, as submitted. All aye. Motion Carried. MOTION: Peltier made motion, Schwab seconded, to approve the Utility Claims for April 18, 1983, as submitted. All aye. Motion Carried. 5.0 PETITIONS, REQUESTS, COMMUNICATIONS AND LICENSES 5.2. Shay Shackle - Sewer Extension Mr. Kuusisto met with Mr. Shackle at his office to discuss the possibility of the extension of sanitary sewer to Shackle's property. His land is approximately 350' east of the nearest manhole on the existing sewer system. An extension would be needed rather than a long service pipe. It is the city's policy that the developer bear the costs for a sewer extension. MOTION: McAllister made motion, Peltier seconded, to forward a copy of the City Engineer's report to Mr. Shackle and ask them to inform the City Council as to their plans. Mr. Shackle should be notified that it is city policy that 100% of assessment costs are borne by the developer. All aye. Motion Carried. 33 April 18, 1983 5.5 Dan Muellner - Site Plan Approval Mr. Muellner, 17781 Inwood Avenue, is proposing the construction of a 24 x 40 pole building for his personal use. The site plan met all the requirements of the ordi- name. MOTION: Peltier made motion, Vail seconded, to approve the Site Plan for Dan Muellner, 17781 Inwood, for the construction of a 24 x 40 pole building for his personal use and according to the submitted site.plan. All aye. Motion Carried. 5.7 David Schumann - Renew of Mobile Home Permit MOTION: Peltier made motion, Schwab seconded, to renew the Mobile Home Permit for David Schumann, 7630 137th Street North, under Chapter 40, Article III, Subdivision B, for a period of ninety days. All aye. Motion Carried. 5.8 Randall Irving - Renew of Mobile Home Permit MOTION: Peltier made motion, Vail seconded, to renew the Mobile Home Permit for Randall Irving, 12870 Henna Avenue, under Chapter 40, Article III, Subdi- vision B, for a period of ninety days, and an extension until October, 1983. All aye. Motion Carried. 5.9 Windsor-Gro - Renew of Mobile Hane Permit MOTION: McAllister made motion, Peltier seconded, to renew the Mobile Home Permit for Windsor-Gro, 17385 Forest Boulevard, under Chapter 40, Article III, Subdivision D, for a period of ninety days, and subject to receipt by the city of an extended bond prior to May 2, 1983. All aye. Motion Carried. 5.10 Leonard Noack - Renew of Auto Dismantling License MOTION: Schwab made motion, Peltier seconded, to renew the auto dismantling license for a period of one year. All aye. Motion Carried. 5.11 Jerry Vandelac - Minor Subdivision Mr. Vandelac, 16325 Forest Boulevard, would like to divide 10 acres into two parcels, one 9 acres and a one acre. The property lies in the SFE district. A sketch plan was submitted, but no Certificate of Survey. McAllister stated that he does not want the 9 acre parcel divided any further, but had no problem with the two parcels. The larger parcel does not meet the required 130' width (road frontage) , consisting of 115 feet. MOTION: McAllister made motion, Peltier seconded, to approve the Minor Subdivision for Jerry Vandelac to divide 10 acres into two parcels ( 9 and 1) sub- ject to the following conditions: April 18, 1983 34 1 . Review of the Certificate of Survey by the City Attorney. 2. There will be no further division of the balance of the 9 acre parcel. 3. The applicant is to obtain a valid Driveway Permit from the State of Minnesota. 4. The applicant is to obtain a valid perc test. 5. All the conditions herein noted to be recorded at the Washington County Recorder's Office. 6. A11 conditions must be met by August 30, 1983, or this approval will be null and void. All aye. Motion Carried. MOTION: McAllister made motion, Schwab seconded, to approve the Variance application for Mr. Jerry Vandelac to create a lot 115' wide rather than the required 130' , and subject to Mr. Vandelac meeting all the conditions of the pre- vious motion. All aye. Motion Carried. 5.3 Vern Peloquin - Variance The Council was to make an on-site inspection of the proposed Freeland Avenue to de- termine the status of the drainage. Kuusisto stated that originally the drainage was to flow south then westerly to the ditch. The water will not run now because the east/west ditch is plugged. The attorney and engineer reviewed the files for KSTP located in the industrial park to determine if there was a drainage easement. Mr. Johnson stated that a 10' easement is indicated on the survey but the deed refers to only the roadway. Supposedly, the plans submitted to Rice Creek indicate a drainage easement, but our files did not contain those plans. MOTION: McAllister made motion, Vail seconded, that the application be tabled and the City Attorney be requested to research and report to the Council as to whether there is a drainage easement from 152nd Street south bound to the east/west drainange ditch in the Peloquin Industrial Park. All aye. Motion Carried. WASHINGTON COUNTY MAINTENANCE AGREEMENT MOTION: Vail made motion, Schwab seconded, that the Mayor be authorized to sign the 1983 Washington County Maintenance Agreement. All aye. Motion Carried. 6.0 ORDINANCES AND RESOLUTIONS - No discussion CLERK The clerk received two calls regarding the vacancy on the Planning Commission - Ray Olson and Bob Christopherson. It was the concensus of the Council that a person from the "downtown" area be selected as the other members are all frau the rural Hugo. MOTION: McAllister made motion, Schwab seconded, that all city employees will have Federal, Social Security, and State taxes withheld from their payroll checks according to claimed exemptions. All aye. Motion Carried. 35 April 18, 1983 It was the concensus of the Council that the installation of a drop box at City Hall is a matter to be considered and implemented. Mayor McAllister will follow-up. 5.1 Roy Shoquist - Land Division Engineer Kuusisto made an on-site inspection of the land that has been divided to determine drainage and its affects on the property abutting in May Township. A copy of that report is on file at City Hall. Access to the parcels would be made via 169th Street located in May Township. The road would have to be constructed to the specifications of May Township. The cul-de-sac would be private and used by May Township as a turn-around for their maintenance equipment. Mr. Kuusisto determined that May Township drains into Hugo and westerly of parcels that have been divided. Mrs. Guion, May Township resident, diagreed stating that she had been given different information from Ray Gavelek, Carnelian/Marine Watershed District. Mr. Kuusisto felt that some type of plan indicating where the driveways are going and where the culverts would be placed should be submitted, along with a copy of a Maintenance Agreement from May Township for the extension of 169th Street. MOTION: McAllister made motion, Vail seconded, requesting Engineer to contact the Carnelian/Marine Watershed District and: 1. Request they review his report of April 18, 1983. 2. Advise the City of Hugo as to whether or not any permits will be required on this land division. 3. Any comments they wish to make should be submitted prior to the meeting of May 16, 1983. All aye. Motion Carried. 5.6 Darrell Tavernier - Liquor Licenses Attorney Johnson reviewed the statute relating to requirements for dram shop in- surance. There are exceptions in the statute which are discretionary. He recommended the Council look at exceptions very carefully to make sure the city is adequately safeguarded for sufficient documentation proving sales of less than $10,000.00. He was not positive as to what the Liquor Control Commission would accept for veri- fication. Attorney Johnson, and Councilmen Schwab and Vail are to come up with a recommendation as to how to handle dram shop insurance by the end of August. MOTION: McAllister made motion, Peltier seconded, to approve the following licenses for Darrell Tavernier, LAKEVIEW INN, 4444 129th Street North: OFF SALE NON-IN'T'OXICATING LIQUOR, ON SALE NON-INTOXICATING LIQUOR, AND CIGARETTE. All aye. Motion Carried. • 5.12 Schmidty's - Site Plan and Special Use Permit Wil Harris, fee owner, and Jim Flannery, his attorney, were present to discuss the submitted site plan for the reconstruction of the building last known as Schmidty's. The Council reviewed the plan relating to fencing, lighting, parking, and septic system. The building will be 12,000 square feet with a capacity of 570. A copy of a perc test that was provided for the Planning Commission was not available for the Council. Kuusisto asked that he be provided with all history available on the existing septic. system so that he can make some kind of recommendation. MOTION: McAllister made motion, Schwab seconded, to approve the Special Use Permit and Site Plan for Wilbur H. Harris subject to the following conditions being met: 36 April 18, 1983 1 . Applicant to provide the City Engineer with a satisfactory set of speci- fications for a septic system that will function at peak declared capacity for the building. No building permits will be issued until the engineer has approved the plans. 2. Obtaining of a valid permit from the State of Minnesota for access and egress to the establishment. 3. Submission of a satisfactory letter of credit, in the amount of $20,000.00, to remain in effect to guarantee the proper operation of the septic system. The letter of credit will remain in force for two (2) years from the date of the issuance of the Certificate of Occupancy. 4. Submission of a satisfactory letter of credit, in the amount of $3,000.00, to guarantee the construction of a barrier between Highway 61 and on/or inside the Harris property line to the satisfaction of the City Engineer The letter of credit will also guarantee that post and steel cable barrier will be erected between the Blacksmith Lounge property line and the Harris property a distance to be determined by the City Engineer, not to exceed 350'. The City Council reserves the right to require a satisfactory barrier along the entire north property line at any time if it considers:traffic exiting north bound to be a problem. 5. Whenever there is a band, or if the license holder shall operate a disco type operation, there shall be a uniformed peace officer holding a valid, full-time, Minnesota Peace Officer License, on the premises. Although not part of the motion, let the record show that the property owner is to obtain the necessary permits from the Rice Creek Watershed District. All aye. Notion Carried. 7.0 UNFINISHED BUSINESS 7.1 NSP Matter A copy of the settlement agreement has been sent to Mr. Smith at NSP. 7.2 Armon Septic System - Bond The bonding company has made a preliminary offer of $1 ,000.00 to satisfy the bond requirements. Attorney Johnson thought that it might be time to call in the pro- perty owner, Doug Kruse, to discuss the matter further. MOTION: McAllister made motion, Vail seconded, to set a special meeting for May 2, 1983, 6:00 PM, for an informal discussion with Mr. Doug Kruse regarding the Amnon septic system and other city business. Attorney Johnson and Engineer Kuusisto are to be present for the special meeting. All aye. Notion Carried. MOTION: McAllister made motbn, Peltier seconded, to extend the meeting passed 11 :00 PM. All aye. Notion Carried. 9.0 ATTORNEY AND ENGINEER Johnson and Kuusisto submitted their monthly reports. Mr. Johnson stated that the second letter of credit submitted for the Weigel site plan is acceptable. 37 April 18, 1983 MOTION: McAllister made motion, Vail seconded, that the City Engineer select lighting for the Shamrock Glen subdivision. The engineer is also to indicate that the city will pay the monthly street light bill after installation. All aye. Motion Carried. MOTION: McAllister made motion, Schwab seconded, that the city send a letter to the Chairman of the Washington County Board commending the Washington County Maintenance snow removal crew for a fine job during the snow removal season. All aye. Motion Carried. MOTION: Vail made motion, Peltier seconded, to adjourn at 11 :24 PM. All aye. Motion Carried. At? Mary Creager,Clerk City f Hugo