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HomeMy WebLinkAbout1976.11.15 CC Minutes i9) NTJTES OF THE PROCEEDINGS OF THE HUGO CITY COUNCIL NOVEMBER 15, 1976 The meeting was called to order by Mayor Don Lease at 7:08 P.M. PRESENT: Lease, Smith, Schletty, Leroux ABSENT: LaValle 3.0 APPROVAL OF MINUTES Lease made motion, seconded by Smith, to approve the minutes of the October 25, 1976 meeting as presented. VOTING FOR: Lease, Smith, Schletty, and Leroux MOTION CARRIED Lease made motion, seconded by Schletty, to approve the minutes of the November 1 , 1976 meeting as presented. VOTING FOR: Lease, Smith, Schletty, and Leroux MOTION CARRIED Lease made motion, seconded by Schletty, to approve the minutes of the November 4, 1976 meeting as presented. VOTING FOR: Lease, Smith, Schletty, and Leroux MOTION CARRIED 4.0 APPROVAL OF GENERAL CLAIMS Add to general claims: Statement from Howard Kuusisto for $98.00 for 148th Street Project. Motion made by Smith, seconded by Schletty, to approve the pay- ment- of the general claims with the above addition. VOTING FOR: Lease, Smith, Schletty, and Leroux MOTION CARRIED APPROVAL OF UTILITY CLAIMS Motion made by Schletty, seconded by Smith, to approve the utility claims as presented. VOTING FOR: Lease, Smith, Schletty, and Leroux MOTION CARRIED 5.0 PETITIONS. REQUESTS. COMMUNICATIONS & LICENSES 5.1 Donald Boos - Special Use Permit (Kennel ) Mr. Boos has already fulfilled the three requirements as listed on the Planning Commission recommeddation. No public hearing was needed for this request. Motion made by Lease, seconded by Smith, to approve the Special Use Permit for Donald Boos for operation on a kennel subject to the following recommendations made by the Planning Commission: 1 . That the special use permit be limited to the keeping of 8 adult dogs. 2. The kennel to be located on the east side of the house. 3. Dog runs to be properly fenced and the runways to be of either concrete or asphalt. VOTING FOR: Lease, Smith, Schletty, and Leroux MOTION CARRIED 5.2 Bill Hays - Mobile Home Petition Mr. Hays was not present, however, it was stated that a building permit is necessary before any action can be taken. Motion made by achletty, seconded by Smith, to table the Bill Hays, Mobile Homme Petition, until the next City Council meeting, December 6, 1976. VOTING FOR: Lease, Smith, Schletty, and Leroux , MOTION CARRIED NOVEMBER 15, 1976 123 5.3 Rezoning requests Greg Cardinal — Mr. Cardinal was present and staged that he still does not like Conservancy zoning because he would like to use as farm land, and the fact that he could not sell less than 20 acres and therefore, decrease the value of his land. Dan Spitzer stated that this parUcular parcel of land has u.-idergone close scrutiny, and feels the denial is in order. Motion made by Smith, seconded by Schletty, to deny the request of Greg Cardinal to rezone 40 acres described as follows: SE4 of NW , Section 8, T31 , R21 , from Conservancy to Agricultural, per recommendation of the Planning Commission. VOTING FOR: Lease, Smith, Schletty, and Leroux MOTION CARRIED William Wunderlich — Mr. Spitzer stated surface water runs into pot holes. Generally high ground. Does not get itself involved in high water shed area. Motion made by Smith, seconded by Lease, to approve the rezoning request of William Wunderlich for 114 acres described NL of the N':1 of the NE-2i of Sec. 14, T31 , R21 from Conservancy to Agricultural, per recommendation of the Planning Commission. VOTING FOR: Lease, Smith, Schletty, and Leroux MOTION CARRIED Clifford Axelson — Mr. Spitzer stated that soil maps and aerial photographs show generally low ground. Very good farm land. Tends to feed into water shed area. Mr. Schletty stated that he felt there was a number of good building sites on the property, however, Mayor Lease wanted to know w:%1, d ; e four homes would do to the water shed. Motion made by Lease, seconded by Smith, to deny the request of Clifford Axelson to rezone 40 acres (Section 28, T31 , R21 , SES of SW-0 from Conservancy to Agricultural, per recommenda— tion of the Planning Commission. VOTING FOR: Lease, Smith, Schletty, and Leroux MOTION CARRIED Francis Peltier — Mr. Spitzer stated that land figs with agriculture character of the area. Legal description should be changed to read: That part of E; of the Sal of the SEi in Section 29, T31 , R21 , 20 acres lying northerly of 130th Street Motion made by Smith, seconded by Lease, to approve the request of Francis Peltier to rezone approximately 16 acres (that part of E2 of the Si4 of the SE4- in Section 29, T31 , R21 , lying northerly of 130th Street) from RR1 to Agricultural, per recommendation of the Planning Commission. VOTING FDR: Lease, Smith, Schletty, and Leroux MOTION CARRIED Francis Peltier — Mr. Spitzer stated that the land is extremely low, and fits into Conservancy zoning. Motion made by Lease, seconded by Smith, to deny the request of Francis Peltier to rezone 19 acres (E2 of the NE's of the NE of Sec. 32, T31 , R21 , except S 165 feet of the East 264 feet) from Conservancy to Agricultural, per recommendation of the Planning Commission. VOTING FOR: Lease, Smith, Schletty, and Leroux MOTION CARRIED Harold Hamilton — Motion made by Smith, seconded by Schletty, to deny the request of HaroldHamilton to rezone 70 acres (E4 of NE*, Section 27, T27, R21 , except the North 617 feet of the East 706 Feet) from Agri— cultural to RRII, per recommendation of the Planning Commission. 1 V TING FOR: Lease, Smith, Schletty, Leroux 1PTION CARRIED Tony Schloegl - Mr. Spitzer stated that th3 westerly 40 acres: lies in the Hardwood Creek area. Motion made by Schletty, seconded by Smith, to approve the request of Tony Schloegl to rezone the easterly 40 acres (Si of NW of Section 15, T31N, R21W) from Conservancy to Agri- cultural, per recommendation of the Planning Commission. Western 40 acres to remain in Conservancy. VOTING FOR: Lease, Smith, Schletty, and Leroux MOTION CARRIED Vern Peloauin Motion made by Smith, seconded by Schletty, to approve the request of Vern Perloquin to rezone approximately 20 acres (Sof NE* of NEq, Section 17) from SFE to Agricultural, per recommendation of the Planning Commission. VOTING FOR: Lease, Smith, Schletty, and Leroux MOTION CARRIED Vern Peloauin - File No. 1976-1 ^•3--lZ (Lezone 32 acres described as that part of the two forties which lie west of the RR tracks in Section 17. from Conservancy to Agricultural) . Motion made by Lease; •.seconded by Schletty, to table the above matter on rezoning until December 20, 1976, at which time a clearer legal description will have been submitted by Mr. Bill Schwab. VOTING FOR: Lease, Smith, Schletty, and Leroux MOTION CARRIED T. J. Marier - Motion made by Lease, seconded by Smith, to approve the request of T. J. Marier to rezone 20 acres (N2 of SE+ of SE4, Section 17) from SFE to Agricultural, per recommendation from the Planning Commission. VOTING FOR: Lease, Smith, Schletty, and Leroux MOTION CARRIED T. J. Marier - Mr. Spitzer stated that because of flood plans and runoff of the land, should remain in Conservancy. Motion made by Lease, seconded by Schletty, to deny the request of T.J. Marier to rezone 80 acres (NI of NW* of Section 21 ) from Conservancy to Agricultural, per recommendation of the Planning Commission. VOTING FOR: Lease, Smith, Schletty, and Leroux MOTION CARRIED Aldine Anderson - Mr. Anderson owns approximately 7.75 acres and would like to build another home on the land. Spitzer stated that it was the feeling of a number of the Planning Commission that he should have had 10 acres. A variance could not be issued per our ordinance. Lease stated that we would be setting a precedent for the adjoining property owners. How could we justify such a rezoning? Mr. Johnson said that legally we could grant the rezoning, and deny the next one. Motion made by Smith, seconded by Schletty, to deny the recommendation of the Planning Commission to approve the request of Aldine Anderson to rezone 7.75 acres (Section 23, west side of Irish Avenue just South of 147th Street. All that part of the SE+ of the NW* of Section 23 lying West of public highway in T31 , R21W of the fourth meridian) from Agricultural to RRII. VOTING FOR: Smith & Schletty VOTING AGAINST: Lease and Leroux MOTION FAILED - due to lack of majority vote Land to remain in Agricultural zoning. NOVEMBER 15, 1976 I '" Mary Mallinger - A corrected legal description of the land to be rezonedto be gotten from Bill Schidab. Spitzer - we are talking about land in the vicinity of 40 acres. Motion made by Schletty, seconded by Smith, to approve the request of Mary Mallinger of shaded area on revised map (Section 8, bounded on the South by 165th Street, on the NORTH BY County Road 4, and the East by the Northern Burlington RR right of way and Highway 61 ) from Conservancy to Agricultural, per recommendation of the Planning Commission. Approval sub- ject to more accurate legal description from Bill Schwab. VOTING FOR: Lease, Smith, Schletty, and Leroux MOTION CARRIED Grace Development - Mr. Tschida stated rezoning request does not agree with change on zoning map. Motion made by Lease, seconded by Smith, to table the rezoning request of Grace Development until December 20, 1976, been submitted by Mr. Bill Schwab. VOTING FOR: Lease, Smith, Schletty, and Leroux MOTION CARRIED Victor Myers - Spitzer stated that only the western portion of the property be zoned Agricultural. Talking about 20 acres. Motion made by Lease, seconded by Smith, to table the Victor Myers rezoning request until December 20, 1976, at which time a more accurate legal description will have been submitted by Mr. Bill Schwab. VOTING FOR: Lease, Smith, Schletty, and Leroux MOTION CARRIED Mr. Spitzer, Planning Commission Chairman, presented a request for approval from the City Council for reevaluating the Conservancy zoning. Mayor Lease suggested that Mr. Spitzer make sure work is not going to be duplicated, and to get more information from tr.e Metro Council. Planning Commission to make sure they are in com- pliance with the Metro Council. 7.0 UNFINISHED BUSINESS 7.1 Refund SUP fee of $35.00 to John Tschida Motion made by Scletty, seconded by Smith, to refund the Special Use Permit fee of $35.00 to John Tschida. Not re- quired by city code. VOTING FOR: Lease, Smith, Schletty, and Leroux MOTION CARRIED Recessed 8:55 P.M. Reconvened 9:23 P.11. 7.2 Ward Changes Spitzer and LaValle are looking into the matter. Changes must be made before the first of the year. Matter to be held over until the next City Council meeting, December 6, 1976. 7.3 Norm Horton - Special Use Permit Attorney Johnson requested that a copy of the SUP be sent to Mr. Horton, and their attorney, Earl Gray. 8.0 NEW BUSINESS 9.0 CLERK 9.1 James Muggs - Road Bond Expires 12/31/76 Engineer Kuusisto to investigate matter and report at the next City Council meeting, December 6, 1976. 9.2 Certification of storm sewer request Motion made by Lease, seconded by Smith, to adopt Resolution 1976-60, placing the storm sewer assessment payment for 1977 on the tax rolls. 114 TING FOR: Lease, Smith, Schletty, and Leroux TION CARRIED 9.3 McCullough well permits McCullough does not pull a permit when putting in a well. It is presumed that the plumbing inspector checks on other permits other than the building permit. Lease 1 recommended that Tori Crever, Building Inspector, issue other permits at the time the building permit is acquired. MOTION MADE BY Lease, seconded by Smith, that the Building Inspector issue all plumbing, heating, septic tank, driveway, and well permits, and the entire fee to be collected at the time of building permit issuance. VOTING FOR: Lease, Smith Schletty, and Leroux MOTION CARRIED There will be a public hearing, December 9, 1976, relating to Open Space, Metro Parks. Bald Eagle Lake area not included in the program. A letter from the Metropolitan Council regarding the building of a Civic Center in the Forest Lake was read aloud by Mayor Lease. A comment from local communities was asked to be submitted. Irene Leroux will check on the effect as to senior citizens. Police Chief Robert Barth submitted the written resignation of Michael Jensen. Mayor Lease read the letter aloud. Resignation accepted, and put on file. Mr. Baith to write a personal recommenda- tion for Mr. Jensen. Chief Barth submitted a bid from Motorola for the purchase of a portable radio for police use. Radio to cost $985.15. 1 Motion made by Lease, seconded by Smith, to approve the purchase of Motorola Handie-Com Portable radio within the next month in the anount of $985.15. Not to be billed until 1977. VOTING FOR: Lease, Smith, Schletty, and Leroux MOTION CARRIED Chief Barth submitted a remodeling cost of $226.00 for the police office. Mr. Barth instructed to bring matter up at the City Council meeting of December 20, 1976. Chief Barth stated that as a result of the resignation of Michael Jensen, the police staff is now short handed. He would like to propose the organization of a reserve program. Lease suggested that Mr. Barth get together with the new City Council at the be- ginning of 1977. Lease stated that Barth should find out how the program operates and then explain the program to the new council. Lars Danielson - Vacating of easement Sarah Mardell, attorney for the land purchaser, was present to state her client's position. Would like to vacate the northern 33' of the easement. Her client would like to build a home on the hill on the corner of the easement. Until easement is removed, they don't know where to build their home. Lease stated he would like to see the whole easement vacated, but Johnson said the city cannot vacate the whole easement, because the county still holds part of it. A public hearing will have to be held, and all costs to be paid by the purchaser. Johnson stated that Ms. Mardell will have to supply a list of all property owners within 300' of the property in question. NOVEMBER 15, 1976 1 97 Motion made by Lease, seconded by Smith, to adjourn the �; meeting at 10:27 P.M. VOTING FOR: Lease, Smith, Schletty, and Leroux MOTION CARRIED ap.A0Carol A. Williams, Clerk City of Hugo