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HomeMy WebLinkAbout1977.11.21 CC Minutes NOVEMBER 21, 1977 MINUTES OF THE PROCEEDINGS OF THE HUGO CITY COUNCIL 117 The meeting was called to order at 7:07 PM by Daniel Spitzer, acting Mayor. PRESENT: Spitzer, Schletty, Irsfeld, and Vail. LaValle arrived at 7:09 PM. MOTION: Irsfeld made motion, seconded by Schletty, to approve the minutes of November 7, 7977, with the following changes: Page 2 (5.4) — build a sign on railroad property Page 3 (5.3) - city has public access Page 4 (parks) — the city anticipates a delay The appeal is set for November 1a, 1.977 VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld, and Vail MOTION CARRIED MOTION: Spitzer made motion, seconded by Irsfeld, to approve the general claims of November 21, 1977 as presented. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld, and Vail MOTION CARRIED NOTION: Spitzer made motion, seconded by Irsfeld, to approve the utility claims of November 21, 1977, as presented. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld, and Vail MOTION CARRIED MOTION: Spitzer made motion, seconded by LaValle, that the check posted by McMillan Dodge for sguat7 car bids be released. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld, and Vail MOTION CARRIED 5.0 PETITIONS. REQUESTS. COMMUNICATIONS & LICENSES, 5.1 Gerald Beach — Diseased tree report — Mr. Beach did not appear. 5.2 Dale Palmer — Nuisance violation The Police Department inspected the home site of Mr. Palmer to see if a pole barn was constructed. There is a new building there, and they did not observe an excess of unlicensed vehicles on the property (over 2). MOTION: Spitzer made motion, seconded by Schletty, to vacate the nuisance complaint in regard to Dale Palmer. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld, and Vail MOTION CARRIED 5.3 Joe Gregoire — Mobile Home Permit Renewal MOTION: Schletty made motion, seconded by LaValle, to grant the renewal of the Mobile Home Permit for Joseph Gregoire, under Chapter 40, Article III, Subdivision D, for ninety days. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld, and Vail 118 MOTION CARRIED 5.4 Donald Wright — Special Use Permit Tom Craver stated that Mr. Wright constructed a garage on his property without a permit, and that he was aware that he did need one. Per the Planning Commission, Mr. Wright was to provide the city with an irrevocable letter of credit in the amount of $5000.00, which he has failed to do. MOTION: LaValle made motion, seconded by Spitzer, to table the request until the meeting of December 5, 1977. Clerk to write letter to Mr. Wright telling him to appear at that meeting. He is to have ready his letter of credit. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld, and Vail. MOTION CARRIED 5.6 White Bear Rod & Gun Club — Filling of Rice Lake LaValle received the application from the Department of Natural Resources some time in October. Originally, the city had 15 days to act on the application, but was given an extension of 45 days. The gun club would like to fill some wetland with sand to recover lead. MOTION: Spitzer made motion, seconded by LaValle, to give application to city engineer and Planning Commission for their review. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld, and Vail MOTION CARRIED 5.4 Off Sale Liquor Licenses MOTION: Spitzer made motion, seconded by Irsfeld, that the off—sale liquor license for Howard Meline, Melody Lounge, be approved, 13891 Forest Blvd. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld, and Vail. MOTION CARRIED MOTION: Spitzer made motion, seconded by Irsfeld, that the off—sale liquor license for Stan Lynn, Withrow Junction, be approved, 12020 Keystone Ave. No. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld, and Vail. MOTION CARRIED MOTION: Irsfeld made motion, seconded by Vail, that the off—sale liquor license for William & Thomas Hopkins, Hoppy's Saloon, be approved, 14777 Forest Blvd. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld, and Vail MOTION CARRIED MOTION: Spitzer made motion, seconded by Irsfeld, that the off—sale liquor license for Eugene Peltier, Blacksmith Lounge, be approved, 17205 Forest Blvd. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld, and Vail. MOTION CARRIED NOVEMBER 21, 1977 1 1 9 MOTION: Spitzer made motion, seconded by Schletty, to direct the City Clerk to send a letter of Swann Anderson, Carpenter's, notifying him that no action has been taken on his off-sale liquor license application, and there will be none until the city receives payment of bills that are in arrears. The license will expire on December 31, 1977. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld, and Vail MOTION CARRIED 5.7 Richard & Nancy Schroeder - Building Permit The Schroeders' are contemplating purchasing 10 acres from Eileen Bayless, on Fenway and 170th. Mrs. Bayless represented the Schroeders stating that the perc test taken was with- in the guidelines of the city (60 minutes per inch). Mr. Crever suggested that they try to find another spot for a building site, and have a perc test done by a qualified engineer. The building permit has not been denied. LaValle felt Mr. Crever was acting in the interest of the city and the potential property owner in this matter. 5.8 Don Ramberg - Farm Site Plan Mr. Ramberg is purchasing the house and 30 acres from Mr. LaCasse on 170th Street, and would like to construct a pole barn. Mr. Ramberg presented a site plan for the barn. MOTION: Spitzer made motion, seconded by Schletty, to approve the Farm Site Plan as presented. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld, and Vail MOTION CARR) 5..9 Grace Jackson - Waterline extension on 8A to Foxhill Mr. Ken Tschida, Grace Development, was present stating that he would like permission from the city to put a waterline in the city right-of-way. It would be constructed according to the city's specifications, and would be owned completely by the city. The project would be done at the expense of Grace Development. Tschida offered two possible options to the city: 1 - exte& water main 800' or 2 - extend 400' of the watermain with a temporary well. The first option was preferred. Mr. Tschida was told that he would have to provide the city with a bond ( 125% of the estimated cost) to assure that the watermain was installed properly. Mr. Tschida is negotiating with the adjoining property owners to try and reach some settlement as far as costs. LaValle stated that the city will have to enter into an agreement with Grace Development, and Mr. Johnson concurred. MOTION: Spitzer made motion, seconded by Schletty, that the City Attorney draft a contract for the watermain extension along 8A for Grace Development at their expense. The City Engineer is to bring the specifications up-to-date so that Grace Development can begin construction. The estimate. The necessary permits to be obtained by Grace Development from the county and that the mayor is author- ized to sign this contract in advance of a subsequent City Council meeting. If Grace Development cannot obtain permission of private 120 5.9 Grace Jackson — Waterlin extension on 8A to Foxhill cont. parties, the mayor is authorized to obtain permits from the county at Grace Development's expense. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld, and Vail. MOTION CARRIED 5.10 Norman Horton — Junkyard License Mr. Horton stated taht he has a Special Use Permit for his entire piece of property. He has one license already for Hugo Auto Parts, and is now requesting a second license to operate a truck parts business. He will be constructing a building on the premises, but is not sure at this time of the specifications. MOTION: Spitzer made motion, seconded by Schletty, that the city grant Mr. Norman Horton a permit for a second license on property covered by an existing Special Use Permit. There is to be no construction until all plans and specifications have been approved by the city. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld, and Vail. NOTION CARRIED 5.11 Country Squire — Rezoning Country Squire is requesting the rezoning of three parcels from Agriculture to Retail Business. The Planning Commission recommended approval. Mr. VanKleek was present and stated that they will be coming in at a later time for subdivision approval. LaValle stated that there would be a sewer problem there, and sewer is not scheduled for that area until 1986 — 2000. Mr. Johnson reviewed the legal descriptions, and felt they would have to be drawn out to determine if they were accurate. The question of proof of ownership was brought up. Mr. Van Kleek was unaware they were necessary. MOTION: Schletty made motion, seconded by LaValle, to table the rezoning request until December 5, 1977. Applicant to provide proof of ownership. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld, and Vail. I•IOTION CARRIED 6.0 ORDINANCES AND RESOLUTIONS 6.1 Act on approval of preliminary resolution for screening (Noack and Horton) MOTION: LaValle made motion, seconded by Spitzer, to adopt Resolution 1977- 20, A RESOLUTION APPROVING PRELIMINARY PLANS R)R THE IMPRO mI NT (JUNKYARD S G) OF TRUNK HIGHWAY NUMWR 61 WITHIN THE LIMITS OF THE CITY OF HUGO. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld, and Vail MOTION CARRIED NOVET4;RFR 21, 1977 121 MOTION: LaValle made motion, seconded by Irsfeld, to adopt Resolution 1977-21, A RESOLUTION FOR APPROVAL or THE FINAL PLAN AS SUBMITTED BY THE DEPARTMENT OF TRANSPORTATION FOR S 'D+ ING IN THE CITY OF HUGO. MOTION: Spitzer made motion, seconded by Schletty, to amend the motion to incorporate the following: 1. That the variance to Chapter 98, Hugo City Code, be incorporated in the resolution permitting the height of fence to be set at 8' and facing requirements be varied to permit the alternating facing of fence as proposed. 2. That the plan be modified to make all signs conform to Chapter 266, Hugo City Code. VOTING FOR: Spitzer and Schletty VOTING AGAINST: LaValle, Irsfeld, and Vail MOTION FAILED MOTION: Spitzer made motion, seconded by Schletty, to grant a variance to th- Department of Transportation from Chapter 98, Hugo City Code to permit screening fence along Horton & N ack Junkyards to be 8' in height, and to permit the change in the facing to allow alternat- ing construction as proposed by the Department of Transportation. Further, the variance to Chapter 266, Hugo City Code, to permit the signs as proposed by the Department of Transportation. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld, and Vail MOTION CARRIED Let the record show that the city will waive the fees if no one objects. MOTION: LaValle made motion, seconded by Spitzer, to adopt Resolution 1977- 21, A RESOLUTION FOR APPROVAL OF THE FINAL PLAN AS SUBMITTED BY THE DEPARTMENT OF TRANSPOTATION FOR SCREENING IN THE CITY OF HUGO. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld, and Vail. MOTION CARRIED RECESSED 9:04 PM RECONVENED 9:20 PM MOTION: Spitzer made motion, seconded by Schletty, to pay LaValle Excavating the 38,854.96 for the watermain improvement at 148th Street loop closure. 5% retention fee of 3466.00 being kept by city. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld, and Vail. MOTION CARRIED 122 6.2 Review of multiple family dwelling ordinance The ordinance was given to Tom Crever for comments. He had no problems with the ordinance as proposed, and felt that 301 would not make much difference to keep the noise down at a swimming pool. He felt they should be handled on an individual basis, because of different sized parcels. The ordinance is: now ready for final drafting by Mr. Johnson. 7.0 UNFINISHED BUSINESS 7.1 Richard Busse — Continuation of Ingersoll Avenue Mr. Busse owns property on Ingersoll and has a prospective buyer. He would like to know if the city is interested in purchasing property from him so they might continue Ingersoll Avenue. The Council reviewed drawings submitted by Mr. Kuusisto. It was suggested that if Mr. Busse can prove there are two additional building sites (perc test) he could apply for a minor subdivision, and the city would consider negotiating with him. 8.0 NEW BUSINESS • 8.1 Negotiation Committee Mr. Johnson stated that the bargaining unit has served notice to meet and negotiate. They sent out a memp on a type of agreement with the county. This is not necessarily what they want adopted, but to be used as a guideline. The city also has to determine who is going to be the negotiator. LaValle suggested that they deal with all five Council members, and tell them to get on the agenda. Spitzer felt this was impractical, and nothing would be accomplished. Mr. Johnson said they are asking for a meeting to discuss the issues thought to be involved. MOTION: LaValle made motion, seconded by Irsfeld, to set a Special Meeting of the Hugo City Council for November 30, 1977, at 7:30 PM, to open negotiations between the City of Hugo and Minnesota Teamsters Public & Law Enforcement Employees Union Local f320. The City Council comprises the negotiationg committee at this time. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld, and Vail MOTION CARRIED 9.0 CLERK — No discussion There will be a special meeting at Hugo City Hall on November 30, 1977, 5:00 PM, with Lino Lakes officials, Ramsey County Open Space, and Metro Council Regional Park, Hugo City Council regarding proposed park and bicycle trail on Bald Eagle Lake. 10.0 MISCELLANEOUS yl Mr. Larry Nielson, attorney for Richard & Larry Schmidt, was present inquiring if the Schmidts would have any problem amending their liquor licesns application from individual names to name of incorporation. There was no foreseen problem with the request. He also NO3 'SER 21, 1977 j `,)3 10.0 MISCELLANEOUS cont. stated that someone from the State Health Department was to be out to inspect the septic system at Nashville North. It was mentioned that a Special Use Permit is needed by the Schmidts for a bar and restaurant, because the use was abondoned for over a year. Mr. Nielson was instructed to provide the city with a septic system proposal, proof of acceptable condition of the building, and proof of ownership. Mr. Johnson informed the Council that a trial date had been set in regard to the Shafer Contracting matter (December 13, 1977). The systems statement appeal procedure has been indefinitely postponed. There is still a problem with reserve capacity designation and Open Space. MOTION: Spitzer made motion, seconded by Irsfeld, that the assessment hear— ing for Watermain Improvement (148th Street) be set for January 16, 1978 at 7:30 PM. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld, and Vail. MOTION CARRIED MOTION: Spitzer made motion, seconded by Irsfeld, to adjourn at 10:45 PM. All aye. Motion carried. CJ Q _c. Carol A. Williams, Clerk City of Hugo