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HomeMy WebLinkAbout1977.12.19 CC Minutes 1 3 4CEMUER 19, 1977 MINUTES OF THE PROC1RDINGS OF THE HUGO CITY COUNCIL The meeting was called to order by Mayor LaValle at 7:03 PM. PRESENT: LaValle, Spitzer, Schletty, Irsfeld, and Vail. 3.0 APPROVAL OF MINUTES MOTION: Spitzer made motion, seconded by LaValle, to approve the minutes of December 5, 1977, after the following changes are made: Page 2 5.3) — provide the property owmer names Page 4 Planning) — add to motion — and mileage for. one Page 6 Shafer) — Let the record show that the city understands it will be dismissed. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld, and Vail. MOTION CARRIED MOTION: Spitzer made motion, seconded by Vail, to approve the minutes of December 14, 1977 as presented. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld, and Vail. MOTION CARRIED 4.0 APPROVAL OF CLAIMS MOTION: Schletty made motion, seconded by Spitzer, to approve the general claims of December 19, 1977, after the following addition is made: McMillan Dodge — ?206.80 VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld, and Vail. MOTION CARRIED MOTION: Spitzer made motion, seconded by Irsfeld, to approve the utility claims of December 19, 1977 as presented. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld, and Vail. MOTION CARRIED 5.0 PETITIONS. REQUESTS. COMMUNICATIONS & LICENSES MOTION: Spitzer made motion, seconded by Schletty, that the following licenses be issued to Thomas C. Hopkins, HOPPY'S SALOON: On Sale Intoxicating, On Sale Sunday Liquor, Cigarette, Soft Drink, and Billiard in the amount of $1,722.00. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld, and Vail. MOTION CARRIED MOTION: Spitzer made motion, seconded by Vail, that the following licenses be issued to Stanley Lynn, STAN'S BAR AND GRILL: On Sale intoxica— ting Liquor, On Sale Sunday Liquor, Cigarette, and Soft Drink in the amount of $1,717.00. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld, and Vail. MOTION CARRIED DECEMBER 19, 1977 13 5 NOTION: Spitzer made motion, seconded by Irsfeld, that the following license be issued to Swan Anderson, SWANNY'S OF HUGO; Off Sale Non— Intoxicating Liquor, On Sale Intoxicating Liquor, On Sale Sunday Liquor, Cigarette, Soft Drink, and Billiard in the amount of 0,737. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld, and Vail. MOTION CARRIED NOTION: Spitzer made motion, seconded by Vail, that the following licenses be issued to Howard Meline, MELODY LOUNGE: On Sale Intoxicating Liquor, On Sale Sunday Liquor, Cigarette, and Soft Drink in the amount of $1,717.00. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld, and Vail. MOTION CARRIED MOTION: Schletty made motion, seconded by Irsfeld, that the following licenses be issued to Eugene Peltier, BLACKSMITH LOUNGE: On Sale Intoxicating Liquor, On Sale Sunday Liquor, Cigarette, and Soft Drink in the amount of $1,717.00. 717.00. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld, and Vail. MOTION CARRTT) MOTION: Spitzer made motion, seconded by Irsfeld, that the following licenses be issued to GRANGER'S BODY SHOP & DX: Cigarette and Soft Drink in the amount of $17.00. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld, and Vail. MOTION CARRIED MOTION: Vail made motion, seconded by Spitzer, that the following licenses be issued to NADEAU'S: Off Sale Non—Intoxicating Liquor, Cigarette, and Soft Drink in the amount of 132.00. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld, and Vail. MOTION CARRIED MOTION: Spitzer made motion, seconded by Schletty, that the following license be issued to INTERSTATE LUMBER: Soft Drink in the amount of $5.00. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld, and Vail. NOTION CARRIED NOTION: Spitzer made motion, seconded by Vail, that the following licenses be issued to Paul Salmon, PAUL'S PIZZA: Cigarette and Soft Drink in the amount of $17.00. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld, and Vail. MOTION CARRIED: 1 361 Hugo A & W — Special Use Permit The A & W has a bond to cover any drainage problems on the property. Kuusisto stated that their dry well has been operating satisfactorily. They would have a problem connecting to the storm sewer because of some difficulty in obtaining easements from private property owners. MOTION: Spitzer made motion, seconded by Vail, that the A & W bond be released. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld, and Vail, MOTION CARRIED 5.2 Safeway House Movers — Special Use Permit Mr. Donald Sempel is in the process of buying property on 165th and Forest Boulevard. They will be staring houses and garages, and constructing a shop. The Planning Commission held a public hearing, and recommended approval of the request. The Commission recommended that the Sempel's provide the city with a $1,000 irrevocable letter of credit to insure proper screening on 165th Street. The trees were to be planted 10 ft on center and 10 ft high. Kuusisto stated that the trees would cost about 3120 a tree if someone else planted them. A 3 foot balled tree would cost about 325. each. MOTION: Spitzer made motion, seconded by LaValle, approving the request for a Special Use Permit by Mr. Donald Sempel to store houses and garages, and construct a shop, subject to the following conditions: 1. Evergreens, minimum of 3 feet in height, be planted 10 feet on center spacing along the length of 165th Street. 2. Seedlings, same spacing, be planted on west side of rail— road tracks the length of the property. 3. The buildings be parked on the property as described in accompany ing drawing. If the buildings are not placed on the square as per the diagram, the Special Use Permit will be declared null and void after a period of 30 days. Notice of such to be given to property owmer. 4. That said trees be planted no later than June 30, 1978. 5. That all dead trees be replaced within a period of one year. 6. A 32,000.00 irrevocable letter of credit be provided to insure the planting of the trees for a term of 18 months. 7. Proper fire lanes on property be maintained and filed annually with Hugo's Fire Chief. 8. Zoning Ordinance be followed as per regulation to residency. 9. The issuance of Special Use Permit is contingent on the sale of the property, and copy of deed to the clerk's office. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld, and Vail. MOTION CARRIED 4-1 DECEMBER 19, 1977 1 c) 7 5.3 Bald Eagle Sportsman Association - Special Use Permit LaValle stated that the association is requesting to continue operating as gun club and recreational facility. The club is an open use of land, and had to conform to Hugo's ordinance within 3 years of January 9, 1975. Facilities were added in the summer of 1977 without any permits. Their application was denied by the Planning Commission until those facilities are removed. Mr. William Peters, Bald Eagle's attorney, stated that the Planning Copmission motion indicated that the skeet houses be removed because they constituted an intensification of the use. It was his deter- mination that the addition of the skeet houses detensified the use, because it takes twice as long to shoot a round of skeet than trap. There is also less lead fall and noise pollution. Mr. Peters used the blackboard to demonstrate how trap and skeet functions. LaValle felt that the intensification aspect should not even be considered. The Special Use Permit should be considered as a new application - total facility as they plan to run it. MOTION: Schletty made motion, seconded by Irsfeld, to send the request for a Special Use Permit by the Bald Eagle Sportsman Association back to the Planning Commission. VOTING FOR: Schletty VOTING AGAINST: LaValle, Spitzer, Irsfeld, and Vail. MOTION FAILED MOTION: Spitzer made motion, seconded by Vail, that the matter of the Bald Eagle Sportsman Association request for a Special Use Permit be remanded to the Planning Commission and that they consider this matter as a new Special Use Permit in all its particulars, and specifically that the alleged intensification has no bearing except as they consider future restrictions. Attorney Johnson stated that it is not a lawful non-conforming use if it was intensified. VOTING FOR: LaValle, Spitzer, Irsfeld, and Vail VOTING AGAINST: Schletty MOTION CARRIED 5.4 White Bear Rod & Gun Club - Filling of Rice Lake LaValle stated that engineer Kuusisto was requested to review the application of the gun club as submitted to DNR and make a recommendation. Mr. Kuusisto was unable to make a report due to lack of technical data. LaValle stated that the City of Hugo was not going to incur the cost of extensive soils work. It was his understanding that the club was gathering thisinformation for Rice Creek and the DNR. MOTION: Spitzer made motion, seconded by Irsfeld, that the City of Hugo advise the Department of Natural Resources that the applicant for this permit has not provided sufficient information to ascertain the effect of the proposed project on the city's plans or ordin- ances. For that reason, we are requesting that the DNR take no 1. 3 S4 White Bear Rod & Gun Club — Filling of Rice Lake cont. MOTION: action for a period of six (6) months or until the applicant provides adequate information, and the city is able to make appropriate comments, whichever occurs first. We will request that if the DNR chooses not to grant the extension of time, that the city be given an opportunity to answer the considera— tions as it may be able to. VOTING FOR: LaValle, Spitzer, Irsfeld, and Vail. ABSTAINED: Schletty MOTION CARRIED MOTION: Spitzer made motion, seconded by Irsfeld, that the White Bear Rod & Gun Club be advised that the city has requested an exten— sion of time from the DNR in regard to their filling project, and that the Rod & Gun Club is requested to submit a detailed plan including the following: 1. Soil conditions 2. Amount of fill and cross sections 3. Ground water table 4. Where dirt will be obtained 5. Duration of this project This information to be made available to the city within 45 days VOTING FOR: LaValle,Spitzer, Schletty, Irsfeld, and Vail. MOTION CARRIED 6.0 ORDINANCES AND RESOLUTIONS — No discussion 7.0 UNFINISHED BUSINESS 7.1 Rice Creek Watershed Bill — Horseshoe Lake Mayor LaValle recieved a letter from Mr. Frank Murray dismissing the petition. Rice Creek was advanced $6,500 from Washington County. As of December 14, 1977, with interest at 6%, the County Auditor's Office states that $7,165.36 is payable to Washington County. MOTION: Schletty made motion, seconded by Spitzer, that the City of Hugo not pay any settlement to Rice Creek regarding the Horseshoe Lake Petition, at this time. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld, and Vail. MOTION CARRIED 7.2 Union Negotiation Meeting — Possible 12/21/77 It was determined that 12/21/77 was not a practical date for a meeting. MOTION: Spitzer made motion, seconded by Schletty, that the meeting previously scheduled for December 28, 1977 with Mr. Evans be cancelled and that a special meeting of the City Council be DECEMBER 19, 1977 139 7.2 Union Negotiation Meeting - Possible 12/21/77 cont. MOTION: scheduled for December 28, 1977 to review the plans for the next meeting with Mr. Evans. The meeting will be held at 5:30 P.M. VOTING FOR:- LaValle, Spitzer, Schletty, and Vail. MOTION CARRIED 7.3 Recommendation from Planning Commission regarding proof of ownership The following are four (4) ways acceptable to the City Of Hugo to show proof of ownership: 1. Letter from abstractor or abstract company stating that the current status of the ownership is correct and up-to-date. Alleged owner is in fact the owner. 2. A letter from an attorney licensed in the State of Minnesota, dating not more than two (2) months, stating that he has examined the abstract. 3. Letter from County Recorder or Registrar of Titles stating that alleged owner is in fact the owner. 4. Valid purchase agreement or Contract for Deed along with actual property owner, which must be shown by any of the three (3) above. MOTION: Spitzer made motion, seconded by LaValle, that the clerk be directed to prepare a form letter spelling out in detail the four (4) methods of proof of ownership just discussed, and to give a copy of this letter to each applicant on any form of planning request. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld, and Vail. MOTION CARRIED 8.0 NEU BUSINESS Mr. Barth, Police Chief, was unable to take all his vacation in 1977, and requested that it be carried over into 1978. MOTION: Spitzer made motion, seconded by Schletty, that Mr. Barth's request be granted. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld, and Vail. MOTION CARRIED Lino Lakes will be contacting Hugo regarding a meeting with Open Space relating to the Regional Park. 9.0 CLERK City Clerk requested that a requisition be required for any major purchases over and above operating needs. MOTION: Irsfeld made motion, seconded by Spitzer, that any purchases, other than equipment or operating supplies, in excess of $100.00 be approved by the City Council prior to purchase, and a letter be sent to the department heads stating that this regulation is being imposed due to the cash flow problem of the city. 14 VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld, and Vail. MOTION CARRIED Clerk stated insurance and clothing allowances were being paid for the whole year. This has been a problem, seeing that employees have been terminating prior to year's end. Clerk would like to see this allowance prorated. MOTION: Spitzer made motion, seconded by Schletty, that the clerk be instructed to prorate clothing and insurance allowances to city employees on a monthly basis as a temporary interim measure. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld, and Vail. MOTION CARRIED The clerk has received three (3) applications from CETA to fill the position in the Maintenance Department. A recommendation will have to be made at the meeting of January 3, 1978. Mr. Schletty will contact clerk's office to set up an interview time. The clerk requested that the payroll be changed to e semi-monthly basis. Spitzer stated that because of the current union negotiations, a change cannot be made at this time. Mr. Johnson said this might be considered as a negtiation point. 10.0 MISCELLANEOUS Kuusisto checked with Braun Engineering regarding the cost of soil borings to be done in relation to the bridge replacement program. MOTION: LaValle made motion, seconded by Spitzer, that the engineer be allowed to spend 8650.00 to secure necessary soil tests for the application for bridge replacement. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld, and Vail. MOTION CARRIED Ass. Larry Ehret, Planning Commission chairman, was present to discuss the changes he would like to see in planning procedures, or he plans on resigning. Mr. Ehret finds difficulty in working with the zoning ordinances as they now stand in terms of minimum acreage requirement. He suggested the possibility of incorporating density type zoning. Mr. Ehret was under the impression that a blacktop road is required in the rural areas, and he was informed that gravel roads were permitted. Mr. Johnson stated that density zoning is very difficult to deal with because of subsequent ownership. The engineer and attorney also stated that they were not receiving copies of applications, so they could not review. Mr. Johnson and Mr. Kuusisto were given copies of our check list for a Spedial Use Permit for their review. Mr. Ehret would like to see a new check list incorporated to make sure all necessary information is available to the commission before they appear. On Wednesday, December 21, 1577, Ehret, Spitzer, and Washington County Planner, Koehler, will meet to try and establish a workable check list. MOTION: Spitzer made motion, seconded by Irsfeld, to adjourn at 1C:16 PM. DECEMBER 19. 1977 141 All aye. Motion carried. atuzi. L4.1444,,,Carol A. Williams, Clerk City of Hugo