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HomeMy WebLinkAbout1978.09.18 CC Minuteseff}PTEMBER 189 1978 MINUTES OF THE PROCEEDINGS OF THE HUGO CITY COUNCIL The meeting was called to order by acting Mayor, Dan Spitzer, at 7:07 PM. PRESENT: Spitzer, Schletty, Irsfeld, and Vail ABSENT: LaValle 3.0 APPROVAL OF MINUTES MOTION: Irsfeld made motion, seconded by Schletty, to approve the min- utes of September 5, 1978, after the following change is made: page 5 (6.101 Lino Lakes has agreed to load, haul, and spread the gravel on Elmcrest Avenue VOTING FOR: Spitzer, Schletty, Irsfeld, and Vail MOTION CARRIED MOTION: Irsfeld made motion, seconded by Schletty, to approve the minutes of September 13, 1978, as submitted. VOTING FOR: Spitzer, Schletty, Irsfeld, and Vail MOTION CARRIED 4.0 APPROVAL OF CLAIMS MOTION: Irsfeld made motion, seconded by Vail, to approve the General Claims for September 18, 1978, as submitted. VOTING FOR: Spitzer, Schletty, Irsfeld, and Vail MOTION CARRIED MOTION: Irsfeld made motion, seconded by Vail, to approve the Utility Claims for September 18, 1978, as submitted. VOTING FOR: Spitzer, Schletty, Irsfeld, and Vail MOTION CARRIED 5.0 PETITIONS. REQUESTS. COMMMUNICATIONS & LICENSES 5_.2 Stewart Boaart Nuisance Mr. Johnson had received correspondence from the lien claimants' attorney stating than they would clean up the nuisance at the Bogart residence, at no expense to the City of Hugo. They will rear out the burned part, board up the exposed end wall, windows, and doors, and haul away the refuse. MOTION: Spitzer made motion, seconded by Irsfeld, that the City direct Inter State Lumber, et al, to abate the nuisance at the Stewart Bogart property, 7607 128th Street, in accordance with Mr. Hinike: proposal dated September 15, 1978, being understood that there sh; be no expense to the City, and that Inter State et al, will hold the City harmless from any claims arising from such an abatement. VOTING FOR: Spitzer, Schletty, Irsfeld, and Vail MOTION CARRIED SEPTEMBER 180 1978 5.4 Neil Buschmann - Nuisance It was determined by the City Council that Mr. Buschmann has abated the nuisance. Chief Barth had submitted pictures of the property verifying that action had been taken. MOTION: Spitzer made motion, seconded by Schletty, that the nuisance proceedings against Neil Buschmann be vacated, and the City Clerk be instructed to write him of the vacation, thanking him for his cooperation, and reminding him to keep the pre- mises in an orderly manner. VOTING FOR: Spitzer, Schletty, Irsfeld, and Vail MOTION CARRIED 5.5 Ron Granster - Estimate on Sewer Hookups Mr. Granger was present, and stated that the remainder of the hookups should be installed by the end of October, 1978. Lindau and Moe are the only reside; that he has not contracted with. MOTION: Irsfeld made motion, seconded by Schletty, that the City notify. Mr. Lindau and Mr. Moe asking that they advise the as to how they intend to comply with their requirement to to city sewer. VOTING FOR: Spitzer, Schletty, Irsfeld, and Vail MOTION CARRIED 3.3 John Moore - Liquor License Transfer (Blacksmith Lounge) Clerk city hookup Mr. Johnson reviewed the Articles of Incorporation and found them to be in order. Mr. Moore's bond for an on sale liquor has not as yet been received. The matter is to be placed on the City Council agenda for October 2, 1978. 5.7 James Olson - Specail Use Permit Mr. Olson owns approximately 13 acres of land zoned RR1, and is requesting permission to construct a pole barn, 36' x 541, to keep horses. Ordinance allows for 9 horses. MOTION: VOTING FOR: Irsfeld made motion, seconded by Spitzer, to approve the request of Mr. James Olson for a Specail Use Permit, to construct a 36; x 54' pole barn to keep horses, as allowed by ordinance. Spitzer, Schletty, Irsfeld, and Vail MOTION CARRIED 5.8 Karl Schoeller - Minor Subdivision New pere tests ahve been submitted relating to the subdivision. Mr. Kuusisto determined theat the tests were satisfactory. He stated that the drain tile should be placed in the upper foot of the original ground. They should also fill 1' above street agrade. Spitzer stated that Mr. Kuusisto should submit i writing to Tom Crever and Mr. Schoeller, the three variations of permitted septic systems. Spitzer directed the City Clerk to notify Tom Crever that fil is required on these lots and be put on any plan for a Building Permit. He is to contact Mr. Kuusisto if:he has any questions. c? MOTION: Irsfeld made motion, seconded by Schletty, to approve the Minor Subdivision for Karl Schoeller, splitting Lot A into Lots A & B. and that the Building Inspector be directed to consider the amount of fill as required by the city's engineering office to make lots buildable. VOTING FOR: Spitzer, Schletty, Irsfeld* and Vail MOTION CARRIED MOTION: Irsfeld made motion, seconded by Schletty, of $200.00 be given the city for park funds lots on Karl Schoeller's Minor Subdivision. VOTING FOR: Spitzer, Schletty, Irsfeld, and Vail MOTION CARRIED that the amount for the entire three 5.1 Harold Bramstedt & Grace Development - Problem on Lot 1 (Valley View) Mr. Kuusisto and Mr. Schletty have made an on-site inspection of the property, and stated that the drain field is located on the same lot as house. Wells are to be placed south of the drain field area so they can be monitored for the ground water table. Mr. Bramstedt was present and stated they have the wells in place for inspection. Spitzer stated that the wells should now be monitored, and a final report be made by June 30, 1979. Mr. Kuusisto is to als advise as to the amount of fill that will be required on Lots 2 & 3. When Mr. Kuusisto specified the amount of fill on Lots 2 & 3, Lot 1 should be filled at the same time to bring to the level of the other 2 lots (drain field only). MOTION: Irsfeld made motion, seconded by Schletty, that the City direct the City Engineer to monitor the wells on Lot 1 for a period commencing now and ending on June 30, 1979. At the same time, he is to inform Grace Development as to the amount of fill needed on Lots 2 & 3, and Mr. Bramstedt on the balance on Lot 1. VOTING FOR: Spitzer, Schletty, Irsfeld, and Vail MOTION CARRIED Mr. Ken Tschida was present, and asked about the selling of Lot 3 by metes and bounds. The subdivision should not have been considered Minor because there were more than three lots being considered. Spitzer stated that the Planning Commission should watch Minor Subdivisions more closely, but in this particular case, metes and bounds will be the method of conveyance. The City Clerk is to verify these dimensions. 5.9 Vern Peloauin - Minor Subdivision MOTION: VOTING FOR: Irsfeld made motion, seconded by Schletty, division for Vern Peloquin at 148th Street land and fund to be paid is $75.00. Spitzer, Schletty, Irsfeld, and Vail MOTION CARRIED 5.6 Fred Benson - Special Use Permit that the Minor Sub - be approved. Park Mr. Benson is requesting permission to construct a dog kennel on 217 acres located in Section 26. The kennel will train dogs, and also board them. A site plan of the proposed kennel is on file. SEPTEMBER 18, 1978 5.6 Fred Benson Special Use Permit cont. MOTION: VOTING FOR: Irsfeld made motion, seconded by Vail, to approve a Special Use Permit for Fred Benson to construct a dog kennel,csubject-to-the toiiowing- coaditionsi . - 1. A septic system and tank to be approved by the city's engin- eering office. 2. A shelter (trees) be placed 100' from their building on the east, south, and west side. Trees are to be planted no later than the spring of 1980. The shelter is to be designed by the ASCS office to accomplish noise abatement and wind shelt and should consist of seedling trees. 3. The parking lot to be of gravel or crushed rock, or if they desire, blacktop. Should gravel be employed, it should be of Class 4 or 5. 4. Shooting for purposes of training only will be permitted on weekdays between the hours of 8:00 AM and 9:00 PM. On week- ends, hours will begin at 10:00 AM and conclude at 6:00 PM. 5. A night light to be placed in the area. 6. No shooting or training within 2001 of the ourtside boundari of the property. 7. No field trials allowed on the property. 8. The noise level at the applicant's property line shall be no more than the State's day and night requirement for resident land use. However, the City reserves the right to modify thi level as required by law or based on nuisance complaints. 9. In the future, should complaints due to the operation be received, the City Council reserves the right to hold a publ hearing to determine the extendt of the nuisance b6ing created, and if they find sufficient evidence that there is a nuisance being created, they may amend the Special Use Permit by including special conditions which my be necessary to abate the nuisance. 10. The kennel operation is allowed to house no more than 50 dogs for the purpose of field training, nor more than 100 do for all purposes. 11. An irrevocable letter of credit, in the amount of $5,000.00, shall be given to the City to cover Items 1, 2, and 3 of the special use permit. Spitzer, Schletty, Irsfeld, and Vail MOTION CARRIED 6.0 ORDINANCES -'AND RESOLUTIONS 6.1 ,Flood Plain Ordinance Mr. Johnson has reviewed the proposed ordinance, and his office will retype f presentation. He stated that some provisions should be made that would in- dicate that on-site systems will not be allowed in the future in the Flood Plaim area. Mr. Johnson will also submit a certified copy of the city's State Building Ordinance to the Federal Insurance Agency. MOTION: Spitzer made motion, seconded by Irsfeld, that the DNR and the Federal Insurance Agency be notified that it is the intent of the City of Hugo to adopt the Flood Plain Ordinance in the form that is sumbitted to them, assuming their approval is forthcoming. VOTING FOR: Spitzer, Schletty, Irsfeld, and Vail MOTION CARRIED so MOTION: Irsfeld made motion, seconded by Vail, that the City of Hugo adopt RESOLUTION 1978-329 A RESOLUTION APPOINTING JUDGES FOR THE GENERAL ELECTION IN THE CITY OF HUGO, MINNESOTA, DUE TO PARTY BALANCE AND EMERGENCIES OF PREVIOUSLY APPOINTED JUDGES. VOTING FOR: Spitzer, Schletty, Irsfeld, and Vail MOTION CARRIED 7.0 UNFINISHED BUSINESS Mr. Johnson presented the Council with the proposed water and sewer agree- ment between the City of Hugo and Grace Development for improvements along 8A. Mr. Tschida stated that their letter of credit in the amount of $97,431.25 was going to be used to pay the contractor when the project is completed. Johnson stated that this would mean the city would be acting as their fiscal agent, and did not comply with this agrangement. Tschida said that their bank required them to have cash to cover the letter of credit, and it was suggest- ed that he possibly invetigate the procedures at another bank. The matter is to be placed on the Council agenda of October 2, 1978. Attorney Johnson stated that he had no problems with delaying action on the August Olinger Minor Subdivision because of litigation. 8.0 NEW BUSINESS No discussion 9.0 CLERK No action had been taken on the Ida Molitor Subdivision so the Planning Commission recommended that their fees be refunded. It was noted that ther( had been considerable amount of time spent on this application. MOTION: Irsfeld made motion, seconded by Schletty, that the City refund $55.00 to Mrs. Ida Molitor. Irsfeld withdrew his motion. MOTION: Spitzer made motion, seconded by Schletty, that we consider the application vacated and refund 40.00 to Mrs. Molitor, VOTING FOR: Spitzer and Schletty VOTING AGAINST: Irsfeld and Vail MOTION FAILED The City will retain the $55.00 for fees as submitted. The City Clerk asked the City Council for permission to request that the city' inspectors submit their bills with copies of the permits for which they are requesting payment. MOTION: Spitzer made motion, seconded by Vail, directing the City Clee- to notify the inspectors to submit a copy of the permit with their monthly claims for payment. VOTING FOR: Spitzer, Schletty, Irsfeld, and Vail MOTION CARRIED SEPTEMBER 18, 1978 , Mrs. Teddy Peltier was present, and informed the Council that the property owner adjoining them could possibly be building his addition 101 over his property line. Spitzer directed Tom Crever to have the construction stopped until the property line is determined. 10.0 MISCELLANEOUS Howard Kuusisto stated that the Lyle Feldman property located on Sunset Dake is in the process of being sold, and the new owners have made application to Rice Creek for the installation of a holding tank on the property. Tom Crever said that the installation of a holding tank would not meet the setback requi menta. The Building Inspector will make recommendations on his permit for a septic system. Councilman Schletty discussed the bids for general road maintenance received from Fischer Construction and LaValle Excavating, MOTION: Irsfeld made motion, seconded by Schletty, to extend the meeting) passed 11:OOPM. All aye. Motion carried. MOTION: Irsfeld made motion, seconded by Vail, direct Councilman Schletty to make arrangements to purchase gravel moving services from LaValle Excavating at the unit prices quoted: 20¢ a yard loaded, 130 a yard mile, $1.00 a yard under 4 miles, and $25.00 per hour for grader. VOTING FOR: Spitzer, Schletty, Irsfeld, and Vail MOTION CARRIED Mr. Crever stated that Mr. Thomas Frampton has applied for a building permit to construct a wood frame structure on his property. The size of the building is not in compliance with the Special Use Permit issued to him nor with his site plan as presented. He has made application for a 28' x 601 building, and the Site Plan states the building will be 161 x 801. The City Clerk was direc ed to write Mr. Frampton stating that his request for a building Permit does not comply with his Site Pan as presented. Tom Crever stated that he had received application from Joseph Poliehuk to co struct a home on Lot 12 (Valley View). No perc test was submitted with the application. Spitzer stated that before a permit could be issued for that lot the water and sewer agreement would have to be a signed, a contract with a contractor to complete the improvements, and their letter of credit, or they could submit a perc test indicating a buildable site on the property. MOTION: Irefeld made motion, seended by Schletty, to adjourn at 11:35 PM4 All aye. Motion carried. aro A. Williams, Clerk City of Hugo