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HomeMy WebLinkAbout1978.10.02 CC MinutesOCTOBER 29 1978 MINUTES OF THE PROCEEDINGS OF THE HUGO CITY COUNCIL0 The meeting was called to order by Mayor Marvin LaValle at 7:00 PM. PRESENT: LaValle, Spitzer, Schletty, Irsfeld and Vail 3.0 APPROVAL OF MINUTES MOTION: Irsfe- made motion, seconded by LaValle, to approve the minutes of September 18, 1978, after the following changes have been made: Page 3 (5.1) - drain field is located on the same lot as the house Page 4 (Item 9) - of the nuisance being created amend the Special Use Permit by including special Page 5 (3rd line) - issued to him nor with his site plan as presented VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld and Vail MOTION CARRIED MOTION: Spitzer made motion, seconded by Irsfeld, to approve the minutes of September 18 and 22, 1978, as presented. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld and Vail MOTION CARRIED MOTION: Schletty made motion, seconded by Spitzer, requesting the secretary to rewrite the minutes of September 27, 1978, for presentation at the meeting of October 16, 1978. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld and Vail MOTION CARRIED 4.0 APPROVAL OF CLAIMS MOTION: Spm zer made motion, seconded by Schletty, to zpprove the General Claims of October 2, 1978, as presented. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld and Vail MOTION CARRIED MOTION: LaValle made motion, seconded by Irsfeld, to approve the Utility Claims of October 2, 1978, as presented. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld and Vail MOTION CARRIED 5.0 PETITIONS. REQUESTS. COMMUNICATIONS & LICENSES .1 Joe Niemc zk - Mobile Home Permit Renewal MOTIO Spitzer made motion, seconds y LaValle, that Joe Niemczyk's Mobile Home Permit at 7666 170th Street North, be extended for 90 days, under Chapter 40, Article III, Subdivision D. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld and Vail MOTION CARRIED 5.2 John Moore - Liquor License Matter scratched from agenda. 5.3 Grace Development - Water and Sewer Agreement A preliminary draft of the agreement was given Grace Development at a prior meeting for their review. It was returned to the city's attorney with some suggested changes. Mr. Johnson stated that it has been the policy of the city to reduce the letter of credit after partial comple- tion of a project. Schletty stated that he would like to see a certain amount of money held after the completion of the project to make sure there are no problems. The public hearing to consider Revenue Sharing was opened at 7:32 PM. LaValle stated that Hugo has been allocated $18,600.009 and this money will be used exclusively in the roads budget for 1979. There were no residents present to ask questions regarding this matter. MOTION: Spitzer made motion, seconded by LaValle, to close the public hearing at 7:33 PM. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld and Vail MOTION CARRIED Water and Sewer Agreement - cont. Irsfeld asked if the city had any liability by approving payments between parties. Johnson stated that there was always a possibility, but the city would not be approving bills. The plans for construction are drawn by the city's engineer, and would be inspected by the city. LaValle stated that he would like to require Grace Development to have their developer and their contractor obtain a performance bond to either the city or Grace Development for one year after completion of the project. MOTION: Spitzer made motion, seconded by Irsfeld, to approve the Water and Sewer Agreement as outlined by Mr. Johnson, provided that a performance bond is made in favor of both the city and the developer, and it is understood by all parties that release of the letter of credit is a negotiable item. The letter of credit will not neces- sarily be completely released until proof of all pay- ment.of bills is submitted. The City Council authorizes the Mayor and City Clerk to sign this agreement. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld and Vail MOTION CARRIED Mr. Johnson will reqrite the contract and have ready for signature by October 5, 1978. OCTOBER 29 1978 5.5 Howard Moe - Letter of Credit Mr. Moe's letter of credit to insure installation of city sewer at B & H Sales will expire on October 15, 1978. MOTION: Spitzer made motion, seconded by Irsfeld, that Mr. Howard Moe be notified that his letter of credit must be extended to November 15, 1978, to cover his sewer installation at B and H Sales. If proof of the extension is not in the City Clerk's hands by October 12, 1978, the clerk is directed to call the letter of credit. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld and Vail MOTION CARRIED 5.6 Tom Hoffman - Septic System for Fellman Property Mr. Hoffman has a prospective buyer for the Fellman property, and he is willing to bear the cost of installing a holding tank and having it pumped. Geotechnical Engineering has done a report of soil borings and site evaluation at the property site, and is on file at City Hall. Kuusisto stated that the tank would be less that 50' from the well, as required by City Ordinance. The tank would be 1200 gallons, and would have to be pumped maybe once a week. LaValle stated that he would like to see a bond in this case to insure compliance of the pumping. Johnson suggested that a prepaid contract for a certain length of time be kept on file, along with an agreement with the landowner that failure to have a paid up contract would be an admission of nuisance and would have to vacate immediately. Kuusisto stated that a variance might have to be issued for side setbacks and distance from the well. LaValle was not sure whether the city could issue these variances. Mr. Hoffman was instructed to have an agreement drawn up for approval by the city's attorney. Agreement to include the following: 1) erformance bond in the amount of $1,000.00 to cover cost of construction the city or home owner), 2) a nuisance agreemtn if they fail to keep the tank pumped, 3) a six month contract with a qualified pumper, and 4) metering of the water supply as outlined in the Geotech report. Installation of the tank has to meet the specs in regard to the well (see Chapter 262-29, Subdivision B). MOTION: Spitzer made motion, seconded by Schletty, that the item of septic system problem for Fellman property be placed on the agenda for 10/16/78. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld and Vail MOTION CARRIED 5.7 TARCO of Minn - Garbage License MOTION: LaValle made motion, seconded by Spitzer, to grant a license for the collection of garbage and rubbish to TARCO of Minnesota, for a fee of $50.00, under Chapter 120 of the Hugo City Code, VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld and Vail MOTION CARRIED 5.8 Thomas Frampton - Amended Special Use Permit Mr. Frampton is requesting permission to construct a machine shed larger than the one indicated on his site plan previously approved. The original shed was 16' x 801, and the new size requested is 28' x 601. MOTION: Irsfeld made motion, seconded by Spitzer, to approve the amended Special Use Permit for Thomas Frampton, to include: 1. Construction of a machine shed not to exceed 1920 sq.ft. 2. All commercial traffic for Mr. Frampton's business exit and enter on County Road 10. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld and Vail MOTION CARRIED 5.9 Theodore Peltier - Variance and Minor Subdivision The Peltiers' are requesting to sell one acre of land to the property owner to their south to resolve the problem of his construction of a garage on their property. A two acre and 18 acre lot will be created in the Conservancy zone. Mr. Johnson stated that the city cannot grant a variance to the Zoning Ordinance. MOTION: Spitzer made motion, seconded by Vail, to approve the Minor Subdivision for Francis and Theodora Peltier, subject to the'survey and on the condition that the acre be joined to the existing land belonging to David Shypulski. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld and Vail MOTION CARRIED 5.10 Eugene Peltier - Minor Subdivision MOTION: LaValle made motion, seconded by Irsfeld, to table the Peltier request for a Minor Subdivision until 10/16/78. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld and Vail MOTION CARRIED 5.11 Fred Riermann - Site Plan Approval MOTION: Spitzer made motion, seconded by Irsfeld, to approve the Site Plan for Fred Riermann, Miscellaneous Metals, to construct a steel building, 30 x 70, no heating or plumbing, and used for storage of steel and some painting. The building is to be constructed on the lot to match the front yard setbacks of the existing buildings to the north and having a 10' sideyard setback from the north property line. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld and Vail MOTION CARRIED OCTOBER 29 1978 6.0 REPORTS OF OFFICERS & COMMITTEES 6.1 Ordinance Committee 24.9 MOTION: Spitzer made motion, seconded by Irsfeld, that Mr. Joe Vignalo be replaced on the Ordinance Committee by Linda Gert VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld and Vail MOTION CARRIED Mr. Vignalo is to be sent a letter of thanks for time he served on the Ordinance Committee. 6.2 Planning Commission McAllister stated that the Commission had questioned the procedure in determining the amount of money to be dedicated for parkland funds. Spitzer stated that the only standard that could be used by the city was the tax record. LaValle stated that the Planning Commission has the opportunity to make recommendations. He also said that no parkland money was spent renovating the tennis courts by City Hall. 6.3 Water Superintendent - No discussion 6.4! Building Inspector Mr. Crever submitted his monthly report. 6.6 Police Chief Mr. Barth requested permission to increase the reserve program to nine members along with his monthly report. MOTION: Spitzer made motion, seconded by LaValle, that the police reserve strength be set at nine members. VOTING FOR: Spitzer, Schletty, and Irsfeld VOTING AGAINST: LaValle and Vail MOTION CARRIED MOTION: Spitzer made motion, seconded by Irsfeld, that the Police Chief be directed to make every effort to enroll Officer Jeff Klarieh in BCA school beginning in November, 1978, in accordance with the letter and spirit of the CETA contract under which he has been employed. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld and Vail MOTION CARRIED 6.5 Fire Chief Richard Vail was present, and stated that there wer numerous Fire Dept., items with holes, and were not usable. 250 Fire C_hl,' of — cont, MOTION: Spitzer made motion, seconded by LaValle, that the Fire Chief be instructed to store the less than perfect coats, boots, and hose at the city's utility bldg. He is also to dispose of the pump for the best price he can get for it. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld and Vail MOTION CARRIED Councilman Schletty was instructed to have George Koland investigate the manhole in front of Richard Vail's house to see what can be done to solve the problem. 6.7 Attorney Mr. Johnson submitted his monthly report. He has been in contact with the attorney for NSP regarding the road between Sections 1 and 2. They had a difference in between their idea of grading and Mr. Kuusisto's recommendations. NSP is not convinced of any roadway, but they,are willing to discuss to help resolve the problem. At this point, Mr. Stanek is reluctant to grant an easement until he is asured he will get a road. LaValle stated that there are a number of people who would verify that there was, in fact, a road there. Councilman Schletty will try to obtain a statement from these people. Mr. Johnson reviewed some old records of the city and found information that is pertinent to this problem. Mr. Johnson has been in contact with Mr. Larry Bailey, Chicago, in regard to the Flood Plain Ordinance, MOTION: Spitzer made motion, seconded by Schletty, to adopt Ordinance 153, subject to approval of the DNR and the Federal Insurance Agency, provided that they approve verbatim then publication will be ordered. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld and Vail MOTION CARRIED 6.8Engineer Mr. Kuusisto submitted his -monthly report. May Township has agreed to gravel their half of Keystone Avenue, and Hugo will gravel their half. Mr. Kuusisto has checked on the observation wells on the Bramstedt property, and will continue to look at once a month until June, 1979. He has been unable to get word on the Bridge Replacement Program from the state, but a priority system has been established. He will check further. Mr. Kuusisto has been working with Grace Development in regard to their parking lot in the Industrial Park. OCTOBER 2, 1978 Engineer - cont. MOTION: LaValle made motion, seconded by Spitzer, directing the City Clerk to write to Grace Development stating that they have until October 6, 1978, to update their letter of credit for the completion of the drainage plan for the parking lot of the Industrial building on Lot 1, Block 2. The letter of credit is to be extended to January 1, 1979. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld and Vail MOTION CARRIED Mayor LaValle questioned whether Bruce Charpentier could get permission to temporarily hookup to the manhole adjacent to his property. He would like to have his assessment deferred until the actual pipe is installed in the ground. Mr. Charpentier is to provide a copy of his deed, and a simple contract will be tied into it covering any future conveyance of the property. 6.9 Clerk Mr. Waugh has agreed to rent his building to the city for $75.00/month. The building would be used for storage. This matter is to be discussed at the meeting of 10/16/78. MOTION: LaValle made motion, seconded by Spitzer, that the Washington County Bookmobile be allowed to use City Hall on 10/23/78 from 5:45 PM until 6:15 PM. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld and Vail MOTION CARRIED 6.10 Road Committee - No discussion MOTION: Spitzer made motion, seconded by Schletty, to extend the meeting passed 11:00 PM. All aye. Motion Carried. 7.0 ORDINANCES AND RESOLUTIONS MOTION: LaValle made motion, seconded by Spitzer, to approve the 1979 budget as presented. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld and Vail MOTION CARRIED MOTION: Spitzer made motion, seconded by LaValle, to adopt RESOLUTION 1978-34, A RESOLUTION AMENDING RESOLUTION 1978-31, 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: LaValle, Spitzer, Schletty, Irsfeld and Vail MOTION CARRIED MOTION: LaValle made motion, seconded by Spitzer, to adopt RESOLUTION 1978-35, A RESOLUTION CERTIFYING ANNUAL LEVY TO THE COUNTY AUDITOR. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld and Vail MOTION CARRIED MOTION: Schletty made motion, seconded by Irsfeld, to adopt RESOLUTION 1978-369 A RESOLUTION CERTIFYING TO THE AUDITOR OF WASHINGTON COUNTY AS TO SPECIAL ASSESSMENTS FOR COLLECTION OF WATER AND SANITARY SEWER BILLS. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld and Vail MOTION CARRIED MOTION: Irsfeld made motion, seconded by Schletty, to adopt RESOLUTION 1978-37, A RESOLUTION THAT THE STORM SEWER ASSESSMENT ROLL AS PRESENTED BY THE CITY CLERK, BE ADOPTED FOR PLACEMENT ON 1979 TAX ROLLS TO THE COUNTY AUDITOR OF WASHINGTON COUNTY, MINNESOTA. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld and Vail MOTION CARRIED MOTION: Vail made motion, seconded by Schletty, to adopt RESOLUTION 1978-389 A RESOLUTION THAT THE SANITARY SEWER ASSESSMENT ROLL AS PRESENTED BY THE CITY CLERK, BE ADOPTED FOR PLACEMENT ON 1979 TAX ROLLS TO THE COUNTY AUDITOR OF WASHINGTON COUNTY, MINNESOTA. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld and Vail MOTION CARRIED MOTION: Spitzer made motion, seconded by Schletty, to adopt RESOLUTION 1978-390 A RESOLUTION CERTIFYING SPECIAL ASSESSMENT FOR WATERMIAN IMPROVEMENT PROJECT. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld and Vail MOTION CARRIED MOTION: LaValle made motion, seconded by Spitzer, to adopt RESOLUTION 1978-40, A RESOLUTION FOR RETIREMENT OF PRINCIPAL AND INTEREST ON WATERWORKS IMPROVEMENT BONDS IN THE AMOUNT OF $59537.50. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld and Vail MOTION CARRIED OCTOBER 2, 1978 7.1 Animal Ordinance The Council reviewed the ordinance as presented, and stated that they would like time for further review. MOTION: LaValle made motion, seconded by Spitzer, to table dis- cussion on the proposed Animal Ordinance until 11/20/79. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld and Vail MOTION CARRIED 8.0 UNFINISHED BUS_ INESS 8.1 Urban and Rural Taxing District The Ordinance Committee will discuss this matter at their meeting of October 4, 1978. Ann Munthe and Teddy Peltier were present, and stated that they have been unable to locate a model ordinance to use as a guide- line. They said that it was the opinion of the Attorney General's office that another public hearing should be held. Mr. Johnson said that if a public hearing was not held, copies of the ordinance would have to be sent out. LaValle said that there was not time to get the urban and rural taxing district change certified in Washington County for next year's tax roll. Spitzer would like to have the ordinance adopted in 1978, and certified to Washington County by the end of 1979. 9.0 NEW BUSINESS MOTION: LaValle made motion, seconded by Spitzer, directing the Ordinance Committee to draft an ordinance amending Chapter 20 creating a Clerk/Treasurer position. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld and Vail MOTION CARRIED The City Council received a request from the Withrow Tennis Assoication to collect the $1,000.00 allocated them. LaValle said that he would like to make sure the project has a green light before any money is released. MOTION: VOTING FOR: LaValle made motion, seconded by Irsfeld, to place the Withrow Tennis Association request on the agenda for 10/16/78. LaValle, Spitzer, Schletty, Irsfeld and Vail MOTION CARRIED MOTION: Spitzer made motion, seconded by Vail, to adjourn at 11:30 PM -1 All aye. Motion Carried. n Carol A. Williams, Clerk City of Hugo