Loading...
HomeMy WebLinkAbout1978.10.30 CC MinutesOCTOBER 309 1978 MINUTES OF THE PROCEEDINGS OF THE HUGO CITY COUNCIL *r.�5 The meeting was called to order by Mayor Marvin LaValle at 7:00 PM. PRESENT: LaValle, Spitzer, Irsfeld and Vail ABSENT: Schletty 3_0 APPROVAL OF MINUTES MOTION: Spitzer made motion, seconded by Irsfeld, to approve the minutes of September 27, 1978, as presented. VOTING FOR: LaValle, Spitzer, Irsfeld and Vail MOTION CARRIED MOTION: Spitzer made motion, seconded by Irsfeld, to approve the minutes of October 2, 1978, after the following charge is made: Page 5 (6.1) - Letter of thanks to be sent to Joe Vignal should be added to the minutes. VOTING FOR: LaValle, Spitzer, Irsfeld and Vail MOTION CARRIED 4.0 APPROVAL OF CLAIMS MOTION: LaValle made motion, seconded by Irsfeld, to approve the General Claims of October 30, 1978, as presented. VOTING FOR: LaValle, Spitzer, Irsfeld and Vail MOTION CARRIED MOTION: Irsfeld made motion, seconded by Spitzer, to approve the Utility Claims of October 30, 1978, as presented. VOTING FOR: LaValle, Spitzer, Irsfeld and Vail MOTION CARRIED 5.0 PETITIONS. REQUESTS. COMMUNICATIONS & LICENSES 5.1 Ras Olson Mobile Home Permit Renewal MOTION: VOTING FOR: LaValle made motion, seconded by Spitzer, to renew the Mobile Home Permit for Ray Olson, 7800 132nd_Street North, under Chapter 40, ARticle III, for a period of 90 days. LaValle, Spitzer, Irsfeld and Vail MOTION CARRIED 5.2 Tom Hoffman - Agreement for Fellman Property (SCHLETTY ARRIVED AT 7:06 PM) C-) n Mr. Tom Hoffman, realtor involved in the sale of the Fellman property, has proposed the installation of a septic system incorporating an eva- poration method. A copy of the city engineer's recommendations are on file. Mr. Kuusisto stated that in case the system does not function, the conditions previously stated by the City Council (holding tank to be pumped) would be enforced. The Armon type system will be installed. LaValle stated that a performance bond would have to be posted by the installer to guarantee the system. The bond will be in the amount of $4,000.00, and will be made in favor of the City of Hugo and Rice Creek Watershed, to run for a term of two years. Rice Creek has issued a per- mit for the installation of this alternative system. MOTION: LaValle made motion, seconded by Spitzer, approving of the agreement for an experimental septic system on the Fellman property, 12616 Ingersoll Avenue North, subject to the following conditions: 1. The unit should be installed on an experimental basis. Should the system fail to perform and meet the requirements of satisfactory treatment and disposal, the unit shall be upgraded, or 2. A holding tank or other approved system should be installed to meet the requirements. 3. The City of Hugo is not under any circumstances advocating that this is the proper system and in no way is liable for malfunction or nonperformance, and, 4. Any installation of this disposal system for this particular location is directly between the owner and the manufacturer of this system. 5. Maintaining of the well and other conditions appli- cable would be included. 6. A valid permit shall be obtained by the owner from the Rice Creek Watershed District, their conditions being a part of the City of Hugo's conditions. 7. A performance bond in the amount of $4,000.00 shall be posted, and shall be made jointly in favor of the City of Hugo and Rice Creek Watershed. The bond is to be in effect for a term of two years. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld and Vail MOTION CARRIED MOTION: Spitzer made motion, seconded by Irsfeld, that the City Clerk be instructed to write a letter to Home Federal Savings and Loan advising them of the action previously taken. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld and Vail MOTION CARRIED 5.3 Eugene Peltier - Minor Subdivision Mr. Peltier is requesting to divide 4.4 acres from a 13.42 acre parcel. Mr. Peltier provided the verification of survey and proof of ownership as requested. OCTOBER 30, 1978 2k 7 MOTION: Irsfeld made motion, seconded by Spitzer, to approve the Minor Subdivision for Eugene Peltier, to divide 4.4 acres from a 13.42 acre parcel. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld and Vail MOTION CARRIED 5,.4 Ed Waugh - Rental Property MOTION: Schletty made motion, seconded by Spitzer, to table the Ed Waugh matter until the meeting of 11/20/78. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld and Vail MOTION CARRIED 5.5 Assistant Asses_ MOTION: Spitzer made motion, seconded by Schletty, that the City Clerk be directed to write letters to Francis Langer and Ed Leroux indicating that the assisting of Mr. Ed Leroux will expire with the current year. We request that Mr. Leroux be in attendance at equalization day in May, 1979. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld and Vail MOTION CARRIED 5.6 Withrow Tennis Association The clerk received a call from Toni Fagerhaugh stating that a firm con- tract has been signed with Schifsky Blacktopping to do the work on the tennis courts at Withrow Elementary School, and that they are going to start construction before winter. MOTION: Spitzer made motion, seconded by Irsfeld, that the money allocated for the Withrow Tennis Association, in the amount of $1,000.00, be remitted. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld and Vail MOTION CARRIED 5.7 Joe Zaspel Mobile Home Permit Renewal Mr. Zaspel will no longer be needing a Mobile Home Permit. 5.8 Vern Peloquin - Letter of Credit Mr. Kuusisto had inspected the road and found only two spots where there was any ponding. The letter of credit had expired on 11/3/78. MOTION: LaValle made motion, seconded by Vail, that the letter of credit for road surfacing on Geneva Avenue and 148th Street from Vern Peloquin be allowed to expire on 11/3/78. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld and Vail MOTION CARRIED 258 5.9 Mardon Homes - Preliminary Plan Approval The City Engineer reviewed the plan as revised and the new perc tests. Mr. Peloquin, Planning Commission member, was present, and stated that the new proposed road would be located in a dangerous location. The location would create a blind access and egress to the property because of the hill. The Planning Commission had questioned about the blacktopping of roads in the new subdivision. LaValle stated that unless a variance is asked for gravel roads at the time of appli- cation of the subdivision, it shall be a blacktopped street. Mr. Tramm was instructed to stake the road as initially presented, and the proposed new road so that the city engineer can review the sites. Spitzer stated that if the road is moved again, it would change the context of the revised plan. MOTION: Spitzer made motion, seconded by Irsfeld, that the Mardon Homes preliminary plan approval be tabled until 11/20/78. The city engineer is directed to examine the road sites to help solve the location of the road, and make a concrete recommendation to the City Council at that time. Mr. Kuusisto is also to review the feasibility of Isleton coming down from the north. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld and Vail MOTION CARRIED 5.10 George Indykiewicz - Mining Permit MOTION: Irsfeld made motion, seconded by Vail, to approve the Mining Permit for George Indykiewicz until November 1, 1979, subject to proper bond and certificate of insurance. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld and Vail MOTION CARRIED 5.12 Bob Dotte - Farm Site Plan MOTION: LaValle made motion, seconded by Spitzer; that the Dotte request be referred to the Planning Commission for their recommendation. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld and Vail MOTION CARRIED 5.13 John Malinka - Subdivision Mr. Malinka is requesting to revive the subdivision as previously applied for by Mr. Jerry Moe. Mr. Malinka was attempting to find the Council's feeling as to rezoning the part of the property to 5 acres. The Council stated that unless there was an application for such, no determination could be made. The Planning Commission had requested clarification as to where the subdivision now stands in regard to any previous action taken on this subdivision. It was determined that Mr. Malinka should make a new application and start from the very beginning. Any variance granted previously have no validity now. OCTOBER 30, 1978 Malinka - cont. MOTION: Spitzer made motion, seconded by Schletty, that the City Clerk be directed to write Mr. Malinka informing him that Jerry Moe has no outstanding subdivision approvals, and future requirements to be submitted from the initial state and will be judged on its merits. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld and Vail MOTION CARRIED 5.14 Charles Shubat - Land Division Mr. Shubat is requesting permission to sell four 10 acre parcels, all with 300' front footage on a road. Mr. Johnson stated that the request should be considered a land division because platting is not required, and there is no new road. Pere tests are needed for Building Permits - not a land division. MOTION: Spitzer made motion, seconded by Schletty, to approve the Land Division for Mr. Shubat, to sell four 10 acre parcels along Irish Avenue. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld and Vail MOTION CARRIED LaValle stated that he was not in agreement with the land division regulations as now stated. He would like to see it changed in the new subdivision ordinance. ADDITIONS TO THE AGENDA The city received a letter from Attorney Lynch, representing Richard Busse, demanding $1,000.00 in damages as a result of grading done on his client's property without his permission. Mr. Busse was present and stated that he would be willing to withdraw his complaint and give an easement for the construction of a new road on Ingersoll Avenue, if he could obtain two building sites on his property. LaValle instructed Attorney Johnson to respond to the letter from Mr. Lynch, and also said that he had given Washington County instructions not to do any road work on that particular stretch of land. MOTION: LaValle made motion, seconded by Spitzer, that Howard Kuusisto be allowed to work with Richard Busse's surveyor to try and get some kind of solution on the connection of Ingersoll Avenue. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld and Vail MOTION CARRIED MOTION: LaValle made motion, seconded by Spitzer, that Mr. Johnson directed to respond to the letter of complaint made by Mr. Lynch, attorney for Richard Busse. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld and Vail MOTION CARRIED MOTION: LaValle made motion, seconded by Spitzer, that the City Clerk be directed to write a letter to Washington County Highway Department stating the problem we have, and stating that they are directed to not trespass on Richard Busse's property. This is reiterating a previous directive already given. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld and Vail MOTION CARRIED MOTION: LaValle made motion, seconded by Spitzer, that the Police Chief be allowed the days requested for vacation. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld and Vail MOTION CARRIED Mike McAllister has made application for a sign permit to place cam- paign signs, 4 x 8, at seven locations. The city has received complaints from citizens stating the signs are too large according to the city's sign ordinance. Tom Crever stated that there are numerous signs in the city too close to property lines (10' minimum). MOTION: LaValle made motion, seconded by Spitzer, to deny the application of Mike McAllister for a sign permit at seven locations because they do not conform to the city's sign ordinance. A variance cannot be granted. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld ABSTAINED: Vail MOTm N CARRIED MOTION: LaValle made motion, seconded by Schletty, that all campaign committees having signs in Hugo be notified that if they have signs in Hugo violating the city ordinance, they are requested to comply immediately. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld and Vail MOTION CARRIED MOTION: Spitzer made motion, seconded by Irsfeld, that the City Clerk direct the Ordinance Committee to draft amendments to the sign ordinance to make recognizance of temporary signs, in the future. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld and Vail MOTION CARRIED OCTOBER 309 1978 6.0 ORDINANCES AND RESOLUTIONS 2(1_ MOTION: Lavalle made motion, seconded by Spitzer, to adopt Resolution 1978-35, A RESOLUTION DESIGNATING THE POLLING PLACES FOR ELECTIONS IN HUGO, MINNESOTA. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld and Vail MOTION CARRIED The Flood Plain Insurance Ordinance has been basically approved by the Federal Insurance Admin. A copy was submitted to the DNR and they in- corporated a few minor changes. MOTION: Spitzer made motion, seconded by Irsfeld, to adopt ORDINANCE 1539 AN ORDINANCE AMENDING CHAPTER 320 OF THE HUGO CITY CODE, ENTITLED "ZONING" TO PROVIDE REGULATION AND MANAGEMENT OF FLOOD PLAIN DISTRICTS. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld and Vail MOTION CARRIED 7.0 UNFINISHED BUSINESS MOTION: LaValle made motion, seconded by Spitzer, that the City Clerk be directed to send B -Tu Mix the check in the amount of $200.00 for the insurance for upgrading of the railroad crossings in the City of Hugo. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld and Vail MOTION CARRIED MOTION: Spitzer made motion, seconded by Vail, that the sewer connection agreement between Bruce and Jeanette Charpentier and the City of Hugo be approved, and the Mayor be authorized to sign the agreement. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld and Vail MOTION CARRIED Attorney Johnson will be sending letters to InterState Lumber regarding the Bogart matter, and NSP regarding the easement on the Stanek property, to check on their status. 8.0 NEW..BUSINESS MOTION: Spitzer made motion, secondedly Schletty, that the Mayor appoint a committee comprised of LaValle, Irsfeld and Spitzer to develop a job description for a City Administrat Clerk Treasurer and report on November 20, 1978. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld and Vail MOTION CARRIED MOTION: LaValle made motion, seconded by Spitzer, to set a Special Meeting for November 13, 1978, at 7:00 PM. The entire City Council is to write a job description for the proposed City Administrator/Clerk Treasurer, and other considerations. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld and Vail MOTION CARRIED MOTION: Spitzer made motion, seconded by Schletty, to accept the resignation of Rene Larson and seek a replacement as soon as possible. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld and Vail MOTION CARRIED MOTION: LaValle made motion, seconded by Irsfeld, that the City Clerk be directed to write a letter of favorable recommendation for Rene Larson. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld and Vail MOTION CARRIED MOTION: LaValle made motion, seconded by Spitzer, that the City Clerk be directed to respond to John Boland, Metro Council, authorizing the use of City Hall for Metro Council's Regional Meeting on 11/21/78, at 7:30 PM. VOTING FOR:. LaValle, Spitzer, Schletty, Irsfeld and Vail MOTION CARRIED Mr. Doub Esteb has requested that his water bill be waived, because of loss of interest resulting from duplicate payment on his assessment. LaValle instructed the clerk to calculate the interest owed Mr. Esteb and he still owes his water bill. The City Clerk was instructed to obtain a written contract from Washin- ton County to cover the microfilming of certain city documents. MOTION: Spitzer made motion, seconded by LaValle, that the City of Hugo purchase a fireproof vault from Sperry Office Equipment in the amount of $265.00. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld and Vail MOTION CARRIED B -Tu -Mix has requested a change in their hours of operation because of the change to Central Standard Time. MOTION: Spitzer made motion, seconded by Irsfeld, to allow for the change in hours of . operation of B -Tu Affix to 6:00 AM - 4:00 PM. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld and Vail MOTION CARRIED OCTOBER 30, 1978 W.. Mr. McDermaid has requested the $500.00 given to the city to insure construction of July Avenue. Mr. Kuusisto has inspected the road, and stated that he has given instructions to have the road regraded and reshaped. LaValle stated that the money should be held until final approval from Kuusisto. 5.11 James Brevis = Earthen Dam Mr. Brevig was present, and proposed some changes in the agreement as previously presented. Mr. Kuusisto reviewed the Mr. Brevig his changes, and felt that the city could comply with them. MOTION: Spitzer made motion, seconded by Irsfeld, that the City of Hugo enter into the revised agreement with Mr. James Brevig regarding the dike incorporating the revisions for Exhibit A. The mayor is authorized to sign this agreement. VOTING FOR: LaValle, Spitzer, Irsfeld and Vail VOTING AGAINST: Schletty MOTION CARRIED MOTION: Spitzer made motion, seconded by Schletty, that the city attorney be instructed to obtain the easements that are necessary for the implementation of this contract. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld and Vail MOTION CARRIED MOTION: LaValle made motion, seconded by Spitzer, that the city engineer be instructed to fill out an application for a permit with Rice Creek Watershed in regard to the relocation of the earthen dam on Brevig's property. VOTING FOR: LaValle, Spitzer, Schletty, Irsfeld and Vail MOTION CARRIED A letter was received from three Hugo residents stating their concern in regard to the speed limit of the train going through Hugo and their whistle regulations. Councilman Vail will obtain a copy of rules and regulations for the trains, and it will then be forwarded to the interest parties. MOTION: Spitzer made motion, seconded by Schletty, to adjourn at 10:55 PM. All aye. Motion Carried. Carol A. Williams, Clerk City of Hugo