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HomeMy WebLinkAbout1979.07.02 CC Minutes Minutes of the Proceedings roceedin s of the HUGO CITY COUNCIL MEETING of JULY 2, 1979 The meeting was called to order by Mayor LaValle at 7:06 P.M. PRESENT: LaValle, Spitzer and Vail. Schletty arrived at 9:15 P.M. ABSENT: Irsfeld 3.0 APPROVAL OF MINUTES MOTION: Spitzer made motion, seconded by Vail, to approve the minutes of June 18, 1979, after making the following corrections: Page 1 (5.1 ) change Hile to Hilo VOTING FOR: LaValle, Spitzer and Vail MOTION CARRIED 4.0 APPROVAL OF CLAIMS MOTION: Spitzer made, seconded by Vail, to approve the General Claims of July 2, 1979, as submitted. VOTING FOR: LaValle, Spitzer and Vail MOTION CARRIED MOTION: Spitzer made motion, seconded by LaValle, to approve the Utility Claims of July 2, 1979, as submitted. VOTING FOR: LaValle, Spitzer and Vail MOTION CARRIED 5.1 Joe Niemczvk - Renewal of Mobile Home Permit Spitzer recommends that the Council let the Mobile Home Permit lapse and remain vacant. Mr. Niemczyk doesn't apparently wish to use the trailer as a home. Clerk to check to see if fee has been paid. MOTION: Spitzer made motion, seconded by Vail, not to renew Mr. Joe Niemczyk's mobile home permit. VOTING FOR: LaValle, Spitzer and Vail MOTION CARRIED '.2 - 5.3 REZONINGS - Lauren and Leroy McCullough, Clyde Rehbein, Robert Lundgren and Fred Benson Tabled until 9:30 P.M. until Schletty arrives, since a 4/5ths majority is necessary for rezoning action. 86 JULY 2, 1979 5.4 Mr. Gerald Dabe - Question on land matter Mr. Dabe owns forty acres with a road easement dividing the property in half. He wants to sell his house and twenty acres and build on the other twenty acres. He was informed that it would be necessary to have a joint maintenance agreement for maintenance of the common driveway. Mr. Dabe was instructed to furnish the City Attorney with the name of his legal counsel so that they could draw up the necessary agreement. Building Inspector instructed not to issue building per- mit until City has opportunity to inspect driveway maintenance agree- ment. Mr. Dabe asked questions regarding the person who is farming the land adjacent to the other side of the ditch and is plowing inside the ease- ment and diverting the waterfiow. Council informed him that the City cannot get involved in private matters, but he should seek advice from his legal counsel. 5,.5 Larry Schmidt - Board Fence at Schmidts Mr. Schmidt did not appear - Matter tabled until later in the evening. 5;;,6 Doug Kruse - Special Use Permit Mr. Kruse owns a home on the west side of Ingersoll Avenue - purchased an additional 2i acres on the east side of Ingersoll Avenue. Since adding a new septic system, he does not have sufficient land on which to build a garage, so he wishes to build a garage on the east side of the road. Mr. Kruse instructed by the Council that they wish to obtain a 33 foot easement from him for widening of the road, and if he is willing to give them that easement, they will grant him a variance, since a variance is required in order to build an accessory building when there is no home on the property. Mr. Kurse indicated he was willing to give the City the easement. MOTION: Spitzer made motion, seconded by Vail, that Mr. Kruse be granted a variance from Chapter 320.4, Subdivision G in order to permit the construction of a garage on the property described as the North 219 feet of the South 667 feet, of the West 486.16 feet of Government Lot 5, Section 35, T31N, R21W, Washington County, Minnesota, containing 2.45 acres more or less, subject to Ingersoll Avenue North along the west line, according to U. S. Government survey thereof, also known as Tract No. C2, provided that 1 ) Mr. Kruse delivers to the City an easement of thirty three feet for a road right-of-way on the westerly portion of the property, 2) that Mr. Kruse delivers acceptable proof of ownership to the City Office prior to the issuance of this variance, and 3) this variance shall be void if the conditions are not fulfilled within sixty days. VOTING FOR: LaValle, Spitzer and Vail MOTION CARRIED The Council directed the City Attorney to draw up the papers for the ` easement. JULY 2, 1979 6.1 Ordinance Committee The Ordinance Committee will meet Thrusday evening, July 5, 1979, at 7:00 P.M. Attorney Johnson coutioned the Council that the legislature is in the process of studying subdivisions, land divisions and zoning and re- commends that no revisions of present laws should be considered until their plans are finalized. Clerk instructed to obtain copies of House File 1352-A-S and distribute then to the Council and Planning Commission. LaValle said they should concern themselves with this matter and be pre- pared to make some constructive comments. The Use in RB Zoning districts was discussed. The Ordinance Committee was directed to act on the matter of developing a modification of the zoning ordinance to require site plan approval for CB and RB districts. 6.2 Planning Commission Mike McAllister said a Planning/Development Questionnaire has been received from Carl Dale for study and revision. It is the intention of the Planning Commission to study this matter at special meetings held at 6:00 P.M. on regular meeting nights. City Attorney advised Council that there is more grant money available to develop a Com- prehensive Plan. McAllister said that the City would be encouraged to provide 125 modestly prices housing units. He also stated he felt every tax payer in Hugo should be given the opportunity to answer this questionaire, or a revised version of it. County wants Councils feel- ings on incentive planning. City Attorney and Engineer instructed to prepare comments pro and con. MOTION: LaValle made motion, seconded by Vail, to authorize the Clerk to purchase from the Stillwater Book and Stationery Company, a 3M Copier, Model 051 for $199.50 and the necessary supply of paper, for use by the police and fire departments. VOTING FOR: LaValle, Spitzer and Vail MOTION CARRIED Council instructed city maintenance crew to obtain gravel from Fisher pit in order to level floor in building leased by the City from Mrs. Traeger to store City Trucks. The question of the zoning in the flood plains area come under discus- sion. City Engineer was requested to draw up some guidelines regarding construction in flood plains. Areas are now designated A, B, C, or D and need some clarification. The City Engineer is to provide the Planning Commission with the necessary information so that they can reasonably interpret the flood management maps. MOTION: Spitzer made motion, seconded by Vail, that the City Clerk be directed to notify the Rice Creek Watershed District and the Department of Natural Resources that the City wishes to be notified prior to the issuance of any permits that may be contemplated with the City. (over) 88 JULY 2, 1979 Rice Creek Motion Continued MOTION - (continued) The City further wishes to be notified of any procedures now in effect or being contemplated to insure the city specifications stipulated are being enforced. VOTING FOR: LaValle, Spitzer and Vail MOTION CARRIED The City Engineer was directed to set up a meeting between the engineer from the Rice Creek Watershed District, himself, the mayor and building inspector to visit the Clark site and surrounding lots. Councilman Schletty arrived at 9:14 P.M. 6.3 Water Superintendent - No report 6.4 Building Inspector Walsted Property - The house has been moved to the other side of the garage. If septic site is changed, a new perc test will be required. Inspector to report at next meeting. Zimmerman - A garage is to be moved in. Building inspector wants to know what criteria Council wants him to follow. Building inspector instructed to set the conditions by which garage can be moved onto property. John Elder - LaCasse Land Division - Nothing settled. Has requested building permit - holding until situation resolved. White Bear Rod and Gun Club - Schletty has received reports that a fence is being constructed on the east side of the building. He had not checked it out; asked building inspector to look into it. Spitzer stated that he doesn't think there are any restrictions or requirements regarding interior fencing. The only requirements were for peripheral fencing. 5.3 Fred Benson - Jeff Barbour-Rezoning Presented letter of credit addressing itself to the Special Use Permit. New perc test for the new kennel site is still required by the Planning Commission. Mr. Barbour appeared regarding the matter of rezoning of twenty acres from Agricultural to RR2 described as the Sr of NW* of the SWC, Sec. 26, T31 , R21 , Washington County. It was noted that the ap- plicant presented proof of consent by owner but no proof of ownership was presented. The City attorney said that Richard Bury and Palmer Peterson were owners as of September 1978. MOTION: Spitzer made motion, seconded by Vail, to approve Ordinance 161 amending the zoning map for the twenty acres owned by Richard Bury and Palmer Peterson described as the Si of NW* of the SW*, Section 26, T31 , R21 , Washington County, from Agricultural to RR2. VOTING FOR: LaValle, Spitzer, Schletty and Vail. MOTION CARRIED JULY 2, 1979 89 Fred Benson (continued) Mr. Benson was cautioned that he was only granted rezoning; he must now apply for land division. MEETING RECESSED AT 9:50 P.M. MEETING RECONVENED AT 10:25 P.M. 5.2 Robert Lundgren - Mid American Metal Craft- Rezoning It was noted that when this request for rezoning was originally presented, it was determined that this property and the property to the South of it be rezoned all in one parcel. The other parcels in question are the Lauren and Leroy McCullough properties and the Clyde Rehbein property. Since the Rehbein deed is dated 1974, and no proof of ownership has been presented in the Leroy McCullough matter, and the legal description is different from the description in the public notice in the Lauren Mc- Cullough matter, it would create an extreme hardship for the owners of the Mid American property if this matter is held up any longer. It was noted that all four applicants were listed separately in the legal notice. MOTION: LaValle made motion, seconded by Schletty, to adopt Or- dinance 16R, rezoning for Robert Lundgren from RB to indus- trial, the legal described by the Title Insurance Company is the legal to be used in the ordinance to be published. VOTING FOR: LaValle, Spitzer, Schletty and Vail. MOTION CARRIED MOTION: Spitzer made motion, seconded by LaValle, to defer action on those parcels owned by Clyde Rehbein, and Lauren and Lerey McCullough until proof of ownership and legal descriptions can be verified satisfactorily by the city attorney. VOTING FOR: LaValle, Schletty and Vail. MOTION CARRIED 6.5 Fire Chief - No report 6.6 Police Chief - No report 6.7 Attorney Vail/Brevis Dispute Dike easements are being negotiated. Attorney Geck has been contacted regarding terms of extension of agreement. Reconciliation Procedure Appeal has been indefinitely postponed. The review is dormant pending settlement of Open Space Policy. (It was noted that Bev McCumber, re- resentative to Parks and Open Space has resigned and a replacement is needed) . Council instructed City Attorney to set up a meeting with Park and Open Space and invite Lino Lakes officials to attend. 90 July 2, 1979 Reconsiliation Procedure (continued) Council instructed Clerk to notify Lino Lakes that we are asking for this meeting and would appreciate it if they would attend. NSP Easement Matter Attempt is being made to secure a meeting with NSP and Preston attorneys to set a roadway somewhere along the right-of-way with assistance of NSP. Rehbein v. Hugo An action seeking a writ of Mandamus has been commenced in District Court. Pleadings and Memorandums have been filed and awaiting ruling. Stipulation of facts is being negotiated. Forest Lake Township Comprehensive Plan Plan is being reviewed. Council instructed Clerk to obtain one copy of the Metropolitan Land Planning Act from the Metro Council for the Council's use. MOTION: LaValle made motion, seconded by Spitzer, to extend the meeting past 11 :00 P.M. VOTING FOR: LaValle, Spitzer, Schletty and Vail. MOTION CARRIED 6.8 Engineer Roads An inspection of City Streets has been completed. Jeffery Street extended has been shown on a preliminary plan for bypassing the guy wires and poles. We are trying to resolve the location of the roadway and whether NSP will grade or the City would rough grade a roadway to the Stanek property and in turn settle for a mutually agreed amount. Bridges Right of way lines will be worked out with city attorney. Parking Lot - Bald Eagle Industrial Park Council insists on culverts no swails. 175th Street Howard Schletty to obtain estimate from the County for lowering the culvert under 175th Street. He will also contact the county regarding contracting for graveling for the city. SPITZER LEFT MEETING AT 11 :25 P.M. JULY 2, 1979 91 6.9 Clerk Schmidt - Letter of Credit expires July 16th. MOTION: LaValle made motion, seconded by Spitzer, to send Mr. Schmidt a registered letter informing him we are making a draw on his Letter of Credit to build a fence for non- compliance of his Special Use Permit unless an extension is received in this office before that time. VOTING FOR: LaValle, Schletty and Vail MOTION CARRIED Brownlee The police incident was referred to the attorney for further investigation. Safeway House Movers Trees were planted. Letter of Credit has expired and they have asked for return of letter. City Attorney advised Clerk to make a copy and send it to them, keeping original in the city files. County owned property The County advised that they are the owners of a lot which is 105 feet side, within the city of Hugo on C.S.A.H. 8; Auditor's Plat 33-35135-2350. It contains approximately 10,500 square feet. The county has no use for this property and has offered to turn it over to the City by Resolu- tion if the city so desires. MOTION: Schletty made motion, seconded by LaValle, to move to contact the County and inform them we are not interested. VOTING FOR: Schletty VOTING AGAINST: LaValle and Vail MOTION FAILED MOTION: LaValle made motion, seconded by Vail, to table the matter of whether the City wishes to acquire the county owned property identified as Auditor's Plat 33-35135-2350 un- til the next meeting. VOTING FOR: LaValle, Schletty, and Vail. MOTION CARRIED Street Lights - Shepherd of the Fields Inquiry as to status - matter referred to City Engineer. i . 92 JULY 2, 1979 Sidewalk repair - Nadeau's - Carpenter's Discussion centered around sidewalk and approach repair to be made prior to the blacktopping of Nadeau's and Carpenter's parking lot. MOTION: LaValle made motion, seconded by Vail, to hire the A and B Construction Company to construct new sidewalk and approaches to Hwy. 61 fronting Nadeau's and Carpenter's. All existing concrete and blacktip is to be removed; new concrete shall be 8" thick, and will be re-enforced with mesh and rods. Work may be begun beginning next week. Cost not to exceed $1 ,950.00. Project will be funded through the Road Maintenance Funds. VOTING FOR: LaValle, Schietty and Vail. MOTION CARRIED Granger's DX They have a Special Use Permit to operate a service station. They would like to install additional storage tanks - want to know if they need amended special use permit. City Attorney advises they do not. Dorothy Perrault Sustained water damage to her home from Sanitary Sewer back-up. The claim for $115 damages filed by Mrs. Perrault has been denied by our insurance company who advises Mrs. Perrault to file a claim through her home owners policy. MOTION: LaValle made motion, seconded by Vail, to deny Mrs. Perrault's claim for $115.00 for water damage sustained to her home when there was a Sanitary Sewer back-up. VOTING FOR: LaValle, Schietty and Vail. MOTION CARRIED MOTION: Schietty made motion, seconded by Vail, to adjourn the meeting at 12:10 P.M. VOTING FOR: LaValle, Schletty and Vail. MOTION CARRIED Carol A. Williams, Clerk/Treasurer City of Hugo