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HomeMy WebLinkAbout1981.04.06 CC Minutes e-y MINUTES OF THE PROCEEDINGS OF THE HUGO CITY COUNCIL April 6, 1981 The meeting was called to order by Mayor LaVflle at 7:01 PM. PRESENT: LaValle, McAllister, Schletty, Irsfeld, Vail 3.0 APPROVAL OF MINUTES MOTION: Vail made motion, seconded by Irsfeld, to approve the minutes of March 16, 1981 , as submitted. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED 4.0 APPROVAL OF CLAIMS MOTION: Irsfeld made motion, seconded by McAllister, to approve the General Claims for April 6, 1981 , as submitted. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED - MOTION: Irsfeld made motion, seconded by McAllister, to approve the Utility Claims for April 6, 1981 , as submitted. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED 5.0 PETITIONS, REQUESTS, COMMUNICATIONS & LICENSES 5.1 Safeway House Movers - Renew of Mobile Home Permit MOTION: McAllister made motion, seconded by Irsfeld, to renew the Mobile Home Permit for Safeway House Movers, 5885 165th Street North, under Chapter 40, Article III, Subdivision E, for a period of ninety (90) days. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED 5.5 Paul Rice - Site Plan Approval Mr. Rice, 12743 Keller Avenue North, owns 6 acres in the Conservancy District, and would like to construct a 30 x 50 pole barn for his personal use. MOTION: Irsfeld made motion, seconded by Schletty, to approve the'Site Plan of Paul Rice, to construct a 30 x 50 pole barn for personal storage only. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED 5.6 Leonard Kijenski - Site Plan Approval and Variance Mr. Kijenski, 14244 Hyde Avenue North, owns 2i acres in the Agricultural District, and would like to construct a 30 x 32 pole barn for his personal use. The building would have to be located closer to the front lot line than the principal building. f April 6, 1981 Leonard Kijenski - cont. MOTION: Irsfeld made motion, seconded by McAllister, to approve the Variance request of Leonard Kijenski to construct an accessory building closer to the front lot line than the principal structure. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED MOTION: Irsfeld made motion, seconded by McAllister, to approve the Site Plan for Leonard Kujenski, to construct a 30 x 32 pole barn for personal storage only. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED 5.6 Darrell Tavenier - Licenses Mr. Tavenier, owner of the boat rental operation on Bald Eagle Lake, has re- quested, and was granted the following licenses: MOTION: McAllister made motion, seconded by Irsfeld, to grant the following licenses to Darrell Tavenier, LAKEVIEW INN, 4444 129th Street North, Hugo, Minnesota: OFF SALE NON-INTOXICATING LIQUOR, ON SALE NON-INTOXICATING LIQUOR, CIGARETTE, AND SOFT DRINK, in the amount of $128.00. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED 5.8 Herbert Simpson - Septic System Violation Mrs. Simpson was present, and stated that she has contracted with Kuehn Con- trating to perform the necessary work to remedy problem. Kuehn informed her that they would commence work as soon as the road restrictions were lifted. MOTION: McAllister made motion, seconded by Irsfeld, to place this matter on the agenda for the meeting of June 1 , 1981 , and the City Attorney to report on the progress in the matter. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld,Vail MOTION CARRIED Mrs. Simpson was instructed to have Mr. Kuehn contact the City Attorney when the actual work will be starting. She was also informed of the possiblity of obtaining a special permit from the county to bypass the road restrictions. 5.2 Kassen Ramaden - Nuisance Complaint (7:15 PM) The city had received a complaint regarding the unsitely condition of the property known as MR Tourist Camp. Mr. Len Mishak, present, stated that he is in the pro- cess of purchasing the property from Mr. Ramaden, and assured the City Council that the property will be cleaned up within 30 days. He stated that he has already started the clean-up procedure. Mr. Mishak stated that he was aware of the re- quired permits necessary in order to operate the tourist camp. McAllister asked that he come to the city when he has his plans ready. _- 4 April 6, 1981 MOTION: LaValle made motion, seconded by McAllister, that the MR Tourist Camp matter be placed on the agenda for the meeting of May 4, 1981 , and another inspection of the property will be made. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED Mayor LaValle informed Mr. Mishak that the septic system located on the property did not function. The septic system will dictate the number of units that will be allowed, and he is to contact the State Health Department regarding this matter. SOLID WASTE COMMITTEE Because Dan Spitzer will be relocating, the City of Hugo needs a replacement as their representative on the Washington County Solid Waste Committee. Mr. Spitzer presented Bill Monahan, who has expressed interest in serving on this committee. MOTION: LaValle made motion, seconded by Irsfeld, that the City Clerk draft a letter to Commissioner Lester Rydeen, stating that the City of Hugo would like him to appoint Mr. Bill Monahan as Hugo's representative to the Solid Waste Control Committee. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED 5.4 Mike Ferguson - Refund for broken glasses Mr. Ferguson had broken his glasseon a fire call, and was requesting reimbursement from the city for the newly purchased replacement. The claim had been submitted to the city's insurance company, but they refused payment because there was no medical report submitted, and it was within our $100.00 deductible. Ferguson was instructed to seek medical attention by the Fire Chief, but he did not feel that it was necessary. MOTION: Irsfeld made motion, seconded by Vail, that the city pay the claim of $75.95 to replace Mike Ferguson's glasses. VOTING FOR: McAllister, Schletty, Irsfeld, Vail VOTING AGAINST: LaValle MOTION CARRIED MOTION: Irsfeld made motion, seconded by Schletty, that a letter be directed to the Fire Chief stating that if he decides that a volunteer should seek medical attention, they are obligated to follow that order, or the city will not be responsible to pay any bills. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld,Vail MOTION CARRIED ORDINANCE 1?7 MOTION: McAllister made motion, seconded by Irsfeld, to adopt ORDINANCE 177, AN ORDINANCE AMENDING CHAPTER 320 OF THE HUGO CITY CODE ENTITLED "ZONING" BY AMENDING THE ZONING DISTRICT CLASSIFICATION OF DESCRIBED REAL PROPERTY. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED April 6, 1981 5.11 Zimmco Wood - Annual review of Special Use Permit Mr. Thomas Zimmerman had submitted a letter to the city requesting that the 24 x 24 garage located on his property be considered a permanent structure, rather than temporary as indicated in Item 1 of his Special Use Permit. LaValle stated that as the structure now exists it is more permanent than temporary. Zimmerman stated that he still intends to construct the new steel building,and will use the garage for storage. MOTION: Irsfeld made motion, seconded by McAllister, to approve the annual re- view of the Special Use Permit for Zimmco Wood, with the following changes: Item 1 - to be eliminated Item 2 - to be eliminated with the understanding that road is in place in accordance with the original request. Item 3 - to be eliminated Item 4 - remain the same Item 5 - remain the same Item 6 - remain the same Item 7 — Permit holder shall provide a Letter of Credit, in the amount of $1 ,000.00, in favor of the City of Hugo, to guarantee ade- quate dust suppression. Item 8 - remain the same Item 9 - This permit shall •be null and void unless it is signed by all parties concerned by May 1 , 1981 , and the Letter of Credit has been received in the city office. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED 5.13 Vern Peloquin - Minor Subdivision Because the final plat has not yet been completed, an application was made for a Minor Subdivision for Lot 10, Block 4, Peloquin Industrial Park, for the con- struction of a building by Miscellaneous Metals. MOTION: McAllister made motion, seconded by Irsfeld, to approve the Minor Sub- division for Vern Peloquin, to divide Lot 10, Block 4 in the Peloquin Industrial Park, by metes and bounds. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED MOTION: McAllister made motion requesting the Building Inspector to issue the necessary permits for completion. McAllister withdrew his motion. Fred Riermann, owner of Miscellaneous Metals, was present, and asked if he could obtain his Building Permit contingent on a permit from Rice Creek Watershed. Mayor LaValle stated that Rice Creek has required permits on individual basis in the Peloquin Industrial Park, therefore, the Building Permit could not be issued until the permit from Rice Creek is obtained. Mr. Ken Ostlund was introduced, and he questioned whether Mr. Riermann would be assessed for improvements made in the park at some future date. The approval that has been granted from Rice Creek is for all land that was not previously platted (drainage and plat) . At this time, no approval has been granted by the city. April 6, 1981 Mayor LaValle suggested that Mr. Riermann contact Rice Creek and see if he could obtain administrative approval prior to the actual permit being granted. 5.3 Benson Kennel - Special Review of Special Use Permit Mayor LaValle stated that since the original Special Use Permit was issued, there has been sale of property and a split in the ownership. The original encompassed a total of 217 acres, and Barbour stated the kennel now consists of 135 acres. LaValle said that because of the changes the city should be looking at the number of dogs, buildings, and shooting that will occur on the property, and whether the land should continue to be divided. The problems really surfaced when the city became aware of the purchase of 15 acres by Wally Otto for a pole barn. Jeff Barbour contended that there has been no change in the plan since originally submitted in 1979. The original plan included the six lots lying along County Road 8A, but there was no mention in the minutes to these lots. Mayor LaValle felt that Mr. Barbour did not understand that the Special Use Permit went with the land, and that any change in land would require an Amended Special Use Permit. The city also has an application from Wally Otto for Site Plan Approval to construct a pole barn; Otto stated that he will be looking for approval of a 45 x 108 building as originally requested. MOTION: Irsfeld made motion, seconded by Schletty, that the Land Division re- quest be sent to the Planning Commission along with a recommendation that they look at an Amended Special Use Permit considering the number of acres after the number of Land Divisions are discussed. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED Mr. Otto was informed that his pole barn should be constructed on the 15 acre parcel or the two parcels (5 & 15) will have to be combined into one deed. The accumulative total has been reached for accessory buildings on his five acres, so a Special Use Permit will have to be applied for. Attorney Johnson stated that Mr. Otto cannot construct the building across the property lines of the two parcels. The following applications should be submitted by Jeff Barbour: Amend Special Use Permit and Land Division. Wally Otto to apply for a Special Use Permit. Mr. Barbour is to provide the city with a current proof-of-ownership for the entire piece of property. Otto stated that he does not want to combine the two parcels. 5.7 William Mulry - Septic System Violation and Transfer of Special Use Permit Mr. Mulry is the new leasee of the Oneka Hill Kennel, and Dr. James Dresen, the properly owner. Mr. Mulry was present, and stated that the contract he signed with Dr. Dresen stated that the seller would be responsible to pay for improvements necessary for the updating of the septic system for the kennel operation. Mr. Mulry has had three contractors review the system, but did not have a signed con- tract that he could submit. Mr. Mulry was instructed to work with the city's Building Inspector and Engineer to determine what criteria should be used to remedy the problem. MOTION: McAllister made motion, seconded by Irsfeld, to table the Nuisance Com- plaint for Oneka Hill Kennels until the meeting of May 4, 1981 . VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED April 6, 1981 TRANSFER OF SPECIAL USE PERMIT MOTION: LaValle made motion, seconded by Irsfeld, to transfer the Special Use Permit for Oneka Hill Kennels from Michael Gervais to William Mulry and Dr. James Dresen, subject to the proper signatures. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED When Mr. Mulry returns the signed Special Use Permit, he is to also submit proof- of-ownership (title opinion and copy of lease) . 5.12 Robert Dotte - Land Division Mr. Dotte would like to divide 37 acres into two parcels (10 and 27). A Certificate of Survey was submitted but did not meet with city approval. Parcel C is to be eliminated creating only two parcels. Adequate proof-of-ownership is also to be provided when Mr. Dotte returns with the corrected Certificate of Survey. MOTION: Irsfeld made motion, seconded by Schletty, that the Robert Dotte Land Division be tabled until the meeting of April 20, 1981 . VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED „ 5.9 Richard Vail - Variances (4) Mr. Vail was present and stated that he will be moving the lot line for Lot 1 14' so that a variance will not be required for lot width. Lot 1 will then be 100' wide and Lot 2 will be 126' wide. MOTION: McAllister made motion, seconded by Vail, to approve Variance (A) to allow Lot 1 depth from 130' to 88' . Variance granted from Chapter 320, Subd. 0. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED MOTION: McAllister made motion, seconded by Vail, to approve Variance (B) to allow a lot depth from 130' to 88' for Lot 2. Variance granted from Chapter 320, Subd. 0. VOTING FOR: LaValle, McAllister, Irsfeld, Vail VOTING AGAINST: Schletty MOTION CARRIED MOTION: McAllister made motion, seconded by Irsfeld, to approve Variance (C) to allow for rolled bituminous curb instead of concrete. Variance granted from Chapter 290-7, Subd. B and Chapter 290-8, Subd. A(5) . VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED MOTION: McAllister made motion, seconded by Schletty, to approve Variance (D) to bypass the requirement to install sidewalks. Variance granted from Chapter 290-7, Subd. B(7) and Chapter 290-8, Subd. 290-8, Subd. A(6) . VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED April 6, 1981 5.10 Bald Eagle Sportsman Association - Annual Review of Special Use Permit Mr. Timm, BESA, submitted a letter to the city requesting the following: 1 . Open 2 hours later on August 29, 1981 in exchange for closing 2 hours earlier on August 30, 1981 . 2. Open consecutive Sundays in October in exchange for closing of club in December and January. MOTION: McAllister made motion, seconded by Irsfeld, to approve 1981 Bald Eagle Sportsman Association's Special Use Permit. Also approve the request to extend the hours of operation on August 29, 1981 , from a closing at 6:00 PM to a closing of 8:00 PM in exchange for a closing- on August 30, 1981 , at 4:00 PM instead of 6:00 PM. , and denial of the request for consecutive Sundays in October. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld VOTING AGAINST: Vail MOTION CARRIED 6.0 REPORTS OF OFFICERS & COMMITTEES 6.1 Ordinance Committee - No discussion 6.2 Planning Commission - No discussion 6.3 Water Superintendent - No discussion 6.4 Building Inspector Mr. Crever submitted his monthly report. 6.5 Fire Chief State Fire Convention - tabled until next meeting 6.6 Attorney Mr. Johnson submitted his monthly report. The city's Systems Statement has been approved by the Open Space Commission and will be forwarded to Metro Council April 9th. A meeting has been set for April 14th, 9:00 AM, City Hall, to discuss the Stanek property. The improvements in the Bald Eagle Industrial Park will also be discussed at that time. LaValle will contact Rice Creek regarding the necessary permits re- quired for the project. The City Clerk will research requirements for Certificate of Occupancy, and have ready for meeting of April 20th. 6.7 Engineer - Not present 6.8 Clerk The city has received a letter of resignation from Donald Wenzel (Fire Dept. ) . MOTION: LaValle made motion, seconded by Vail, to accept the resignation of Donald Wenzel from the Fire Department. McAllister will draft a letter thanking him for his 22 years of service. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED April 6, 1981 BOARD OF REVIEW MOTION: LaValle made motion, seconded by McAllister, to set the BOARD OF REVIEW for May 12, 1981 , from 9:30 AM - 3:00 PM. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED Jim Hubinger has requested to appear before the Council some time in May to discuss workman's compensation. Clerk instructed to check with the League regarding their insurance policy. The Council again reiterated the fact that the City of Hugo is not interested in the cable TV program at this time. MOTION: Irsfeld made motion, seconded by McAllister, to extend the meeting passed 11:00 PM. All aye. Motion Carried. MOTION: McAllister made motion, seconded by Irsfeld, that the Health Officers appointed by the City Council be authorized to contact Dale Eklin on an on-call basis, and to ask for his assistance during a complaint inspection. The city will pay a maximum fee of $10.00. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED 8.0 UNFINISHED BUSINESS 8.1 Forest Lake Township-- Revised Comprehensive- Plan MOTION: Irsfeld made motion, seconded by McAllister, that the city forward a letter to Forest Lake Township stating that we have no specific problem with the revised Comprehensive Plan. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED 8.2 Hugo's Comprehensive Plan The city will provide 50 copies of the draft for review at the public hearing. They will also be available at City Hall prior to that time. The plan and Howard Moe's subdivision will also be discussed at the meeting of April 14th. MOTION: Irsfeld made motion, seconded by Schletty, to set a public hearing for May 12, 1981 , at 7:00 PM, to review the draft of the Comprehensive Plan. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED The Comprehensive Plan should be placed on the agenda for May 4th to discuss the plan prior to the public hearing. April 6, 1981 Councilman Schletty will follow-up on McAllister's request to have a street light installed on the corner of Highway 61 and 147th Street. The Council will discuss the Summer Youth Program at their meeting of April 20th. MOTION: Irsfeld made motion, seconded by LaValle, to shut-off the water at12:00 PM, Melody Lounge, if payment of $300.00 is not received. Mr. Meline to be notified of this action. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED MOTION: Irsfeld made motion, seconded by Schletty, to adjourn at 12:04 PM. All aye. Motion Carried. , Carol A. Williams, Clerk/Teasurer City of Hugo