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HomeMy WebLinkAbout1981.04.20 CC Minutes MINUTES OF THE PROCEEDINGS OF THE HUGO CITY COUNCIL April 20, 1981 The meeting was called to order by Mayor LaValle at 7:03 PM. PRESENT: LaValle, McAllister, Schletty, Irsfeld, Vail 3.0 APPROVAL OF MINUTES MOTION: Irsfeld made motion, seconded by McAllister, to approve the minutes of April 6, 1981 , after the following correction has been made: Mike Ferguson (5.4) - Mr. Ferguson had broken his glasses on a fire call VOTING FOR: LaValle, McAllister, Schletty, Irsfeld,Vail • MOTION CARRIED 4.0 APPROVAL OF CLAIMS MOTION: Irsfeld made motion, seconded by Vail, to approve the General Claims of April 20, 1981 , as submitted.. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED MOTION: Vail made motion, seconded by Irsfeld, to approve the Utility Claims of April 20,• 1981 , as submitted. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED 5.0 PETITIONS, REQUESTS, COMMUNICATIONS & LICENSES The city received a request from Richard Granger, Wildwood Developers, to have his letter of credit, in the amount of $2,000.00, released prior to the expiration date of 8/6/81 . The letter of credit guaranteed the installation of landscaping requirements for his apartment building located at 5750 148th Street. At this time, the requirements have been met. MOTION: McAllister made motion, seconded by Irsfeld, to release the Letter of Credit submitted by Richard Granger. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED 5.1 Randall Irving - Renew of MobileHome Permit MOTION: Irsfeld made motion, seconded by Schletty, to renew the Mobile Home Permit for Randall Irving, 12870 Henna Avenue, under Chapter 40, Article III, Subdivision B, for a period of 90 days. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED April 20, 1981 5.2 American Legion Post 620 - Gambling License MOTION: McAllister made motion, seconded by Irsfeld, to grant a Gambling License to the American Legion Post 620, with a waivering of the bond require- ment for its duly elected Gambling Manager, Jim Husnik, for the calen- dar year 1981 . VOTING FOR: LaVal le, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED Mayor LaValle suggested that in the future the request for waivering of the bond be submitted in a separate letter. 5.3 Ronald Reichstadt - Special Use Permit and Variance Mr. Reichstadt has submitted letters from adjoining property owners stating that they have no objection to the location of the proposed 30 x 60 pole barn. The Planning Commission had denied the variance request to construct the barn closer to the front lot line than the principal building. Depending on the Council's action regarding the request, Mr. Reichstadt was to return to the Planning Commission for action on his application for a Special Use Permit. MOTION: McAllister made motion, seconded by Irsfeld, to grant a Variance to Ronald Reichstadt to construct a 30 x 60 pole barn closer to the front lot line than the principal structure. VOTING FOR: LaValle, McAllister, -Schletty, Irsfeld, Vail MOTION CARRIED MOTION: McAllister made motion, seconded by Irsfeld, to grant a Special Use Permit to Ronald Reichstadt to construct a 30 x 60 pole barn for his personal storage only. A Special Use Permit is required because new building would exceed the maximum square footage for accessory buildings in the RRII zone ( 1800 sq ft) . VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED Let the record show that the City Council took the above action because Mr. Reichstadt had been before the Planning Commission twice and should be delayed no longer. 5.4 Ed Ridler - Site Plan Approval MOTION: Irsfeld made motion, seconded by Vail, to approve the Site Plan as submitted by Ed Ridler, 6875 170th Street North, for the construction of a 38 x 42 pole barn to be used for personal storage only. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld,Vail MOTION CARRIED 5.11 Armon System - Bond expires 5/7/81 Property located at 12616 Ingersoll Avenue had the Armon System installed, and a bond, in the amount of $4,000, was submitted in 1979 to insure that the system would function properly. Peter Kluegel had inspected the system, and felt that it was working, but there was some problem last winter because of inadequate covering. 7 April 20, 1981 MOTION: Irsfeld made motion, seconded by Schletty, to release the bond submitted by Armon System, in the amount of $4,000, because septic system is func- tioning at 12616 Ingersoll Avenue North. VOTING FOR: LaValle, Schletty, McAllister, Irsfeld, Vail MOTION CARRIED 5.8 Richard Vail - Preliminary Plat Approval (Shamrock Glen) A drainage plan had been sibmitted for the engineer's review, and Kuusisto found the plan acceptable. A Development Contract will have to be drawn up between the city and the developer, but will not be adopted until final plat approval. MOTION: McAllister made motion, seconded by Irsfeld, to approve the preliminary plat for Richard Vail, Shamrock Glen. The Development Contract will be negotiated with the developer prior to any action on the final plat. VOTING FOR: LaValle, McAllister, Irsfeld, Vail VOTING AGAINST: Schletty MOTION CARRIED Let the record show that the City Council reviewed all objections as submitted by the Planning Commission in regard to the Shamrock Glen subdivision. 5.5 Liquor License Holders (8:00 PM) License holders from Ricci's Saloon, Melody Lounge, Blacksmith Lounge, and Schmidty's 61 Club were present requesting that the City Council abolish Ordinance 145, in particular Chapter 150-10, Subdivision P. They stated that their establishments do not serve liquor after 1 :00 AM, but there are times when it is impossible to have everyone out of the building by 1 :30 AM. They request that the city comply with state regulations, which are less restrictive. There was mention that the esta- blishments were unable to have Sunday brunches because business could not commence until 12:00 noon. McAllister stated that he woulcglke to have a public hearing held so that all sides could be heard; and it was opinion that the ordinance should be repealed. Attorney Johnson stated that the state law prohibits the sale of liquor after 1 :00 AM, with no mention about the premises having to be cleared by 1 :30 PM. MOTION: Schletty made motion to table the matter until the meeting of May 4, 1981 , in order to give request further consideration. Motion failed for lack of second. MOTION: Irsfeld made motion, seconded by Vail, to send the request to the Ordinance Committee for their review, and submit a report by the meeting of May 18, 1981 , indicating whether the ordinance should be repealed, revised, or remain as is. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED Mayor LaValle suggested that the liquor license holders that were present submit a statement addressing their concerns to the city so that they can be addressed by the City Attorney and the Ordinance Committee. Attorney Johnson was directed to send a memo to the Ordinance Committee regarding this matter. P") _) April 20, 1981 5.7 Larry Durand - Petition for Mobile Home Permit The city received a letter from Larry Durand, Windsor-Gro, suggesting his plans for the property located at 17385 Forest Boulevard. He has also petitioned the city for a Mobile Home Permit under Subdivision D. He stated mobile home was necessary because of previous vandalism of his property. MOTION: McAllister made motion, seconded by Irsfeld, to grant a temporary Mobile Home Permit for property located at 17385 Forest Boulevard, under Chapter 40, Article III, Subdivision D, to Windsor-Gro. The permit is granted to alleviate undue and serious financial problems for Windsor-Gro. Windsor-Gro will provide financial guarantee, a.bond in the amount of $1 ,000 in favor of the City of Hugo, to ensure to the city that the mobile home will be phased out by May, 1983. The bond must be in force until May of 1983, and there will be no further renewal from the last day of May, 1983. The permit will be null and void upon any change in ownership of the property and the trailer must be removed at that time. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED 5.9 Jeffrey Barbour - Land Division Attorney Johnson has discussed the required proof-of-ownership with Mr. Barbour's attorney. Barbour's attorney stated that a letter will be coming indicating proof- of-ownership setting forth the various transactions that have taken place with the property. Mr. Barbour will be selling 15 acres to Walter Otto. MOTION: Irsfeld made motion, seconded by Vail, t approve the Land Division for Jeffrey. Barbour to sell 15 acres subject77pproof-of=ownership that meets the satisfaction of the City Attorney. VOTING FOR: LaValle, Irsfeld, Vail VOTING AGAINST: McAllister and Schletty MOTION CARRIED 5.10 Walter Otto - Special Use Permit Mr. Otto, 13264 Isleton Avenue North, would like to construct a 45 x 108 pole barn on 5 acres located in the Agricultural District. The existing buildings located on the property are being used for rental purposes. Mr. Otto stated that he is finan- cially unable to tie both parcels of land (5A & 15A) into one deed. Attorney John- son reviewed Mr. Otto's abstract and because of a discrepancy could not be used as proof-of-ownership. Mr. Johnson stated that if the application was approved, the building should not be constructed over the property line, and the site plan indicated that it would not be. Otto plans on continuation of the rental business. MOTION: Schletty made motion, seconded by Vail, to grant a Special Use Permit to Walter Otto, 13264 Isleton Avenue North, to construct a 45 x 108 pole barn to be used for agricultural purposes only, subject to proof-of- ownership that meets the satisfaction of the City Attorney. Building to be constructed on 5 acres, and not infringe on 15 acre parcel. VOTING FOR: Schletty, Vail VOTING AGAINST: LaValle, McAllister, Irsfeld MOTION FAILED April 20, 1981 LaValle stated that the rental business has been grandfathered in and is a non- conforming use. Mr. Otto has not indicated any effort to make a conforming use, and could possibly be intensifying a non-conforming use. 7.0 UNFINISHED BUSINESS 7.1 Ron Istvanovich - State Fire Convention MOTION: Schletty made motion, seconded by Vail, authorizing the Fire Department to send two (2) men to the State Fire Convention, and the city to pay for registration, mileage, and per diem. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED MOTION: McAllister made motion, seconded by Irsfeld, authorizing the Fire Chief to purchase 1i" and 2i" hose in an amount not to exceed $555.00. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED The Fire Chief stated that the Fire Department will be looking to purchase approxi- mately 100' of 4" hose in the future, at an approximate cost of $495.00. The FireChief was authorized to take what steps are necessary to have city residents make their house numbers visible to emergency vehicles. 7.2 Summer Youth Program The city has received a letter from Mike Howard at Washington County stating that the Summer Youth Program will again be available the summer of 1981 , and that funding is still available. He would need a commitment from the city by May 8, 1981 . After discussion by the Council, it was determined that a supervisor for the youths would not be available, nor money set to pay his salary. MOTION: McAllister made motion, seconded by Irsfeld, that the City Clerk be directed to send a letter to Mike Howard stating that the City of Hugo will not uti- lize the Summer. Youth Program for the year 1981 . Like all municipalities, there is a lack of knowledge of what our revenue will be in the future. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED 9.0 CLERK The Clerk was instructed to notify the White Bear Counseling Service that the city would not be interested in their appearance at a Council :meeting. MOTION: LaValle made motion, seconded by McAllister, that the Clerk be instructed to advertise for bids for the existing amount of liability insurance. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED April 20, 1981 MOTION: LaValle made motion, seconded by McAllister, to approve the request of NSP to install gasv mains per Job Order G-630398. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED MOTION: Irsfeld made motion, seconded by LaValle, to set a Special Meeting of the City Council for April 29, 1981 , at 7:00 PM, to discuss the city's financial statement, and any related matters, with the city auditor, Don Anfinson. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED 8.0 NEW BUSINESS 8.1 Washington County Sheriff's Contract The City Attorney reviewed the pro used contract as submitted by Washington County. He noted that certain changes hadeen incorporated that had been agreed upon with the County Attorney. LaValle instructed Mr. Johnson to draft a letter to Mr. Kelly to try and have this matter resolved. McAllister stated that he had a problem with the cost of the contract for 1981 . After checking with some surrounding communities, it was his opinion that Hugo was spending too much money for its con- tract. He felt that the city should be looking at a possible joint contract and reduced hours. Irsfeld felt that the city was committed to the contract for 1981 , but if the city had changes, they be made by June, 1981 , for incorporation into the contract for 1982. MOTION: Irsfeld made motion, seconded by Vail, that the City Attorney draft a letter to the County Attorney, with a copy to Duane Spoors, explaining the differences between the 1980 contract and the proposed 1981 contract. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED MOTION: McAllister made motion, seconded by Schletty, that Councilmen Deane Vail, Larry Irsfeld, and Mike McAllister be appointed to a committee to study cost proposals for the 1982 contract, and explore joint contracts with surrounding communities. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED 10.0 MISCELLANEOUS Engineer Kuusisto and Councilman Schletty had reviewed the Brevig dike, in response to some complaints by Mr. Brevig. Kuusisto stated that he will personally contact Brevig try and get all matters taken care of. Attorney Johnson stated that he has taken steps to terminate the reconciliation procedure and that Hugo now has a Systems Statement. April 20, 1981 Attorney Johnson had discussed the Howard Moe subdivision with Mr. Hiniker. Mr. Hiniker was wondering whether they could waive the requirement for a topog and preliminary drawing for the subdivision. Johnson referred his request to Rice Creek depending on what their= requirements will be. Kuusisto felt that there should be some kind of drainage plan indicated for the city records. MOTION: Irsfeld made motion, seconded by McAllister, to extend the meeting passed 11:00 PM. All aye. Motion Carried. MOTION: Irsfeld made motion, seconded by Schletty, to adjourn at 11 :06 PM. All aye. Motion Carried. Carol A. Williams, Clerk/Treasurer City of Hugo