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HomeMy WebLinkAbout1981.06.15 CC Minutes r MINUTES OF THE PROCEEDINGS OF THE HUGO CITY COUNCIL June 15, 1981 The meeting was called to order by Mayor LaValle at 7:00 PM. PRESENT: LaValle, McAllister, Schletty, Irsfeld, Vail 3.0 APPROVAL OF MINUTES MOTION: Irsfeld made motion, seconded by McAllister, to approve the minutes of June 1 , 1981 , as submitted. 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 for June 15, 1981 , with the omission of claim for The League of Minnesota Cities in the amount of $1 ,322.00. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED MOTION: Vail made motion, seconded by Irsfeld, to approve the Utility Claims for June 15, 1981 , as submitted. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED 5.0 PETITIONS, REQUESTS, COMMUNICATIONS & LICENSES 5.1 Elaine Monitor - Sunshine 4H Club The club has been grooming and maintaining the Brisson cemetery located on 145th Street, and would like to have the site declared an ,historical site for the City of Hugo. Mayor LaValle commended the club's endeavors, and thanked them for their work. McAllister stated that he would work with the club's leaders to determine the course of action required to have site declared historical. 5.2 MR Tourist Camp - Inspection of Nuisance The area will be inspected by Councilman McAllister, and a report will be made at the next regular Council meeting. 5.3 Herbert Simpson - Septic System Violation Mayor LaValle stated that this matter has been resolved, and approved by Tom Crever. MOTION: McAllister made motion, seconded by Irsfeld, to accept the correspondence from Mrs. Simpson, dated June 15, 1981 , and enter into the file along with complaint. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED June 15, 1981 Mayor LaValle stated that when the claim from the inspection is received by the City, a letter can be forwarded by the City Attorney. 5.4 Bruce Myhre - Nuisance Complaint Mayor LaValle had made a late on-siteinspection of the Myhre property, and stated that Mr. Novy has a legitimate complaint (paint fumes) . LaValle stated that the . revocation of a Special Use Permit follows the same process as rezoning (public hearing, notify adjoining property owners., etc. ) . Mr. Novy was present, and stated that Myhre told him that he would install a ventilation or filter system facing to the south to alleviate any fumes from going in the Novy direction. MOTION: McAllister made motion, seconded by Irsfeld, to notify the permit holder (Bruce Myhre) that his Special Use Permit will be subject to special review at the next City Council meeting of July 6, 1981 , at 7:15 PM. Letter to be forwarded by registered mail. VOTING FOR: LaValle, McAllister, Schietty, Irsfeld, Vail MOTION CARRIED 5.6 Wayne Bjorum - Land Division Mr. Bjorum is proposing the sale of 20 acres in the Conservancy zone. Proof of ownership was provided to the satisfaction of the City Attorney. The Certificate of Survey includes a strip of land for driveway purposes, and should have a re- strictive covenant attached indicating such, and not to be used as buildable lot. The survey submitted indicates two parcels but will be corrected to show one 20 acre parcel with the strip of land for a driveway to the Bjorum residence. MOTION: Irsfeld made motion, seconded by McAllister, to approve the Land Division for Wayne Bjorum subject to a drawing from the surveyor combining Parcels A & B and the existing drawing be combined into one parcel. Parcel shown as Parcel C should have a restrictive covenant stating that it is not a buildable lot in the City of Hugo and for driveway purposes only. VOTING FOR: LaValle, McAllister, Schietty, Irsfeld, Vail MOTION CARRIED 5.7 Jeff Barbour - Amended Special Use Permit and Letter of Credit At this time, Mr. Barbour has not submitted his application for an Amended Special Use Permit for the inclusion of Item 15. His Letter of Credit, in the amount of $5,000.00. covering Items 1 , 2, and 3 of the permit, will expire June 28, 1981 . The attorney had received a copy of a deed submitted to the clerk's office for her signature, for property on which the house of Joyce Barbour is located. Joyce Barbour is a separate ownership, and not a part of the kennel operation. MOTION: Irsfeld made motion, seconded by Schletty, that Mr. Barbour's Letter of Credit, in the amount of $5,000.00, be extended until December 31 , 1981 , at which time phase 2 is to be completed. If not completed by this time, the whole Special use Permit will be null and void per Item 14 of Amended Special Use Permit #2, dated October 6, 1980. If the extended Letter of Credit is not received by June 24, 1981 (12:00 noon) , the City Clerk is directed to draw on the Letter of Credit. VOTING FOR: LaValle, McAllister, Schietty, Irsfeld, Vail MOTION CARRIED (71 June 15, 1981 Jeff Barbour - cont. MOTION: McAllister made motion, seconded by Schletty, that the application for an Amended Special Use Permit be tabled until the fee is paid. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED MOTION: LaValle made motion, seconded by McAllister, that a. letter be sent to Jeff Barbour stating that we have a deed submitted for signature by the clerk's office and we have no application for Land Division, The City cannot, sign the deed because of no proof of ownership or Certificate of Survey. If this property affects the existing Benson Kennel 117 acres covered by the Special Use Permit, an Amended Special Use Permit will also be needed. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED 5.5 John Kostuch - Minor Subdivision Mr. Kostuch is proposing the sale of a 37'x 284.40'strip of land to VanGo to correct a construction error and enable them to meet the setback requirements. MOTION:. McAllister made motion, seconded by Vail, to approve the Minor Sub- division for John Kostuch to deed a 37' x 284.40' strip of land to Van-Go. Let the record show that the building constructed by Van-Go was built across property lines and Mr. Kostuch is selling enough property to meet the required setbacks. The quit claim deed to have a restrictive covenant stating that property is not be considered a buildable parcel of land. Minor Subdivision approved to correct a building construction error and meets the city's setback requirements. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED MOTION: McAllister made motion, seconded by Schletty, that the Planning Commission be notified that the City Council accepts a Contract for Deed with a current title opinion as proof of ownership. VOTING FOR: LaValle, McAllister, Schletty, -Vail , ABSTAINED: Irsfeld MOTION CARRIED 5.8 MarloweLindau - Land Division Mr. Lindau is proposing the division of 12 acres into two parcels (5acres and 7 acres) . The 5 acre parcel would include the existing house, and the other parcel would be used as a new building site. The new building would connect with the sanitary sewer via the manhole located on 8A. Mr. Lindau stated that he has contacted Washington County in regard to the crossing of 8A for the connection. He was informed that the installer would have to be bonded and that he .would require a Utility Permit. LaValle stated that an agreement would have to be drawn up for a point connection, and the assessments would be deferred until a later.: time. A SAC and REC would also have to be paid. LaValle stated that he would draw up the necessary paper. Reference previous action taken on the Bruce Charpentier matter. June 15, 1981 Marlowe Lindau - cont. MOTION: Irsfeld made motion, seconded by Schletty, to approve the Land Division for Marlowe Lindau to divide 12 acres into 5 and 7 acre parcels. The 7 acre parcel to have an agreement between theproperty owner and the City of Hugo and shall be recorded with the deed. The agreement to cover future assessments applicable to that lot and that that piece of property (the easterly lot) will have access to the sewer system to the manhole located on County Road 8A. The assessment on subject piece of property will be paid at such time as the sewer is extended. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED CRAIG GREEDER - SPECIAL USE PERMIT Mr. Greeder submitted proof of ownership on his 10 acres to construct a 50 x 80 pole barn for his commercial tree operation. Barn exceeds the maximum square footage in the AG zone, thereby necessitating a Special Use Permit. MOTION: Irsfeld made motion, seconded by Vail, to grant a Special Use Permit to Craig Greeder to construct a 50 x 80 pole barn to be used for storage of equipment needed for his commercial tree business. The reason for Special Use Permit is that building exceeds 3600 sq footage allowed in AG zone. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED Mr. Greeder to provide a letter from the fee owner, Rudolph Hartleben, stating that he has no objection to Mr. Greeder constructing the building as requested. MOTION: Irsfeld made motion, seconded by Vail, to rescind previous motion. All aye. Motion Carried. MOTION: Irsfeld made motion, seconded by Vail, to grant a Special Use Permit to Craig Greeder to construct a 50 x 80 ple barn to be used for storage of equipment needed for his commercial tree business. The reason for Special Use Permit is that building exceeds 3600 sq footage allowed in AG zone. Mr. Greeder will furnish the City with statement from Mr. Rudolph Hartleben that he grants permission for Mr. Greeder to build... a pole barn on the property. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld,Vail MOTION CARRIED 5.9 Bruce Taylor, - Discussion on Land Use The realtors involved in the sale of property owned by Schilling and Weaver were present, and stated that the land would be used for a small office in the front portion of the new building, and semi-trailers will be repaired in the back. It was finally determined that the land is zoned RB, and would require a rezoning to Industrial to allow the requested use. There were advised to appear before L. June 15, 1981 Bruce Taylor - cont. the Planning Commission when they have the following information: 1) proof of ownership. If Schilling and Weaver are not the fee owners, subdivision will be required. If they are the fee owners, apply for rezoning and Special Use Permit. 2) site plan, 3) Certificate of Survey, 4) permit from Rice Creek (building to be I ' above 100 year flood plain) ,. 5) drainage plan. 5.10 Washin6ton County Maintenance Agreement MOTION: Irsfeld made motion, seconded by Schletty, that the City of Hugo sign the Washington County Maintenance Agreement for the calendar year 1981 , sub- ject to the addition of the following to Section 1 , #1 : "as requested by the officer of said Municipality in charge of said streets and roads." A cover letter to be sent explaining to Washington County that addition has been made. Letter to include a request from the county that they furnish the city with a current hourly wage schedule. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED 6.0 ORDINANCES AND RESOLUTIONS 6.1 Report from Ordinance Committee - 1:30 AM Closing The Ordinance Committee recommended that the Ordinance 145 not be repealed but amended to allow for the serving of food at any time, but no sale of liquor when not allowed. MOTION: Schletty made motion, seconded by Vail, that the. City Attorney be directed to draft an amendment to allow-for restaurants to stay open for the ser- vice of food outside the hours specified by Statute for the hours of service of alcoholic beverages, and amend the Sunday sale hours to comply with state law. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld,Vail MOTION CARRIED CHANGE IN STATE STATUTE (SUBDIVISION) There was no report from the Ordinance Committee regarding this matter. 7.0 UNFINISHED BUSINESS 7. 1 Salary Review MOTION: McAllister made motion, seconded by Vail, that the salary review be tabled until the Special Meeting of June 16, 1981 . VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail. MOTION CARRIED 7.2 Crosswalk on Highway 61 Councilman McAllister met with a representative from the State Highway Department regarding the installation of a crosswalk at either 145th Street or 146th Street. n " June 15, 1981 Crosswalk - cont. The rep stated that the highway department does not feel a crosswalk would serve the purpose intended (slow down traffic) . New poles and service would cost the city $6,000 or more. If existing pole and service utilized, cost would be appro- ximately $2,500. The city would bear 100% of the cost. McAllister did not in- quire about a crosswalk mid-block. LaValle inquired what affect the state's project for the removal of hazards would have on this project. MOTION: LaValle made motion, seconded by Schletty, to table this matter until the. 2nd meeting in August (8/17/81) . Councilman McAllister directed to find out -how new state project for the removal of state right-of-way hazards would effect the crosswalk matter. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED COMPREHENSIVE PLAN The city has not received comments from the surrounding communities as of this date. However, this should not prohibit the city from submitting the plan to Metro Council by July 1 , 1981 . Attorney Johnson will take care of the matter of the approval page.. If desired, the city could attach their Resolutions regarding proposed landfill sites in the City of Hugo as appendixes. 7.3 Bald Eagle Industrial Park - Project 8102 Councilman Irsfeld obtained the finance details for this project as previously requested. The city would sell a 3 year bond based on an. nterest rate of appro- ximately 9 - 10%. There was some question as to whetherclsh&uld sell a 3 year bond, then sell again for 7 years or another 3 years. Irsfeld stated that the city should attempt to keep the bond attractive. MOTION: Schletty made motion, seconded by LaValle, to extend meeting passed 11:00 PM. All aye. Motion Carried. MOTION: LaValle made motion, seconded by Schletty, to set a Special Meeting of the City Council for June 22, 1981 , 1981 , at 7:00 PM, for the purpose of discussion of Project 8102 (financing and costs) with the affected property owners. Registered letters to sent to the property owners stating that a lack of appearance will be an indication that they are in agreement with the project. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED 8.0 NEW BUSINESS - No discussion 9.0 CLERK - No discussion 10.0 MISCELLANEOUS Attorney Johnson stated that a meeting has been schedule at City Hall, June 23, at 9:30 AM, with NSP and Mr. Stanek. June 15, 1981 Attorney Johnson stated that Mr. Vail would like to set a informal meeting to discuss the development agreement for the Shamrock Glen subdivision. LaValle instructed Johnson to tentatively schedule the meeting for the morning of June 23, depending on a possible conflict with a previous commitment. ' Andy Goiffon had contacted Mayor LaValle about the possible removal of the city's gravel from his property in 90 days. Councilman Schletty will check with Washing- ton County to see what their schedule is for the graveling of city roads. He will contact Mr. Goiffon and report at the next meeting. Mayor LaValle and Councilman McAllister attended the last Rice Creek Watershed meeting to inquire about Rice Creek working with the city in doing some soils work at the city's proposed landfill sites. They stated they were receptive to this idea. There were no cost figures available. On on-site inspection was made by the City/or tniee Aom rmon septic system at the Doug Kruse property, and it was determined that the system is not working. Rice Creek has asked Mr. Monson to provide quarterly reports and prove to them that the system is working. Hugo has to work with Rice Creek to get the matter re- solved because the bond from Armon System is made in favor of the city and Rice Creek. Attorney Johnson suggested that the city keep an engineering record of deficiencies from both agencies so that the bond can be called if Mr. Monson cannot make the system work. MOTION: LaValle made motion, seconded by Schletty, that the City Clerk send a letter to Howard Kuusisto asking him to make an engineering report on the Doug Kruse property, as per our inspection of June 3, 1981 . Report to be submitted to the City Clerk's office at his earliest con- venience. Mr. Kuusisto's report to be submitted to Rice Creek Watershed with a transmittal letter asking that they keep the city advised of any correspondence relating to this matter and we will do likewise. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED MOTION: Irsfeld made motion, seconded by Schletty, to adjourn at 11 :30 PM. All aye. Motion Carried. 6-(1 Carol A. Williams, Clerk/Treasurer City of Hugo