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HomeMy WebLinkAbout1981.10.19 CC Minutes MINUTES OF THE PROCEEDINGS OF THE HUGO CITY COUNCIL October 19, 1981 The meeting was called to order by Mayor Marvin LaValle at 7:01 PM. PRESENT: LaValle, McAllister, Schletty, Irsfeld, Vail 3.0 APPROVAL OF MINUTES MOTION: Irsfeld made motion, seconded by Schletty, to approve the minutes of October 5, 1981 , as submitted. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED MOTION: Irsfeld made motion, seconded by McAllister, to approve the minutes of the Special Meeting of October 7, 1981 , as submitted. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOT(ON CARRIED 4.0 APPROVAL OF CLAIMS MOTION: McAllister made motion, seconded by Irsfeld, to approve the General Claims for October 19, 1981 , with the addition of the following: White Bear Animal Control - $25.00 VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED MOTION: Irsfeld made motion, seconded by Vail, to approve the Utility Claims for October 19, 1981 , with the possible elimination of $783.00 for transfer of funds: depending on bank error or posting error. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED 5.0 PETITIONS, REQUESTS, COMMUNICATIONS & LICENSES 5.1 Windsor-Gro - Renew of Mobile Home Permit MOTION: McAllister made motion, seconded by Vail, to grant a renewal of the Mobile Home Permit for Windsor-Gro, 17385 Forest Blvd. , under Chapter 40, Article III, Subdivision D, for a period of ninety days. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED 5.2 Randall Irving - Renew of Mobile Home Permit MOTION: Irsfeld made motion, seconded by Schletty, to grant a renewal of the Mobile Home Permit for Randall Irving, 12870 Henna Avenue, under Chapter 40, Article III, Subdivision B, for a period of ninety days. The Building Inspector was present, and stated that although a valid Building Permit has been by Mr. Irving, he had not started construction. Permit originally granted July 21 , 1980, with a duration of two years maximum. Mr. Crever is to check on the matter, and make a report at the time of next renewal (January 21 , 1982) . October 20., 1981 Randall Irving - cont. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED 5.3 George Indykiewicz - Mining Permit Mr. Kuusisto has inspected the area and the found the pit to be in excellent condition. LaValle stated that this would probably be the last renewal for Mr. Indykiewicz, as he is phasing out the pit. MOTION: McAllistermade motion, seconded by Irsfeld, to grant a Mining Permit to George Indykiewicz, Brighton Excavating, until November 1 , 1982. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED 5.4 Oliver Reimer - Variance and Site Plan Approval Mr. Reimer, 14125 Irish Avenue, is proposing the construction of a 24 x 40 pole barn for his personal storage. The barn would be constructed closer to the front lot line than the principal structure, requiring a variance. MOTION: Irsfeld made motion, seconded by McAllister,. to approve the variance request of Oliver Reimer, 14125 Irish Avenue, to construct an accessory building closer to the front line 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 Oliver Reimer to construct a 24 x 40 pole barn for his personal storage only. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED 5.5 Tim Wright - Site Plan Approval Mr. Wright, 12133 Everton Avenue, is proposing the constructing of an 18 x 26 accessory building for personal use. The application had stated a garage, but Mr. Wright stated that the primary use of the building would be for storage and not parking of vehicles. MOTION: McAllister made motion, seconded by Vail, to approve the Site Plan for Tim Wright, 12133 Everton Avenue, to construct an 18 x 26 accessory building for personal use only. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED 5.6 Richard Vail - Extension for Shamrock Glen Subdivision Mr. Vail was present and verbally requested a 60 day extension on the proposed subdivision. Vail inquired as to whether he would be required to drain the Olinger property abutting the road to his subdivision. He was quoted a price of $6,000 October 19, 1981 to have the work done. Washington County has requested a letter from the city clearing them of any responsibility. Kuusisto suggested two alternatives to the installation of a pipe: 1 ) installation of a dry well, or 2) an agreement from the property owner (Olinger) stating there will be no complaints from them regarding the ponding. Irsfeld stated that a restrictive covenant to the deed would be needed in case of any future sale of the Olinger property. Attorney Johnson stated that this would not solve the problem, but would give the city legal leverage. LaValle stated the problem could be addressed and hopefully resolved, within the requested 60 day extension. MOTION: McAllister made motion, seconded by Irsfeld, to grant an extension for the Shamrock Glen subdivision until December 7, 1981 , at the applicant's request. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED The applicant did submit a written request substantiating his verbal request. 5.7 Francis Peltier - Land Division MOTION: Irsfeld made motion, seconded by McAllister, to approve the Land Division for Francis Peltier, 13094 Goodview Avenue, to divide 20 acres into two 10 acre parcels, per the submitted Certificate of Survey. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED 5.8 Macklin, Beeman - Minor Subdivision The Minor Subdivision is needed to divide Parcel D from Parcel C, because of an encroachment. Mr. Johnson reviewed the submitted Certificate of Survey and deed, and gave them his approval. MOTION: Irsfeld made motion, seconded by LaValle, to approve the Minor Subdivision of Dennis and Linda Macklin and Gayle Beeman, to divide Parcel D from Parcel C, reason being encroachment of existing buildings over the property line. The deed has appropriate restriction that Lot D is not a buildable lot. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED 5.9 Energy Savers - Letter of Credit A letter of credit, in the amount of $14,000, has been submitted by Dennis Johnson, Energy Savers, and will be held by the city until he can obtain a performance bond. These financial guarantees are for the reroofing work to be done on City Hall. Mr. Johnson understands that there will be minimal pay out until the performance bond is received by the city. MOTION: LaValle made motion, seconded by Irsfeld, that Dennis Johnson, doing business as Energy Savers, be allowed to temporarily substitute a Letter of Credit for a performance payment bond. The Letter of Credit will be in force until the performance payment bond is received by the city. The city will sign the contract documents and the City Engineer will notify the contractor to proceed. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED October 19, 1981 James Hehn - House plans for 816 square feet Mr. Hehn, son-in-law of Marlowe Lindau, is proposing the construction of an 816 sq ft house on property recently divided by Mr. Lindau. The Planning Commission had discussed this matter at their meeting, and determined that a finished base- ment could be considered in the square footage (ord requires 960 sq ft) . Mr. Crever was present, and stated that he has been interpreting the ordinance that the main floor of a single family dwelling should consist of a minimum of 960 sq ft. , (single story house) . It was the concensus of the Council that the Building Inspector's interpretation was correct and valid. There was much dis- cussion about the definition. of a basement and percent of grade. Mrs. Peltier was present, and inquired about earth homes and how they meet the grade requirements. LaValle stated that the ordinance is not clear when considering requirements for earth homes. As a solution to the problem, it was suggested that Mr.Hehn raise his house so that it is out of the ground 4 feet solving the grade problem, and maybe a possible water problem, because of the contour of the land. Richard Granger - George King Property Mr. Granger has recently purchased the King property from Washington County. The lot is presently zoned CB, and Granger has applied for a rezoning to SFU. The lot would also need a variance for square footage (8,000 instead of required 10,400) . LaValle stated that some time ago he had dealt with Washington County regarding this piece of property. The county supposedly would keep the lot in lieu of the city waiving the sewer assessment and abatement of a nuisance bill for cleanup after a fire. There was nothing ever documented to prove that this actually happened, and Mr. Granger has since purchase the property from the county. The city was rather reluctant to see the lot improved because of the lack of sight for the railroad tracks abutting the property. Mrs. Peltier felt that the city would be creating a substandard lot in the SFU zone if the rezoning request was approved. There was much discussion and review of ordinances regarding substandard lots. You cannot create a substandard lot in subdivision, but no one could locate any reference to .that in the rezoning requirements. Granger felt that he would have less opposition from the neighbors for a residence rather than a commercial business. He stated that he would construct the house in such a way as to provide the best line of vision for motorists. Irsfeld questioned whether the city should even be involved with the sight problem. Kuusisto stated that where safety is involved, tlecity is involved. There was discussion about rezoning the entire from CB to SFU. LaValle stated that Metro required the land abutting the railroad tracks to be zoned CB for approval of ourComprehensive Plan. McAllister stated that it was his opinion that Mr. Granger should continue with his applications for rezoning and variance. He also suggested that Mr.' Granger provide some type of Site Plan for the lot. Mr. Granger stated that he will have the lot staked for property line and the proposed structure so that the Council can make another inspection of the lot. 6.0 ORDINANCE AND RESOLUTIONS The council stated that the Ordinance Committee should be looking at the following changes: 1 ) moving in homes, 2) construction standards (exterior) , and 3) re- quirements for earth homes. 7.0 UNFINISHED BUSINESS No discussion. October 19, 1981 8.0 NEW BUSINESS No discussion 9.0 CLERK McAllister stated that he will talk to Jim Wisner regarding what the city expects from him for the cleaning of City Hall. The clerk asked the Council whether they will be considering the hiring of a part-time bookkeeper. It was the concensus of the Council that this was a dead issue. McAllister felt that the city should be looking at the hiring of an administrator in 1983 when Mayor LaValle's term will expire; the city will be losing its admi- nistrator. MOTION: LaValle made motion, seconded by Irsfeld, to set a Special Meeting for November 19, 1981 , at 7:00 PM, for the purpose of discussion of administration and reorganization. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED ARMON SEPTIC SYSTEM LaValle stated that Rice Creek has given Arnold Monson until November 1 , 1981 , to get the septic system problem resolved at the Doug Kruse property on Ingersoll Avenue. He did not feel that the city could take any action on the matter until after that date. The city cannot draw on the bond until the system is installed by the city and the bills submitted to the bonding agency. MOTION: Irsfeld made motion, seconded by Schletty, to table this matter until the meeting of November 2, 1981 . VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED MOTION: Irsfeld made motion, seconded by Schletty, to adjourn at 10:35 PM. All aye. Motion Carried. Cwt ' a (-LL.. :t C sy Carol A. Williams, Clerk/Treasurer City of Hugo