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HomeMy WebLinkAbout1981.11.16 CC Minutes MINUTES OF THE PROCEEDINGS OF THE HUGO CITY COUNCIL November 16, 1981 The meeting was called to order at 7:00 PM by Mayor Marvin LaValle. PRESENT: LaValle, McAllister, Irsfeld, Schletty, Vail 3.0 APPROVAL OF MINUTES MOTION: Schletty made motion, seconded by Irsfeld, to approve the minutes of November 2, 1981 , as submitted. VOTING FOR: LaValle, McAllister, Irsfeld, Schletty, Vail MOTION CARRIED 4.0 APPROVAL OF CLAIMS MOTION: McAllister made motion, seconded by Irsfeld, to refund $50.00 to Richard Granger, for the withdrawn rezoning applications. VOTING FOR: LaValle, McAllister, Irsfeld, Schletty, Vail MOTION CARRIED MOTION: Irsfeld made motion, seconded by. McAllister, to approve the General Claims for November 16, 1981 , as submitted. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED MOTION: Vail made motion, seconded by McAllister, to approve the Utility Claims for November 16, 1981 , as submitted. VOTING FOR: LaValle, McAllister, Irsfeld, Schletty, Vail MOTION CARRIED MOTION: McAllister made motion, seconded by Vail, to make an addition to phe General Claims of $14,959.65 in favor of Energy Savers. VOTING FOR: LaValle, McAllister, Irsfeld, Schletty, Vail MOTION CARRIED MOTION: McAllister made motion, seconded by Irsfeld, to approve Change Order #2, in the amount of $630.00, for Project 8118. VOTING FOR: LaValle, McAllister, Irsfeld, Schletty, Vail MOTION CARRIED Change Order #2 paid from their Invoice #2589. MOTION: Irsfeld made motion, seconded by Schletty, to amend motion on General Claims making General Claims a total of $5151 .13. VOTING FOR: LaValle, McAllister, Irsfeld, Schletty, Vail MOTION CARRIED November 16, 1981 5.0 PETITIONS, REQUESTS, COMMUNICATIONS & LICENSES 5.1 Alvin Olsen - Site Plan Approval MOTION: Schletty made motion, seconded by Vail, to approve the Site Plan for Alvin Olsen, 14951 Foxhill, to construct a 10 x 16 accessory building to be used for hobby purposes. VOTING FOR: LaValle, McAllister, Irsfeld, Schletty, Vail MOTION CARRIED 5.2 Charles Shubat - Special Use Permit MOTION: McAllister made motion, seconded by Irsfeld, to approve the Special Use Permit for Charles Shubat, to sell Christmas trees on land located at 14530 Homestead Avenue, from now until December 31 , 1981 . VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED 5.4 Jeff Barbour - Land Division and Expiration of Letter of Credit ( 12/31/81 ) Mr. Barbour is looking for approval of Land Division for/residence of Joyce Barbour. LaValle was concerned with the fact that the kennel and the residence use the same easement for access to their property. There is potential for a problem in one or the other were ever sold. LaValle felt that a maintenance agreement, similar to the Dole-Bergman agreement, should be submitted. The Council felt that Mr. Bar- bour should describe the 33' easement on the deed to be recorded to protect himself in any future land divisions. MOTION: McAllister made motion, seconded by Schletty, to table the application until the meeting of December 7, 1981 . VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED 5.5 Thomas LaCasse - Minor Subdivision Mr. LaCasse presented a new survey and corrected deed, reflecting the addition of a 50 x 633 strip to be added to his present property, and a 10 x 100 deleted from his property and sold to the property owner to the south. MOTION: Irsfeld made motion, seconded by Schletty, to approve the Minor Sub- division for Thomas LaCasse, to add a 50 x 633 strip and delete a 10 x 100 strip of land to/from his property. These transactions are reflected on a new deed and corrected Certificate of Survey. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED 5.6 Stephen Chapman - Minor Subdivision Mr. Chapman was looking for a Minor Subdivision to correct a lot line on the land where his house sets. Mr. Chapman stated that he has sold his house, and the future owner was not interested in purchasing any additional land. The house was November 16, 1981 constructed over the property line and the lot line would have to be shifted to accommodate the house and septic system. Mr. Chapman "assumed" that he owned two distinct pieces of property (6 acres each) , and that they were divided in Oneka Township. The deed was recorded in 1966, and had two legal descriptions, which means the land was never officially divided. Attorney Johnson said that the city should be looking at setbacks now, and any variances that would be required. The Certificate of Survey indicates a Parcel A which should be eliminated. Only Parcel 1 and Parcel 2 should be included. MOTION: Irsfeld made motion, seconded by McAllister, to approve the Minor Sub- division for Stephen Chapman, subject to the following: 1. One legal description for Parcel 1 , which is that parcel containing the existing building. 2. A legal description for Parcel 2. 3. Granting of a variance to Parcel 2 for a front setback requiring that the future residence be built at lease 175' behind the cul-de-sac line. 4. Submission of a corrected Certificate of Survey, for the city's records, eliminating all reference to Parcel A. 5. Submission of satisfactory proof-of-ownership. VOTING FOR: LaValle, McAllister, Irsfeld, Schletty, Vail MOTION CARRIED. 5.3 Zimco Wood - Question on Special Use Permit Stan Zimmerman was present and questioned Item 1 of his Special Use Permit relating to signing of the permit within 60 days. The Council stated that the intent of that condition was that the permit and any financial guarantees be submitted within a certain length of time, rather than leaving the permit open-ended. Mr. Zimmerman stated that the bank was not supplying letters of credit for periods longer than 6 - 9 months. The letter of credit submitted expires April 1 , 1982, and Mr. Zimmer- man stated that it will be renewed at that time. ARCHIE AND PAULA POTTER (MCCLOUD PROPERTY) - LAND DIVISION Paula Potter, Mr. McCloud's daughter, is requesting land division so that she can get her deed recorded where their house is being constructed. A survey was sub- mitted showing a split into three parcels, all 10 acres with 300' road frontage. Before land division can be approved, Mrs. Potter is to provide the city with Con- tracts of Deeds to verify they correspond with the parcels divided.. A legal opinion will also be required for the 39 acres for which Mr. Robert McCloud is the fee owner. This matter to be placed on the agenda for meeting of 12/7/81 . 5.7 Liquor Licenses MOTION: McAllister made motion, seconded by Irsfeld, to grant an ON SALE CLUB LICENSE, to AMERICAN LEGION CLUB 620, 5736 147th Street, and a CIGARETTE LICENSE, in the amount of $112.00. VOTING FOR: LaValle, McAllister, Irsfeld, Schletty, Vail MOTION CARRIED November 16, 1981 MOTION: McAllister made motion, seconded by Irsfeld, to grant an OFF SALE LIQUOR LICENSE to GPR & ERA, INC. , DBA: BLACKSMITH LOUNGE, 17205 Forest Blvd. , in the amount of $100.00. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED MOTION: McAllister made motion, seconded by Vail, to grant an OFF SALE LIQUOR LICENSE to ROBERT RICCI DBA RICCI'S SALOON, 14777 Forest Blvd. , in the amount of $100.00. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED SWANNY'S OF HUGO, INC (CARPENTER's) Catherine Anderson is to appear before the Council at the special meeting of November 19, regarding her application-for liquor licenses. MOTION: Irsfeld made motion, seconded by LaValle, to table the application until November 19, at 7:00 PM. City Clerk instructed to contact applicant, Catherine Anderson, to determine how Mrs. Anderson wants license issued. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED MOTION: McAllister made motion, seconded by Irsfeld, to grant an OFF SALE LIQUOR LICENSE to ONEKA HILLS FARMS, INC. , 12010 Keystone Avenue, in the amount of $100.00, and subject to written approval from the Sheriff's office. VOTING FOR: LaVallle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED 6.0 ORDINANCES AND RESOLUTIONS MOTION: McAllister made motion, seconded by Irsfeld, to adopt ORDINANCE 183, AN ORDINANCE AMENDING CHAPTER 314 OF THE HUGO CITY CODE ENTITLED "WATER" BY INCREASING CERTAIN FEES. VOTING FOR: LaVal le, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED 7.0 UNFINISHED BUSINESS MOTION: McAllister made motion, seconded by LaValle, that the 1982 budget be placed on the agenda for the special meeting of November 19, 1981. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED HEC FUZZY EATERY & SALOON - LIQUOR LICENSES Doug Driggs, who has some interest in the business, was present to try and answer any questions relating to the change in liquor licenses for the Melody Lounge. November 16, 1981 Hec Fuzzy - cont. After a lengthy discussion regarding the legalities for the issuance of the liquor licenses, it was determined that the following must be submitted before any licenses can be issued: 1 . Copy of all Contracts for Deedrelating to this property. 2. Copy of assignments 3. Copy of escrow agreement The above agreements are all to be signed. MOTION: Irsfeld made motion, seconded by LaValle, to table the Hec Fuzzy liquor license transfer until the special meeting of November 19, at 7:15 PM. VOTING FOR: LaValle, McAllister, Schletty, IRsfeld, Vail MOTION CARRIED 8.0 NEW BUSINESS 8.1 Fee Schedule Committee Councilman McAllister and Attorney Johnson submitted their proposed changes in the fee schedule for the city. McAllister stated that the change will allow the city to recover all fees for any application. MOTION: Irsfeld made motion, seconded by LaValle, that the necessary draft for the ordinance changes be prepared, and set a public hearing for December 7, 1981 , at 7:30 PM, to consider the proposed change to the Zoning ORdinance. VOTING FOR: LaValle, Mcallister, Schletty, Irsfeld, Vail MOTION CARRIED Councilman McAllister questioned the Council about the sale. of an old oildrum to Dean Atkinson (overhead type). MOTION: McAllister made a motion to notify Dean Atkinson that the oil drum he was interested in can be purchased for $35.00. Mayor LaValle suggested that a fair market price be obtained prior to the sale of the tank. McAllister withdrew his motion. 9.0 CLERK The Clerk inquired about the feasibility of the issuance of Mobile Home Permits on a yearly basis. It has been the experience of the clerk's office that some time is spent on obtaining the $10.00 renewal fee. Mayor LaValle did not feel this to be a good idea, and suggested that a letter be sent to the guilty parties stating that if they do not cooperate, the city will consider increasing the renewal fee. The Clerk received a call from Claude Bloomer regarding parking in front of his residence. He questioned whther the city would be considering no parking on both sides of the street. LaValle felt that this is an enforcement problem, and no parking signs would be a problem for the snowplows. November 16, 1981 MOTION: LaValle made motion, seconded by Irsfeld, to extend the meeting pass 11 :00 PM. All aye. Motion Carried. The Clerk received a call from Rachel Waller regarding the transportation of uncovered diseased trees by her property. Mayor LaValle did believe the city to be located in a controlled zone, where this regulation would apply.. The Clerk was instructed to research the matter, and send a letter to Ms. Waller with her findings. W G REHBEIN MOTION: LaValle made motion, seconded by Irsfeld, that the engineer's estimate #3 for Project 8102 be placed on the December 7th claims. VOTING FOR: LaValle, McAllister, Schletty, Irsfeld, Vail MOTION CARRIED The Clerk received a letter from Wilson Tool regarding the drainage plan in the Bald Eagle Industrial Park. LaValle stated that Mr. Kuusisto has been in contact with the engineers from Rice Creek and Wilson Tool, and suggested that a meeting be scheduled to address a number of problems. The city received a call questioning whether city property could be used as a parking area for people who wish to share rides. Everyone agreed that the facility provided for parking along 35E is a risky proposition. LaValle. asked that Councilman Vail contact Father Tiegles to see if arrangements could be made for the use of churchproperty for this purpose. 10.0 MISCELLANEOUS Kuusisto stated that he should be receiving the results of the borings taken at the Kruse property on Sunset Lake, sometime this week. He stated that we could be looking at a modified mound system and the installation of a new septic tank. It would be a fair guess that the cost of the new system will exceed the bond as provided by Arnold Monson. Attorney has drafted an agreement between Doug Kruse and the City of Hugo, but will add a maintenance c kse to the document. MOTION: Irsfeld made motion, seconded by Vail, to adjourn at 11 :35 PM. All aye. Motion Carried. r r + I Carol A. Williams, Clerk/Treasurer City of Hugo