2006.01.02 CC Minutes - Laserfiche WebLink

Home

City Council meeting of January 3, 2006 Page 6 APPROVE SETTLEMENT AGREEMENT WITH DEAN & RUBY ATKINSON FOR PELOOUIN INDUSTRIAL PARK IMPROVEMENT PROJECT Mayor Fran Miron requested that this matter be removed from the Consent Agenda for discussion. At its November 21, 2005 meeting, Council listened to a brief presentation from staff and Mayor Miron regarding recent meetings held with Dean and Ruby Atkinson regarding the special assessment appeal for the public improvements in the Peloquin Industrial Park. Council agreed to the recommendation from the committee, which would allow the City to settle its lawsuit filed by the Atkinson's against the City for an appeal of the special assessments. City Attorney Dave Snyder has prepared the Settlement Agreement, which has been accepted by both parties, thereby settling the lawsuit for the special assessment appeal against the City. The Agreement stipulates that the Atkinson's will pay to the City the amount of $38,615.25 with other conditions acceptable by the both parties. Mayor Miron thanked the Atkinson's for working with the City to resolve this matter. Miron made motion, Haas seconded, to approve the Settlement Agreement with Dean and Ruby Atkinson for the appeal of special assessments for the Peloquin Industrial Park public improvement project, as amended. All aye. Motion Carried. APPROVE RESOLUTION DENYING CONCEPT PLAN FOR ARCHIES OF MN Council member Frank Puleo requested that this matter be removed from the Consent Agenda for discussion. At its December 19, 2005 meeting, Council listened to applicant Terry Montpetit in his request for a rezoning of the property known at the End Zone for use as a bar/restaurant called Archie's of Minnesota. Mr. Montpetit also request approval of a concept plan for the expanded use of the current End Zone bar. Council denied the zoning application, as well as the concept plan. City Attorney Dave Snyder prepared a resolution for Findings of Fact to deny the concept plan application from Terry Montpetit. Because a similar resolution of denial was adopted on the Consent Agenda, resulting in a lawsuit, Council member Puleo felt that matter should be handled separately. Puleo made motion, Petryk seconded, to adopt RESOLUTION 2006-2 DENYING THE CONCEPT PLAN FROM TERRY MONTPETIT FOR THE DEVELOPMENT OF A BAR/RESTAUTRANT CALLED ARCHIES OF MINNESOTA ON THE END ZONE PROPERTY. VOTING AYE: Granger, Haas, Petryk, Puleo, Miron Motion Carried. REVIEW CITY APPEAL TO METROPOLITAN COUNCIL FOR SYSTEM STATEMENT At its November 7, 2005 meeting, Council accepted staffs recommendation and filed an appeal to the Metropolitan Council for a review and recommendation for changes to the systems statement prepared by Met Council for the City of Hugo's future population and sanitary sewer needs. Council adopted a resolution appealing the statement numbers and directed staff to work closely with Met Council to resolve the issues. CD Director Bryan Bear and City Engineer Jay Kennedy worked diligently with Met