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HomeMy WebLinkAbout1997.07.21 CC MinutesMINUTES FOR THE HUGO CITY COUNCEL MEETING OF JULY 21. 1997 The meeting was called to order by Mayor Fran Miron at TOOPM. PRESENT: Barnes, Goiffon, Johnson, Leroux, Miron City Administrator, Robert Museus City Attorney, Greg Gailer City Engineer, Tom Angus Leroux made motion, Goiffon seconded, to approve the following Consent Agenda: City Council minutes for July 7, 1997 City Council minutes for July 16, 1997 General claims for July 21, 1997 All aye. Motion Carried. CONTINUATION OF CR SA ASSESSMENT HEARIN- On June 16, 1997, the City Council conducted a hearing on proposed assessments for the i*nprovement of CR 8A, between. TH 61 and Goodview Avenue. A number of residents questioned their assessments, or had concerns regarding the quality of the work performed. In order to allow time for the City Engineer to meet with concen:ed residents, and view the construction problems, the City Council tabled action on the assessment roll until this meeting. The City Engineer informed the Council that Washington County, who was responsible for the construction work, had not had an opportunity to review the situation. Mr. Lary Hanson, attorney representing Harold and Nancy Bramstedt, questioned the assessment on Parcels 93029-2350 and 93029-2450. Mr. Louis Bailey, who recently sold a property subiect to the assessment, also questioned the value increase on the property he formerly owned, for which he is liable for the assessment. Based on the information received, the following motion was made: Leroux made motion, Barnes seconded; to adopt RESOLUTION 1997-14, A RESOLUTION ADOPTING ASSESSMENTS FOR THE C.R. 8A PROJECT. Approval is subject to the following: 1. The assessment for Parcel 93029-2350 be adjusted to $4,850.00 2. The City is to have an appr6sal performed on the former Bailey property to determine the benefit received from the improvements. Such appraisal is to be returned to the Council at their meeting of August 18, 1997. VOTING AYE. Banes, Goifron, Johnson, Leroux, Miron Motion Carried. City Council meeting of July 21, 1997 Page 2 ALLEGED LIQUOR LICENSE AND SUP VIOLATION A hearing was scheduled for June 16,1997 to consider allegations that Robert McElmury, dba Bobber's Boats and Bait, 4444 129th Street, violated the conditions of the City's Liquor License Ordinance and the site's SUP by allowing customers or other nonemployees to remain on the premises more 30 minutes after its established closing time. It is also alleged that uses took place on the property which were not allowed by terms of the SUP agreed to between the City and Mr. McElmury. It is alleged that each of these violations occurred on May 10, 1997. At the request of the property owner, the hearing was postponed until this meeting. Based on the City Attorney's letter of June 24,1997, the following motion was made: Miron made motion, Leroux seconded, to withdraw the allegation of the violation of the liquor license from consideration since the alleged violation occurred on May 10, 1997, and Mr. McElmury was not actually issued a license until May 19, 1997. All aye. Motion Carried. Timothy Dunn, an attorney represented Mr. McElmury before the Council. Mr. McElmury stated that May 10th was opening day for fishing, and that he was being assisted in the operation of his facility by family members and three employees. Following closing of the facility at 9:00PM, the family members assisted him in removing and storing motors from the boats at his business, as well as cleaning up the site and the equipment. Kevin and Sherry Jechorek, relatives of Mr. McElmury, stated that they had brought the beer that was being consumed at the site, and they were, basically, having a refreshment after a "hard day's work". Following receipt of all testimony, the following motion was made: Leroux made motion, Goiffon seconded, that the Council make a finding that it has not been proved that Bobber's Boats and Bait violated the terms of the SUP on May 10, 1997, allowing uses to occur on the property which were not permitted under the terms of the SUP. VOTING AYE: Barnes, Goiffon, Johnson, Leroux, Miron Motion Carried. PURCHASE AGREEMENT (LINDEN PROPERTY) The Council considered a Purchase Agreement for the City's acquisition of approximately six acres of property owned by Rosemary Linden, as prepared by Mr. Robert Briggs of the City Attorney's law firm. The purchase price of the property of $213,966.72 was arrived City Council meeting of July 21, 1997 Page 3 at based on appraisal of adjacent industrial property, and the City Assessor's established value of the buildings on the site. Barnes made motion, Goiffon seconded, to approve the Purchase Agreement and acquire the Linden property subject to the following conditions: 1. A Title Opinion or Policy of Title Insurance, approved by the City Attorney. 2. The owner of the property providing the City the requisite notices for lead paint, septic systems, and wells that might be located on the site. VOTING AYE: Barnes, Goiffon, Leroux, Miron VOTING NAY: Johnson Motion Carried. REEVIBURSEMENT RESOLUTION The Council considered a Resolution establishing procedures relating to the compliance to the reimbursement bond regulations and the internal revenue code in order for the City to reimburse itself from TIF proceeds for the purchase of the Linden property. Leroux made motion; Barnes seconded, to adopt RESOLUTION 1997-15, A RESOLUTION ESTABLISHING PROCEDURES RELATING TO COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE. VOTING AYE: Barnes, Goiffon, Leroux, Miron VOTING NAY: Johnson Motion Carried. TIRE PILE COMPLAINT (16813 FOREST BLVD.) The Council received a letter from the City's Fire Chief expressing concern regarding the number of tires stored at the above property. He estimates that there are approximately 20,000-25,000 tires at this location, and is concerned that some of these tires that are stored in wooded areas present a serious fire hazard. He also expressed concern regarding the potential health risk to the community posed by the accumulation of stagnant water in the tires. The previous operator of this site, Mr. Roger Dupaul, had informed the Council that he was working with the MPCA's Waste Tire Abatement Program to have the tires removed from the site. This never occurred. The new operator of the site, ARK, has recently submitted an application for an Auto Dismantling License. Based on staff's recommendation, the following motion was made: City Council meeting of July 21, 1997 Page 4 Miron made motion, Leroux seconded, to send a letter to ARK stating that the City will not issue an Auto Recycling License for the site until the waste tires, left on the site by the previous owner, are removed. All aye. Motion Carried. HOMESTEAD AVENUE PARKING PLAN At the City Council meeting of July 7, 1997, the City Council considered a complaint from a property owner adjacent to the cul-de-sac at the north end of Homestead Avenue, near Sunset Lake. The complaint alleged that vehicles were parking in the cul-de-sac, blocking the access to people's properties, and the Fire Department indicated that there was a concern regarding responding to emergencies in the area. The Council directed the City Engineer to prepare a parking plan for Homestead Avenue, with the intent of maintaining public access to the waters, but insuring safe access along Homestead Avenue/ I30th Street. The City Engineer informed the Council that both the cul-de-sac and the street in the area were. undersized according to the City's current standards, and recommended painting parking stalls along in the cul-de-sac to control the parking. Residents in the area, including Mr. And Mrs. James Alford, Mr. Richard Charest, and Mr. John Rosson expressed concerns regarding the safety of the Engineer's proposed plan given that the small dimensions of the cul-de-sac, and the probably blockage of the egress to the cul-de- sac by parked vehicles. Following discussion, the following motion was made: Miron made motion, Barnes seconded, to post NO PARKING TOW AWAY ZONE signs on the cul-de-sac on 130th Street and the east side of Homestead Avenue. The Sheriffs Department to be informed to increase patrol in the area, to enforce trapping of parking regulations, and request that the Park Planning Committee review the limited access to the site. All aye. Motion Carried. Ms. Diane Culhane informed the Council that she thought that the bank along 125th Street and Sunset Lake was being eroded, and requested the City do something about it. Miron made motion, Leroux seconded, directing the City's Maintenance Supervisor to contact Ms. Culhane and review the situation. All aye. Motion Carried. City Council meeting of July 21, 1997 Page 5 DRAIN TILE COMPLAINT (8086165TH STREET) The City received a complaint from Mr. Larry Nuorala, 8086 165th Street, regarding the drain tile system that runs across his property and feeds into Hardwood Creek. He alleges that the system was installed as a private system in 1914 to drain his land, but it now drains adjacent properties and the City street. The drain tile no longer is functioning adequately and needs to be repaired or replaced. Mr. Nuorala is requesting City assistance in this project. Both Peter Willenbring and Tom Angus, engineers for the City, have reviewed the site, and the City Attorney, provided the Council, by letter, a legal opinion on the City's responsibility on this issue. Barnes made motion, Leroux seconded, that the City Engineer be directed to negotiate a solution to this matter with Mr. Nuorala and adjacent property owners, subject to a cap on - City expenditures of $3,000 for the construction of any improvements on the site. All aye. Motion Carried. REQUEST TO HIRE EMPLOYEES The Council the recommendation of the City Administrator regarding reorganization of the City Clerk's office by increasing the staffing levels of the office, as well as a request for authority to advertise to fill the positions recommended. These positions include the Clerk becoming a full-time position, the hiring of a part-time Deputy Clerk, and the hiring of a part-time Office Assistant, in accordance with the job descriptions presented to the Council. Miron made motion, Leroux seconded, to authorize the advertisement of the position vacancies, as requested. All aye. Motion Carried. PERSONNEL POLICY At the Council meeting of July 7, 1997, the Council tabled action on a revised Personnel Policy for the City. The matter was returned to the Council's attention. Leroux made motion, Barnes seconded, to adopt RESOLUTION 1997-16, A RESOLUTION ESTABLISHING PERSONAL LEAVE HOURS ACCRUED BY EXISTING CITY EMPLOYEES. VOTING AYE: Barnes, Goiffon, Johnson, Leroux Mi -iron Motion Carried. City Council meeting of July 21, 1997 Page 6 Barnes made motion, Leroux seconded, to adopt the revised Personnel Policy as proposed. All aye. Motion Carried. Leroux made motion, Goiffon seconded, to adjourn at 10:55PM. All aye. Motion Carried. Robert A. Museus City Administrator