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HomeMy WebLinkAbout1987.03.16 CC Minutes29 MINUTES OF THE PROCEEDINGS OF THE HUGO CITY COUNCIL March 16, 1987 The regular meeting was called to order by Mayor Atkinson at 7:00 PM. PRESENT: Olson, Peltier, Attorney - Charles Johnson Engineer - Howard Kuusisto Administrator - Ken Huber 3. Approval of Minutes Potts, Vail, Atkinson Motion made by Vail, Peltier seconded, to approve the minutes of March 2, 1987, as amended. All aye. Motion Carried. 4. Approval of Claims Motion made by Vail, Peltier seconded, to approve the General Claims for March 16, 1987, in the amount of $92,912.98. All aye. Motion Carried. Motion made by Peltier, Potts seconded, to approve the General Claims for March 16, 1987, in the amount of $221.42. All aye. Motion Carried. PRESENTATION Pat Bantli, City Clerk for Stillwater Township, was present to distribute a copy of the Washington County Recreation/Open Space System Plan Summary for the Council's review. 5.A Texan Bar - Change in Corporate Officers The City of Hugo has received a formal request from Will Harris Investments, Inc., dba The Texan Bar for approval of a change in their corporate structure. In March, 1985, Wilber Harris provided the city with a declaration stating that he was the president and sole stockholder of Will Harris Investment, Inc. Apparently, it is the intent of Mr. Harris to sell 49% of the stock in this corporation to Mr. Donald Bumgarner, 17251 Forest Boulevard, Hugo, Minnesota. As per Minnesota Statute and city policy, all changes in corporate structure effecting the holder of an on -sale liquor license must be reported to the city and approved by the City Council. The Washington County Sheriff's Department has done a background investigation on Mr. Bumgarner, and has indicated that they have no record that he has been convicted, within the past 5 years, of any violation of laws of the State of Minnesota or city ordinances relating to intoxicating liquor. It would appear that based on information provided the city at this time, Mr. Bumgarner would be eligible for holding an on -sale liquor license if the Council chooses to approve this change in corporate structure. We would recommend that if the Council authorizes this change, that it would be with the understanding that all stockholders in the corporation be in compliance with municipal code, Chapter 190-8, dealing with persons ineligible for liquor license. We would also require that the final signed and notorized copies of the Articles of Incorpora- tion and amendments thereto be filed with the City of Hugo within 60 days of this change in corporate structure. 30 March 16, 1987 Attorney James Flannery, representing Will Harris Investments, Inc., was present and stated that Mr. Bumgarner is proposing the purchase of 49% of the corporation. He stated that the Texan Bar has never had a dram shop incident, and was a responsible business in the community. Also present was Gary Thompson, leasee of the kitchen facility at the Texan, and asked that this matter be tabled for 60 days because of possible criminal charges. Mr. Flannery asked that a decision be made prior to April 15th to enable Mr. Bumgarner to use the business for income tax purposes. Motion made by Potts, Peltier seconded, to table the Texan Bar change in corporate structure until the regular Council meeting of 4/6/87. All aye. Motion Carried. 6.A Defective Septic System (Robert Olsen) In February of this year, the city received a complaint from a resident on Bald Eagle Lake regarding a possible defective septic system that may be running into the lake. In following up on this request, the city building inspector, Tom Crever, noted that a defective septic system did exist, and that the property owner responsible for same be notified of the situation. On February 27, 1987, the city sent a letter to Mr. Robert Olsen, 12152 Everton, notifying him of the complaint, and requesting that he appear at the Council meeting of 3/16/87 and explain what steps are being taken to abate this nuisance. Maureen Olsen was present at the meeting and stated that she had the septic system pumped and a new pipe installed which should correct the problem. The city will have its inspector make another on-site inspection to determine if the nuisance has been abated. 7.A Stanek/NSP Right -of -Way Controversy As per Council direction, the city staff has prepared a report that provides factual information and a recommendation regarding a proceudre the city may want to consider in an effort to resolve this ongoing controversy. The thrust of the recommendation is that the city attempt to secure voluntary easements to provide access to Mr. Stanek's property. If the city is unsuccessful in securing the voluntary easements, the city would then notify Mr. Stanek that the city will not construct a roadway to the site in question at city expense, and if he is serious about development of his property, that he proceed through development and subdivision channels to indicate his firm intent to make a financial invest- ment in this property that would warrant a public roadway. Motion made by Atkinson, Potts seconded, directing the staff to write a letter to affected property owners in the Stanek/NSP right-of-way controvery informing them of the following: 1. The City of Hugo does not build roads at city expense. 2. If Mr. Stanek wishes to develop his property, that he will be required to submit a development plan along with a financial guarantee to confirm his serious intentions. 3. No roadway will be constructed until the city has approved financing and only after receipt of a petition pursuant to Chapter 429 of the Public Improvement Code. All aye. Motion Carried. 31 March 16, 1987 Stanek/NSP controversy Motion made by Atkinson, Peltier seconded, directing the staff to make contact with persons owning property adjoining the roadway right-of-way in an attempt to obtain voluntary easements into the Joseph Stanek property. All aye. Motion Carried. 7.B Approval of Recycling Agreement Earlier this year, Washington County submitted a Memorandum of Agreement to the City of Hugo that would authorize county payment of approximately $1200 to the Hugo Recycling Center. City Attorney, Charles Johnson, questioned a section of the agreement that requires that the city will hold the county harmless from any claims arising out of negligence in the operation of the recycling center. Mr. Johnson recommended that although the county may require this language in the agreement, there should also be a provision that the county will hold the city harmless from any claims resulting from negligence by the county. After a review of this agreement by the county attorney's office, they have agreed to provide such language in the contract. Execution of this agreement is necessary to provide grant funding for the Hugo Recycling Center. Motion made by Atkinson, Peltier seconded, that the City Council authorize the Mayor to execute the/Memorandum Agreement on behalf of the City of Hugo. revise All aye. Motion Carried. 7.0 Boy Scout Troop #151 Recycling Agreement In addition to entering into a formalized agreement with Washington County for grant funds to run the Hugo Recycling Center, the city is also required to enter into an agreement with Boy Scout Troop #151 regarding same. The agreement, essentially, designates the Boy Scout Troop as the operators of the recycling center and requires certain performance standards. In the Fall of 1986, Boy Scout Troop #151 appeared before the Council with a proposal for operation of the recycling center. The proposed resolution is consistent with county requirements, the Boy Scout Troop plan of operation, and recommendations from the City Attorney. This agreement is necessary if the city is to secure the desired grant from Washington County. Motion made by Peltier, Olson seconded, to adopt RESOLUTION 1987-33, A RESOLUTION APPROVING THE RECYLCING CENTER AGREEMENT WITH HUGO BOY SCOUT TROOP #151. All aye. Motion Carried. 7.D Appointment of Solid Waste Committee As per the Solid Waste Management Masterplan for Washington County, the City is required to appoint a solid waste advisior committee to the City Council to deal with future solid waste issues. Mr. Jim Hulbert of Washington County has indicated that all cities and townships are required to comply with the county's masterplan and that, although some cities have appointed a special advisior committee, many communities have appointed their Planning Commission or other existing committees to serve as the advisory gorup to the City Council. The option of how the city wishes to proceed with this matter is up to Council discretion. 32 March 16, 1987 Administrator Huber stated that the city should have a committee "on the books" and that the committee could be changed at any time. This committee would not need to meet on a regular bais, only when necessary. Mr. Robert Lindell, 17115 Farnham Avenue, member of Scout Troop 151, stated that he would like to serve on the solid waste Committee. Motion made by Peltier, Olson seconded, that the following individuals be desig- nated as Hugo's Solid Waste Committee: Bob Olson, Teddy Peltier, Arthur Potts, Deane Vail, George Atkinson, and Robert Lindell. All aye. Motion Carried. 7.E Compost Site Proposal for Hugo Mr. Jim Hulbert, Washington County Health Department, has indicated that the City of Hugo is being considered for a compost site to serve the White Bear Lake, Hugo, and Mahtomedi areas. Providing a compost site in the City of Hugo would be a significant step in meeting our mandated requirements for solid waste alternatives that must be complied with by 1988. To properly facilitate a compost site, we would need a 3 acre tract of land located somewhere in the southwestern part of the community. If a city owned or leased site can be secured, the county will pay for the cost of constructing roadways, fences, gates, and other necessary access to the site. The county will either maintain the site or pay the city for maintenance of the site. The city may also charge for use of the site, and some communities have made their compost sites profit making, in that some refuse haulers need an economical alternative to dumpsites, and the city could charge refuse haulers for dumping at the compost site. Representatives of the Washington County Health Department are strongly encouraging the city look into the possibility of providing a site herein Hugo. The Council was in agreement that this would be a good project, and suggested that the Administrator get some one from Washington County to appear at a Council meeting to describe the operation. 8.A Resolution Authorizing Closeout of Sinking Fund City Clerk, Mary Ann Creager, has noted that the final principal and interest payment on the bonds for the 1975 Storm Sewer Sinking Fund have been made. After the final payment was made, there is a balance in the fund account of approximately $23,000.00. We have discussed this situation in detail with the city auditors, and they concur that the balance in this sinking fund and any delinquent assess- ments collected be deposited in other city sinking funds. In that the assess- ments for the Lake Air Estates public improvement project have been prepaid by the developer, and the city has no call provision for prepayment of bonds, we are recommending that the balance remianing in the 1975 Storm Sewer Sinking fund be transferred to the Lake Air Estates Sinking Fund. Motion made by Vail, Peltier seconded, to adopt RESOLUTION 1987-34, A RESOLUTION AUTHORIZING THE CLOSEOUT OF 1975 STORM SEWER SINKING FUND. All aye. Motion Carried. 8.B Fire Department Recruitment Procedure A minitrator Fire Chief, Ron Istvanovich, and the Cit ave Teen working on the development of a procedure to handle the recruitment of future firefighters for the Hugo Fire Department. It is our intent to handle recruitment on a quarterly basis, and that each applicant follow the same procedure and be thoroughly screened before being appointed by the City Council. 33 March 16, 1987 Motion made by Atkinson, Peltier seconded, to adopt the recruitment procedure for the Hugo Fire Department as follows: 1. Interview for firefighters quarterly (January 1, April 1, July 1, and October 1). 2. Application made on forms provided by the city. A. Application form (fully completed). B. Why individual wants to join department (narrative). C. Background investigation D. Release for background check E. Release of health record (if required) 3. Interview procedures established in writing and followed. 4. Interview conducted by panel of fire chief or assistant chief, city administrator, and another city official. 5. Recommendations to City Council. 6. Council makes appointments subject to completion of 12 months probationary period. 7. Personnel file established for each firefighter. 8. Personal records to be maintained by fire chief. 9. Fire chief to make recommendation to city adminstrator on firefighters at completion of probationary period. All aye. Motion Carried. 10.B Report of City Attorney Mr. Johnson submitted his monthly report. Mr. Johnson and the Council discussed the Summons and Complaint from the White Bear Rod & Gun Club. Attorney Johnson was able to obtain an extension from the 20 day after receipt of the Summons. Mayor Atkinson asked that the staff compile all costs that the city has incurred since the last application of the White Bear Rod & Gun Club for an Amended Special Use Permit. Attorney Johnson will be representing the city in this latest litigation. 10.C. Report of City Engineer Engineer Kuusisto submitted his monthly report. Mr. Kuusisto stated that they have inspected the Arnold Palme subdivision and roadwork will be completed shortly. 10.E City Administrator City Administrator, Ken Huber, suggested the City Council meet informally at 6:00 PM on April 6th for general discussion of city policy, and the Council agreed. COUNCILMAN POTTS LEFT THE MEETING AT APPROXIMATELY 9:20 PM. Administrator Huber stated that in the past, temporary mobile home permits have been brought before the Council for every 90 day renewal. Mr. Huber asked that if the Council has approved the temporary mobile home permit, that the staff would handle the renewals for the approved time period, and bring the matter to the Council only when there has been a complaint or upon expiration of the permit. The Council concurred with the Administrator's suggestion. 34 March 16, 1987 Motion made by Atkinson, Vail seconded, authorizing the Mayor and City Clerk to execute the amendment to the Road and Bridge Maintenance Agreement with Washington County extending the current 1986 - 1987 agreement which expires on April 30, 1987 to continue in effect through July 31, 1987. All aye. Motion Carried. The city received the projection for law enforcement expense for Hugo in 1987 ($165,865.26) which represents a substantial increase over what the city had budgeted for 1987. The sheriff's office requested any comments be made by March 31, 1987. Motion made by Atkinson, Peltier seconded, requesting the staff respond to the cost figures submitted by Washington County, and explore any possible ways to reduce the cost. All aye. Motion Carried. MISCELLANEOUS Mayor Atkinson requested thatthe staff develop a policy for street lights in the city noting that this request be considered a low -priority item. The Hugo Lions Club should be informed of the necessary paperwork required for their scheduled Good Neighbor Days in June. Mayor Atkinson informed the City Council that the city does not have a compre- hensive land use map. Motion made by Atkinson, Peltier seconded, that the CiA Council authorizes the Planning Commission to draft a comprehensive land map for submission to the City Council, and further to authorize the sum of $100.00 to be spent by the Planning Commission to assist them in drafting this map. All aye. Motion Carried. Mayor Atkinson felt the city should consider amending the city's zoning ordi- nance to exclude trap and sheet clubs fromthe Agriculture and Conservancy zones. Attorney Johnson will take this matter under advisement. Motion made by Peltier, Olson seconded, to adjourn at 10:02 PM. All aye. Motion Carried. Mary Creager, City C k City Hugo