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HomeMy WebLinkAbout2000.03.20 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF MARCH 20, 2000 Mayor Walter Stoltzman called the regular meeting to order at 7:00 pm. PRESENT: Barnes, Haas, Leroux, Stoltzman City Administrator, Robert Museus City Attorney, Greg Galler City Engineer, Dave Mitchell City Clerk, Mary Ann Creager ABSENT: Becky Petryk ADDITIONS TO AGENDA City Administrator's Contract Meeting with Socrates (April 5, 2000) Deer Park Estates (Dave Schumann) Add CC minutes for March 13, 2000 to Consent Agenda CONSENT AGENDA Stoltzman made motion, Barnes seconded, to approve the following Consent Agenda: City Council minutes for March 13, 2000 Request for Bids (130`h Street Lift Station) All aye. Motion Carried. REQUEST FOR BIDS (130TH STREET LIFT STATION) The Council considered the City Engineer's request to advertise for bids to construct a lift station on 130`h Street, east of TH61. The City had previously committed to the project as part of the Development Agreement for the Beaver Ponds subdivision. Adoption of the Consent Agenda approved the request for bids, as proposed by the City Engineer. CITY COUNCIL MINUTES Barnes made motion, Leroux seconded, to approve the minutes for March 6, 2000, as amended. All aye. Motion Carried. Stoltzman made motion, Barnes seconded, to approve the minutes for March 7, 2000, as amended. All aye. Motion Carried. Haas made motion, Leroux seconded, to approve the minutes for March 11, 2000, as amended. All aye. Motion Carried. GENERAL CLAIMS FOR MARCH 20, 2000 Haas made motion, Stoltzman seconded, to approve the claims for March 20, 2000, deleting City Council meeting of March 20, 2000 Page 2 payment to OSM for the transportation plan, in the amount of $5,589.83. All aye. Motion Carried. SIGN APPROVAL (RICK'S LIQUOR) KR Lindstrom, LLC., requested a permit to erect one wall sign and one pylon sign on property the firm is purchasing at 5441 140'h Street. The signs are to advertise the off -sale liquor store being constructed on the site. Staff recommended that the Council approve the application as being in conformance with Chapter 320, Section 6.18. The Council had questions about the location of the driveway, and advertising signs on TH61 when business located at another location. Haas made motion, Leroux seconded, to table this matter until the meeting of April 3, 2000. All aye. Motion Carried. PLANS AND SPECS (TEST WELL) The Council considered plans and specifications, as prepared by the City Engineer, for the drilling of the test well on property owned by the City adjacent to the Catholic cemetery, for the purposes of determining a site for the installation of the City's proposed new municipal water well. Leroux made motion, Barnes seconded, to approve the plans and specifications for the drilling of the test well to determine a site for the water well. All aye. Motion Carried. CITY ADMINISTRATOR CONTRACT Haas made motion, Leroux seconded, to accept the Employment Agreement between the City of Hugo and Mike Ericson, as presented. All aye. Motion Carried. The new Administrator, Mike Ericson, was present at the meeting, and stated that he would start employment with the City on April 17, 2000. PUBLIC HEARING (AMENDMENT TO CHAPTER 320) A public hearing was held to consider adoption of a proposed ordinance amending Hugo Code, Chapter 320, by establishing commercial and industrial building standards; clarifying regulations regarding subdivisions of property in the urban development area not serviced by municipal sewer and water; establishing alternate members of the Planning Commission; and establishing regulations for places of public assembly. For the public hearing, the Council heard independent testimony on each section of the proposed ordinance: Commercial/Industrial Construction Standards — Mayor Stoltzman questioned whether Dr. Lindy's office would need to comply with regulations as it is a wood building. Rick Burr was also concerned City Council meeting of March 20, 2000 Page 3 with regulation as his is a steel building. The Council wanted more time to consider this regulation. Definition for commercial/industrial building — No comments. Sewage Treatment — No comments. Planning Commission Alternates — Frank Puleo questioned whether the Planning Commission had discussed these proposed changes; they had. Places of Public Assembly — No comments. Barnes made motion, Leroux seconded, to adopt ORDINANCE 2000-339, AN ORDINANCE AMENDING CHAPTER 320 BY CLARIFYING REGULATIONS REGARDING SUBDIVISIONS OF PROPERTY IN THE URBAN DEVELOPMENT AREA NOT SERVICED BY SEWER/WATER; ESTABLISHING ALTERNATE MEMBERS OF THE CITY PLANNING COMMISSION; AND ESTABLISHING REGULATIONS FOR PLACES OF PUBLIC ASSEMBLY. VOTING AYE: Barnes, Haas, Leroux, Stoltzman Motion Carried. Barnes made motion, Stoltzman seconded, to table discussion of Sections 1 and 2 until staff provides revised language. All aye. Motion Carried. SITE PLAN APPROVAL (MINNESOTA UNION BUILDERS/AMCON) The City Council previously received a proposed site plan for the construction of a 90,000 sq ft accessory light manufacturing building, on approximately 14 acres in the Bald Eagle Industrial Park. The Council tabled action on the site plan pending a presentation on the project by the developer. Tim Forsythe and Neil Denblecker were present to answer Council questions relative to this project. At a future date, the developers will be approaching the City seeking approval to display a model home on site. Barnes made motion, Leroux seconded, to approve the site plan for AMCON to construct a 90,000 sq ft accessory light manufacturing building in the Bald Eagle Industrial Park. Staff is directed to begin procedure for the Council to consider accessory buildings for the site separate from the site plan. All aye. Motion Carried. DEVELOPMENT AGREEMENT (HUGO LAND DEVELOPMENT) On March 6, 2000, the Council conducted a business subsidy hearing on a proposed Development Agreement, between the City of Hugo and Hugo Land Development, LLC., for the construction of the MN Union Builders project referenced above. City Council meeting of March 20, 2000 Page 4 Barnes made motion, Stoltzman seconded, to table discussion to allow further discussion with bond counsel. All aye. Motion Carried. PETITION FOR PUBLIC IMPROVEMENT (132ND STREET) The Council considered a petition for local improvement, signed by the owners of not less than 35% frontage of the real property abutting 132"d Street, from the east line of Goodview Avenue to the west line of Henna Avenue. The petition requests the Council improve said street by the installation of bituminous surfacing, pursuant to MS, Chapter 429. The Council also considered a resolution declaring the adequacy of the petition and ordering the City Engineer to report to the Council, with all convenience speed, advising the Council in a preliminary way as to whether the proposed improvement is feasible, and as to whether it should be made as proposed, or in connection with some other improvement, and the estimated cost of the improvement as recommended. Stoltzman made motion, Leroux seconded, to adopt RESOLUTION 2000-7, A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT. VOTING AYE: Haas, Leroux, Stoltzman ABSTAINED: Debra Barnes Motion Carried. The City Engineer will prepare a Scope of Services with an estimate of cost for the feasibility study. PARK MAP The Council received a request from the Parks Commission to purchase a park map from the City's consulting engineers, SEH, at a cost of $3,500. Councilman Haas, liaison to the Parks Commission, will provide the Council with more information regarding the Commission's request. Stoltzman made motion, Leroux seconded, to table until the meeting of April 17, 2000. All aye. Motion Carried. PARK BROCHURE The City's Parks Commission recommended that the Council approve issuance of a brochure describing mechanisms by which the City may acquire private property for park purposes. The Council considered a memorandum, prepared by Council member Barnes, on the proposed brochure, with recommended changes to the document. Leroux made motion, Haas seconded, to approve the Parks Commission brochure describing mechanisms by which the City May acquire private property for park purposes, subject to the following conditions: 1. The brochure is not for general dissemination to the public, but should only be provided to specific City Council meeting of March 20, 2000 Page 5 property owners when the City is specifically interested in acquiring their property for parks purposes. 2. Any discussions with private property owners, regarding the purchase of their property by the City, will only be undertaken with specific authority of the City Council. All aye. Motion Carried. PURCHASE AGREEMENT (REHBEIN) The Council considered a Purchase Agreement, between the City of Hugo and RR Leasing, Inc., for the City's acquisition of four (4) acres of wetlands mitigation credits to be used in the development of the Bald Eagle Industrial Park. Under the Agreement, the City would purchase the four acres for $100,000, with $15,000 earnest money payable upon execution of the Agreement, and three subsequent partial payments, the last of which to be made when final approval of the project is provided in writing from the relevant governmental agencies: namely, Anoka County Soil and Water Board; RCWD; and the Board of Soil and Water Resource. Funding for this acquisition would be made as part of the permanent financing for the Park's improvements, and paid for through the sale of the property in the Park. Under the proposed mitigation plan, the City would be allowed to fill 3.91 acres of type 2 wetland in the industrial park for industrial development. Barnes made motion, Haas seconded, to approve the Purchase Agreement between the City of Hugo and RR Leasing, Inc., for the acquisition of four acres of wetlands mitigation credits to be used in the development of the BEIP. Approval is subject to approval of the proposed plan by the relevant regulatory agencies. All aye. Motion Carried. SALES LIST AGREEMENT (GREYSTONE) The Council reviewed a non-exclusive Sales Listing Agreement, between the City of Hugo and Greystone Real Estate Group, Inc. Greystone is representing an industrial client, potentially interested in purchasing property in the Industrial Park. The Agreement would specify that the City would pay the realtor 10% of the gross sale price, upon transfer of the fee title of the property to a qualified buyer. The 10% brokerage fee would be added on to the sale price of the property in such a manner as to reduce the tax increment financing benefit being provided to a potential buyer. Leroux made motion, Barnes seconded, to approve the Sales List Agreement. Motion and second were withdrawn. Barnes made motion, Leroux seconded, to table discussion until a revised Agreement is provided. All aye. Motion Carried. INDIVIDUAL SEWAGE TREATMENT SYSTEM AGREEMENT (WASH. COUNTY) The Council considered a revised Agreement, between the City of Hugo and Washington County, to provide individual treatment system management program. The City previously drafted and submitted to the County a proposed Agreement. The County objected to the City's including a clause City Council meeting of March 20, 2000 Page 6 that Hugo would have a veto right about any cost increases proposed by the County. Instead, they have submitted a clause stating the County will confer with the City on proposed fee increases before fee increases are adopted, and that either party may get out of the program with twelve months' notice. Barnes made motion, Stoltzman seconded, to approve the Individual Sewage Treatment System Agreement, between Washington County and the City of Hugo, to provide individual treatment system management program. All aye. Motion Carried. PELOOUIN INDUSTRIAL PARK IMPROVEMENT PROJECT The City Engineer provided the Council with an update on the proposed extension of sewer and water, as well as street improvements in the Peloquin Industrial Park. Previously, the Mayor and City Engineer met with property owners in the Park, where their concerns with the project were outlined. Haas made motion, Leroux seconded, directing the City Engineer to draft a Scope of Services with an estimate of cost for a feasibility study for improvements in the Peloquin Industrial Park. All aye. Motion Carried. AGREEMENT WITH SEH FOR ENGINEERING SERVICES The Council considered a letter from the City Attorney requesting Council guidance on two proposed conditions in the Professional Services Agreement, between the City of Hugo and SEH. Specifically, SEH is offering a $5,000,000 per claim, $10,000,000 aggregate limit for liability insurance. Secondly, SEH wishes a time limit for which it will be responsible for repairing electronic data files that prove to be defective. Leroux made motion, Barnes seconded, agreed to the two proposed conditions in the Agreement, and will consider approval after a revised Agreement is submitted. All aye. Motion Carried. JD2 LITIGATION MEETING It has been proposed to move the scheduled Council meeting with attorney, Paul Haik, from March 29, 2000, until the next week in order to allow a full Council at the meeting. The Council suggested meeting on April 12, 2000. This date will be discussed at the Council meeting of April 3, 2000. COPY MACHINE REPLACEMENT The Council considered a memo from the Finance Director outlining costs/savings to replace the present copy machine. It is his recommendation that the City lease the Canon ImageRunner 400. Barnes made motion, Stoltzman seconded, to accept the Finance Director's recommendation, and lease the Canon ImageRunner 400 with a two-year agreement. All aye. Motion Carried. City Council meeting of March 20, 2000 Page 7 ENGINEERING INTERN Council member Barnes and Dave Mitchell, the City Engineer, requested that the Council consider hiring an engineering this summer to conduct an analysis and rating of the City's street conditions. The intern would be responsible for implementing a maintenance program for all roads within the City, as well as traffic signs. Leroux made motion, Haas seconded, to approve the hiring of an engineering intern for summer months to conduct an analysis and rating of the City's street conditions. All aye. Motion Carried. CHARETTE PROCESS Councilman Haas requested the Council discuss the proposed charette to investigate lot size and street width issues. Leroux made motion, Barnes seconded, to proceed with the charette process in cooperation with various agencies. A draft of the proposal to be provided to whomever will be involved with the process. All aye. Motion Carried. DEER PARK ESTATES Leroux made motion, Barnes seconded, to schedule a public hearing for May 1, 2000, at 7:00 pm, to consider vacation of two easements located on property known as Deer Park Estates. All aye. Motion Carried. COMMUNITY DEVELOPMENT DIRECTOR Leroux made motion, Barnes seconded, to obtain a Scope of Work and cost estimate from Sathe and Associates for a Community Development Director search. All aye. Motion Carried. ADJOURNMENT Stoltzman made motion, Haas seconded, to adjourn at 10:15 pm. All aye. Motion Carried. Mary Creager, Clerk City o Hugo MINUTES FOR THE HUGO CITY COUNCIL MEETING OF MARCH 27, 2000 Mayor Walter Stoltzman convened the special meeting of the Hugo City Council to consider allegations that the business known as the End Zone is being operated in violation of Hugo City Code regarding the operations of liquor license establishments. PRESENT: Haas, Leroux, Petryk, Stoltzman City Administrator, Robert Museus City Attorney, Dave Snyder Kramarczuk's Attorney, Allen Kantrude Antomna Kramarczuk Guerny Sapako ABSENT: Barnes Mayor Stoltzman called the meeting to order and stated the reasons for the meeting, which was for the Council to consider and make a determination whether: 1. Antonina Kramarczuk had an interest in a previous license held by Adrian Kramarczuk, and if such interest would disqualify her from holding a license by virtue of her marriage to, and involvement with, the previous license holder. 2. The license in this case is issued only to the applicant as required by Chapter 150, Sec. 7, Subd. 4, of Hugo City Code. 3. The applicant, or licensee, had made any false or misleading statements on any application for a liquor or beer license, or any proceeding regarding the issuing of the liquor, beer, and wine license. 4. The applicant, or licensee, has any ownership interest in the license. Mr. Allen Kantrude, representing Antonina Kramarczuk, asked for a delay in the hearing as his firm had only been contacted by Ms. Kramarczuk on Friday, March 17, 2000, and had insufficient time to discuss the facts of the case with Ms. Kramarzcuk and prepare a response to the Council's questions. Following discussion, Haas made motion, Petryk seconded, to continue the hearing at 7:00 p.m. April 24, 2000, and direct that all written responses to the allegations be provided to the City Attorney by April 17, 2000. Upon call, all voted Aye. Motion carried. Mr. David Schoeneck, a public relations consultant with The Praxis Group, 1325, Manomin Ave., West St. Paul, discussed with the Council the value an organized public relations effort would have to the City. The City Administrator asked the Council to consider holding a special meeting on Wednesday, March 29, 2000, to clarify its intent regarding the Rick's Liquor development on the property owned by the City in the Bald Eagle Industrial Park. Developers of the property, Rick and Kelly Lindstrom, requested the Council confirm the terms and conditions of the proposed agreement before they enter into financing and construction contracts for the project. City Council meeting of March 27, 2000 Page 2 Leroux made motion, Haas seconded, to recess until 8:30 p.m. on March 29, 2000, at which time the Council will meet with the Lindstroms regarding Rick's Liquor development. Upon call, all voted Aye. Motion carried. Robert A. Museus, City Administrator