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HomeMy WebLinkAbout1999.03.15 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF MARCH 15, 1999 The meeting was called to order by Mayor Walter Stoltzman at 7:00 p.m. PRESENT: Barnes, Haas, Leroux, Petryk, Stoltzman City Administrator, Robert Museus City Attorney, Greg Galler City Engineer, Tom Angus Deputy Clerk, Michele Lindau ADDITIONS TO AGENDA Oakshore Park Road Project Stormwater Management Broadcasting and Video Taping of Special Meetings & Workshops Beaver Ponds Cost -Sharing Request Greenway Project Report on JD2 CONSENT AGENDA Barnes made motion, Leroux seconded, to approve the following Consent Agenda: City Council minutes for March 3, 1999 Appointment of Fire Marshal (Ron Istvanovich) Job Description (Fire Marshal) Termination of Firefighter All aye. Motion Carried. APPOINTMENT OF FIRE MARSHAL The Council considered a memo from Fire Chief, Joe McMahon, requesting the appointment of Ron Istvanovich as Fire Marshal. Adoption of the Consent Agenda appointed Ron Istvanovich as Fire Marshal. JOB DESCRIPTION (FIRE MARSHALL A job description for the City Fire Marshal was prepared by the Fire Chief and presented to the Council. Adoption of the Consent agenda approved the job description as prepared by the Fire Chief. TERMINATION OF FIREFIGHTER The Council considered a memo from Fire Chief, Joe McMahon, requesting the termination of Firefighter John Schoeller for failure to keep current in his Fire Department responsibilities. Adoption of the Consent Agenda terminated John Schoeller as a Firefighter for the Hugo Fire Department effective March 13, 1999. City Council meeting of March 15, 1999 Page 2 CITY COUNCIL MINUTES FOR MARCH 1. 1999 Haas made motion, Leroux seconded, to approve the City Council minutes for March 1, 1999, as submitted. All aye. Motion carried. GENERAL CLAIMS FOR MARCH 15,1999 Haas requested the City's Finance Director provide a breakdown of the engineering and legal bills to reflect the projects they pertain to. Haas made motion, Stoltzman seconded, to approve the General Claims for March 15, 1999. All aye. Motion carried. LETTER OR RESPONSE (SWEET GRASS MEADOWS) The City Attorney prepared a letter of response to the attorney representing K -G Development in the Sweet Grass Meadows subdivision regarding statements made in the City Administrator's report provided to the Council at their meeting of February 16, 1999, and certain comments made at the meeting. Haas made motion, Leroux seconded, to approved the letter of response. All aye. Motion carried. PAYMENT OF WINDOW CLAIM (LOEFFEL-ENGSTRAND) Payment for windows to Loeffel-Engstrand Construction for the Fire Hall was previously removed from the claims for clarification. Haas made motion, Stoltzman seconded, to approve payment to Loeffel-Engstrand Construction for the windows. All aye. Motion carried. PAY ESTIMATE NO. 1 (CLEARWATER CREEK CHANNEL) Barnes made motion, Leroux seconded, to approve payment of voucher No. 1 in the amount of $228,525.31 to Arnt Construction Company, Inc., for the Clearwater Creek Wetland Enhancement Project. All aye. Motion carried. City Council meeting of March 15, 1999 Page 3 PRESENTATION OF CERTIFICATE OF APPRECIATION Mayor Walter Stoltzman presented former Planning Commission member, Ken Rubenzer, a Certificate of Appreciation for his work on the Planning Commission from December 18, 1991 to January 31, 1999. COUNTY ATTORNEY, DOUG JOHNSON County Attorney, Doug Johnson, was present at the meeting to introduce himself and express his enthusiasm to discuss issues of concern with the Council. ALLEGED LIQUOR LICENSE VIOLATION (THE END ZONE) The City Attorney had provided the Council with allegations that Adrian Kramarczuk, operating the End Zone bar in the City of Hugo, violated the City's liquor ordinance by selling alcoholic beverages without a license. At the City Council meeting of March 1, 1999, the Council voted to conduct an administrative hearing on the City's civil penalty ordinance to take evidence on the allegations to determine if Mr. Kramarczuk violated the City's liquor license ordinance, and if so, what penalties, if any, should be imposed. It was alleged that the End Zone Bar violated the City Ordinance Chapter 150, Section 4, Subd. 1, by selling alcoholic beverages between January 1, 1999, and February 3, 1999, without a liquor license. The End Zone had held a valid license until December 31, 1999, but it was not renewed by the City at that time because requirements for liquor license renewal were not met; specifically, the End Zone was delinquent in utility payments owed the City as required by City Ordinance, Chapter 150, Section 9, Subd. 2, and had not provided the City with proof of liquor liability insurance for the entire licensing period, as required by Minnesota Statutes. The hearing was called to order by Mayor Stoltzman and roll call was taken. PRESENT: Barnes, Haas, Leroux, Petryk, Stoltzman City Administrator, Robert Museus City Attorney, Greg Galler Deputy Clerk, Michele Lindau Owner of the End Zone, Adrian Kramarczuk Washington County Sergeant, Jerry Cusick Adrian Kramarczuk, owner of the End Zone, residing at 5850 Oxboro Ave., Oakpark Heights, MN, 55082, was sent notice of the hearing on March 2, 1999, and appeared before the Council without legal representation. Mr. Kramarczuk said he understood the charges against the End Zone, but stated he was under the assumption that he had a valid liquor license since the City Council passed resolution 1998-41 on December 21, 1998, which approved issuance of liquor licenses for 1999. He also disputed the fact that he had paid his outstanding utility bill in full on February 2, not February 3, and felt the City had not made a sufficient attempt to clear the check through the bank. The Deputy Clerk had Council meeting of March 15, 1999 Page 4 called the bank on February 2nd and 3rd, and was told there were not sufficient funds. Police reports indicated two undercover officers were served alcohol at the End Zone on February 3, 1999. Barnes made motion, Haas seconded, to make a finding that a violation of Hugo City Code Chapter 150, Section 4, Subd. 1, has been proved based upon the information received by the Council at the hearing. VOTING AYE: Barnes, Haas, Leroux, Petryk, Stoltzman Motion Carried. Sergeant Jerry Cusick presented copies of numerous police reports involving the End Zone, and a copy of the background investigation conducted by Sergeant Larry Simon on May 14, 1997, recommending the Liquor License request for the End Zone be denied. After all testimony was presented to the Council, the following motion was made: Haas made motion, Petryk seconded, to revoke the liquor license for the End Zone based upon all of the evidence submitted to the Council at the hearing, the evidence showing that the operator lacks the good moral character and repute necessary to operate the establishment according to law, and that the continued operation by this license holder works to the detriment of the health, safety and welfare of the residents of the City of Hugo. VOTING AYE: Barnes, Haas, Leroux, Petryk, Stoltzman Motion Carried. Stoltzman moved, Haas seconded, to adjourn the hearing for the End Zone at 8:45 PM. All aye. Motion carried. A five minute break was taken and the regular City Council meeting reconvened at 8:50 PM. REPORT ON SCHOOL SECTION LAKE Professor Randall Barnes' geology students from the University of Minnesota appeared before the City Council with a slide presentation of their findings regarding the study they conducted on School Section Lake/Goggins Lake Watershed. BEAVER PONDS SECOND ADDITION (DEVELOPMENT AGREEMENT) The Council considered a Development Agreement between the City of Hugo and Oakwood Land Development Co., for the Subdivision to be known as Beaver Ponds Second Addition. John Peterson, President of Oakwood Land Development Co., was present to answer Council questions. Barnes made motion, Haas seconded, to approve the Development Agreement with the following addition and change: City Council meeting of March 15, 1999 Page 5 1. Add provision for fines to be levied and taken from escrow for any damages done to the City's infrastructure while work is in progress. 2. The City must be provided an opportunity to review the landscape plan prior to implementation. All aye. Motion carried. BEAVER PONDS SECOND ADDITION (FINAL PLAT) Oakwood Land Development, 1611 Highway 10, Spring Lake Park, MN., requested final plat approval for Beaver Ponds subdivision, consisting of 32 townhomes along the south side of 130th Street, east of Flay Avenue. Barnes made motion, Stoltzman seconded, to approve the final plat for Beaver Pond Second Addition. All aye. Motion carried. BEAVER PONDS (COST-SHARING REQUEST) Oakwood Land Development, 1611 Highway 10, Spring Lake Park, MN., requested the City's Private Development Cost Sharing Policy be applied to the sewer and watermain project for the Beaver Ponds development since a portion of these utilities will be oversized to benefit development of adjacent properties. This was considered at the Council meeting of March 1, 1999, and tabled to allow the City Engineer to review this request. Stoltzman made motion, Barnes seconded, to table the decision until the Council has had an opportunity to review the report prepared by the City Engineer. All aye. Motion Carried. RAILROAD AGREEMENT Leroux made motion, Barnes seconded, to approve the agreement between the City of Hugo and the Burlington Northern and Santa Fe Railroad Company for the extension of the municipal sanitary sewer and watermain under the railroad tracks at 130th Street. All aye. Motion carried. LAW ENFORCEMENT CONTRACT The Council considered an agreement between the City of Hugo and the Washington County Sheriff's Office for law enforcement services for 1999. This matter was considered and tabled at the City Council meeting of March 1, 1999. City Council meeting of March 15, 1999 Page 6 Stoltzman made motion, Haas seconded, to approve the Law Enforcement Contract with Washington County. All aye. Motion carried. REQUEST FOR NAME CHANGE (WOODS OF BALD EAGLE) The City Council considered a letter from Royal Oaks Realty, Inc., requesting the name of 128th Street and 129th Street in the Woods of Bald Eagle be changed to Fairbanks Avenue North. It was determined that changing the street name would not be in conformance with current standards. Haas made motion, Petryk seconded, to accept the recommendation of the City's Building Official and Fire Chief, and deny the request for the street name change. All aye. Motion carried. PHONE SYSTEM BID (NEW FIRE HALL) The City Council considered bids obtained by the Fire Chief for a new phone system for the new Fire Hall. Haas felt such a phone system would not be cost effective and volunteered to converse with the Fire Chief to determine the needs of the Fire Department. Haas made motion, Leroux seconded, to table discussion on the new phone system to allow other options to be investigated. All aye. Motion carried. DISCUSSION ON PHASED DEVELOPMENTS The City Council discussed a proposed ordinance requiring developers to make an election at the time of the first phase being approved to either decide, for future development, whether he will begin all over again or agree to delegate to the City the sole authority to determine whether or not future phases are in "substantial compliance" with the original submissions. The Council determined a change in the proposed Zoning Ordinance could be made to include such a provision but felt a public hearing should be held on the matter. Leroux made motion, Petryk seconded, to hold a public hearing on April 19, 1999, to discuss a change in the ordinance on phased developments. All aye. Motion carried. DITCH CLEANING (WILSON TOOL POND) The City Council considered quotes for cleaning three ditches adjacent to the Wilson Tool Pond. These ditches are the two on the west side of Wilson Tool between 130th and DNR Wetland 198, and the one on the south end of Farnham Avenue. City Council meeting of March 15, 1999 Page 7 Stoltzman made motion, Barnes seconded, to award the bid to Arnt Construction for $3,648. All aye. Motion carried. OAKSHORE PARK ROAD Council member Petryk requested discussion of the Oakshore Park Utility and Street Improvements be put on the agenda for the City Council meeting of April 5, 1999. STORMWATER MANAGEMENT Council Member Petryk had recently attended a conference on stormwater management, in regard to land development, at the University of Minnesota, and requested Council approval to conduct a joint meeting with the Planning Commission, Parks Commission and representative from Applied Ecological Services, Inc., who made a presentation at the conference. Haas made motion, Petryk seconded, to contact the firm Applied Ecological Services, Inc., and schedule a joint meeting. All aye. Motion carried. VIDEO TAPING SPECIAL MEETINGS AND WORKSHOPS Mayor Stoltzman requested all special meetings and workshops be broadcast and video taped. It was noted only with meetings and workshops held at City Hall, where the equipment is located, would it be possible to do so. Council members agreed it would aid in keeping the public informed. GREENWAY APPLICATION At the City Council meeting of March 3, 1999, the Council considered an application for a grant from the DNR to acquire property and conservation easements for a greenway corridor along Clearwater Creek. Questions had been raised on the impact of the easements on the City's ability to maintain drainage in the area, and whether the property acquired could be used for light recreational use. Council requested staff obtain additional information from the DNR, and proceed with the grant application. JD2 UPDATE Leroux provided an update on Judicial Ditch 2, and excused himself from the next regular City Council meeting on April 5, 1999, to attend a joint meeting with Rice Creek Watershed District, regarding the ditch, to be held the same evening. Stoltzman made motion, Petryk seconded, to recess at 11:00 PM until the meeting of March 17, 1999. All aye. Motion carried. Michele Lindau, Deputy Clerk