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HomeMy WebLinkAbout1999.10.18 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF OCTOBER 18, 1999 The meeting was called to order by Mayor Walter Stoltzman at 7:00 pm. PRESENT: Barnes, Haas, Leroux, Petryk, Stoltzman City Administrator, Robert Museus City Attorney, Greg Galler City Engineer, Tom Angus City Clerk, Mary Ann Creager ADDITIONS TO AGENDA City Administrator (Performance Review) Park Property (Bernin) JD2 Litigation Accept Public Improvements (Pineview Meadows) Stoltzman made motion, Petryk seconded, to approve the following Consent Agenda: Special Meeting/Executive Session of October 7, 1999 1999/2000 City Hall Snowplowing Escrow Release (Mann Lake Estates) Escrow for Wetland Mitigation Findings of Fact (Gaertner Dog) Charitable Gambling Permit (American Legion) Charitable Gambling License (St. John's Church) All aye. Motion Carried. Stoltzman made motion, Haas seconded, to approve the minutes for the City Council meeting of October 4, 1999, as amended. All aye. Motion Carried. Stoltzman made motion, Petryk seconded, to approve the claims for October 18, 1999. All aye. Motion Carried. 1999/2000 CITY HALL SNOWPLOWING The City received notice that Keith's Landscaping will be increasing their proposed hourly rates for snowplowing services by $1.50/hr, an approximate 3% increase over the rate for 1998/99. The City uses Keith's snowplowing for the City Hall parking lot and sanitary sewer lift stations. Beginning this season, the new Fire Hall will need to be plowed as well. Adoption of the Consent Agenda approved the agreement as proposed. ESCROW RELEASE (MANN LAKES ESTATES) Staff recommended releasing the remaining escrow balance of $1,05.60 to Barr -Harley Development, as City Council meeting of October 18, 1999 Page 2 it has been three years since the firm completed its work required to extend Isleton Avenue to the Mann Lake Estates subdivision in the City of Grant. Adoption of the Consent Agenda approved releasing the escrow. ESCROW FOR WETLAND MITIGATION The Council considered a proposed letter from the City of Hugo to the RCWD requesting the District allow the City to post an escrow for the replacement of approximately 600 sq ft of wetland to be filled as part of the Fenway Boulevard Court construction project. This is similar to the agreement entered into for construction of 152nd Street as part of the Post Office project. Adoption of the Consent Agenda approved the letter and escrow, as proposed. FINDINGS OF FACT (GAERTNER DOG) The Council considered the Findings of Fact prepared by Attorney Dave Snyder regarding the Council's decision not to declare "Cassie", a dog owned by the Gaertner family, a dangerous dog or potentially dangerous dog under the City's animal control ordinance. Adoption of the Consent Agenda approved the Findings of Fact, as presented. CHARITABLE GAMBLING PERMIT (AMERICAN LEGION POST #620) The American Legion Post #620 applied for renewal of their Charitable Gambling License to conduct charitable gambling at their site located at 5736 147th Street. Adoption of the Consent Agenda approved the request of the American Legion Post #620 for a Charitable Gambling License, and waiver of the 30 - day waiting period. CHARITABLE GAMBLING LICENSE (ST. JOHN'S CHURCH) The Church of St. John the Baptist, 14834 Forest Blvd., applied for an exemption for a lawful gambling license to conduct a turkey bingo at the above address on November 21, 1999. Adoption of the Consent Agenda approved the request, and waived the 30 -waiting period. TAX RATE INCREASE HEARING A public hearing was held to consider adoption of a resolution raising the City's tax rate for taxes payable in the year 2000. This hearing is required by Minnesota Statute in order to increase the City's tax rate as proposed during the Council's last budget workshop. The following comments were made: Frank Watson: money being wasted on JD2 litigation; no fiscal responsibility. Donna Engel: taxpayers paying for more than Hugo's portion of the litigation. Dwight Harvey: questioned if 5.1% was the maximum levy could be increased. Fran Miron: discussed history of fire hall financing; expressed,with large increase in tax rate Stoltzman made motion, Barnes seconded, to adopt RESOLUTION 1999-17, A RESOLUTION RELATING TO TAX RATE AUTHORIZATION FOR THE YEAR 2000. City Council meeting of October 18, 1999 Page 3 VOTING AYE: Barnes, Haas, Stoltzman VOTING NAY: Leroux, Petryk Motion Carried. CIVIL, PENALTIES HEARING (RICCI'S OF HUGO) A hearing had been scheduled for 7:30 pm to consider whether "Ricci's of Hugo, Inc.," is guilty of violating the conditions of the license to sell liquor in the City of Hugo by selling an alcoholic beverage to an underage person on or about July 29, 1999. Mr. Bo Bogatty, owner of Ricci's, requested to delay the hearing until November, 1999, as he will be out of town on the evening of the 18th. Stoltzman made motion, Petryk seconded, to change the hearing date to November /, 1999, at 7:00 pm. All aye. Motion Carried. HEARING (HORTON CUP) A hearing was scheduled for tonight's meeting to consider what action should be taken by the City regarding Mr. Norm Horton's failure to enter into a revised Conditional Use Permit with the City of Hugo for the operation of an automobile recycling facility on his property at 16813 Forest Blvd. Staff had previously negotiated a revised CUP with Mr. Horton's attorney, who indicated that Mr. Horton was agreeable to the permit and would post the necessary securities. The Council approved the revised CUP on June 7, 1999. As yet, the City has not received a signed copy of the CUP from Mr. Horton, nor the necessary performance securities. Attorney Galler stated that Mr. Horton was agreeable to an annual bond rather than a three-year bond. He also requested that he be given 60 days to correct any problems rather than have an immediate revocation of his permit. Barnes made motion, Leroux seconded, to approve the Conditional Use Permit for Norman Horton subject to the requested changes. All aye. Motion Carried. TOWNHOMES OF BALD EAGLE LAKE At the Council meeting of October 4, 1999, action was tabled on a request by Mr. Mike Black of Royal Oaks Realty, that two loop roads and a cul-de-sac within the proposed the Townhomes of Bald Eagle development be constructed as private drives, and that the condition of preliminary plat approval for the development stating that 130th Street shall connect to Fenway Boulevard, and be removed. Staff reviewed the issue regarding the private drives and necessary road right-of-way, and provided a recommendation to the Council. Council member Petryk felt that the transportation study did not accurately identify the number of trips generated by the townhomes. Council member Barnes stated that much of the increased traffic on Ethan Avenue was generated by development in Lino Lakes; she also stated that she will not form an opinion on public versus private roads until the moratorium study is completed. Mike Black again stated his belief that their site plan was the best use of the property. No further action was taken; action taken for preliminary plan on August 16, 1999 stands. City Council meeting of October 18, 1999 Page 4 1999/2000 AUDIT SERVICES The Council considered a recommendation from the City's Finance Director that the City contract with the audit firm of Larson Allen to conduct audits of the City's financial statements during the years 1999, 2000, and 2001 under a set fee schedule. Leroux made motion, Barnes seconded, to accept the recommendation of the Ron Otkin and contract with Larson Allen to conduct audits. All aye. Motion Carried. FENWAY BLVD COURT BID AWARD The City Engineer presented a tabulation of bids received for the construction of Fenway Boulevard Court, and recommended that the bid be awarded to W.B. Muller in the amount of $86,366.50. Barnes made motion, Stoltzman seconded, to accept the recommendation of the City Engineer, and award construction of Fenway Boulevard Court to W.B. Miller, in the amount of $86,366.50. All aye. Motion Car Carried. IN -PROGRESS REVIEW BEAVER PONDS SUBDIVISION) The City Engineer updated the Council on the proposed construction of a sanitary lift station to serve a portion of the Beaver Ponds subdivision and adjacent properties. The City will need to obtain easements from two property owners for this project; it may be necessary to go through condemnation to obtain said easements. Haas made motion, Barnes seconded, that the City proceed with construction of the lift station to serve Beaver Ponds 5th Addition. All aye. Motion Carried. BEAVER PONDS SOCCER FIELD The Council considered a recommendation from the City's Park Commission to construct a soccer field in the Beaver Ponds neighborhood park this fall. Cost of construction is estimated cost at $13,326, including $8,826.64 for the sprinkler system, and $4,500 for seeding. Haas made motion, Petryk seconded, to accept the quotes for construction of the soccer field to be located in the Beaver Ponds development, at an estimated cost of $13,326.00. All aye. Motion Carried. City Council meeting of October 18, 1999 Page 5 PROPOSALS TO PROVIDE ENGINEERING SERVICES Proposals to provide engineering services to the City were accepted until 3:00 pm on Friday, October 15, 1999. Stoltzman made motion, Leroux seconded, to schedule the following itinerary for selection of an engineering firm: October 25, 1999 (short list); October 29, 1999 (site visit); November 3 (interviews); and November 4 (review draft transportation plan). All aye. Motion Carried. CITY OF GRANT (REQUEST TO SHARE PLANNER) The City of Hugo received a request from the City of Grant to share a planner. Haas made motion, Leroux seconded, that the City send a letter to Grant stating that the City of Hugo is considering the addition of a Community Development Director/Planner to its 2000 budget, and would be willing to consider discussion with Grant regarding the sharing of a planner with them. All aye. Motion Carried. ACQUISITION OF PARKLAND (BERNIN PROPERTY) Mr. Pete Pedersen, representing the Hugo Parks Commission, addressed the Council with a recommendation that the City acquire the Bruce Bennin property, located on the side of Oneka Lake, for parkland. An appraisal of the property will be needed to continue the acquisition process. Leroux made motion, Barnes seconded, authorizing the Parks Commission to expend the necessary funds to obtain an appraisal for the Bernin property. VOTING AYE: Barnes, Leroux, Petryk, Stotlzman ABSTAINED: Chuck Haas Motion Carried. Petryk made motion, Leroux seconded, authorizing payment of the $125 fee for Pete Pedersen to attend a Sharing the Heartland conference. All aye. Motion Carried. CITY ADMINISTRATOR (PERFORMANCE REVIEW) Two Council members were reminded to forward the Administrator's performance review to the City Attorney for tabulation so the review process can proceed. City Council meeting of October 18, 1999 Page 6 ACCEPT PUBLIC E%IPROVEMENTS (PDMVIEW MEADOWS) The City Engineer recommended that the City certify Pineview Meadows as substantially complete to allow release of building permit and certificates of occupancy. Mayor Stoltzman stated that he would like to inspect the site to make sure he was satisfied with work completed. Petryk made motion, Stoltzman seconded, to table this matter until the special meeting of October 25, 1999. All aye. Motion Carried. JD2 LITIGATION In an effort to hold down legal expenses for the JD2 lawsuit: Petryk made motion, Haas seconded, that the City of Hugo put the JD2 litigation on hold and commence free -of -charge mediation with Alternate Dispute Resolution in an effort to hold down budget increases. VOTING AYE: Petryk VOTING NAY: Barnes, Leroux, Stoltzman ABSTAINED: Haas Motion Failed. Leroux made motion, Stoltzman seconded, to recess tonight's meeting at 10:55 pm until October 25, 1999 at 7:00 pm. All aye. Motion Carried. Mary Creager City erk