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
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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.
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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.
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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.
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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