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HomeMy WebLinkAbout1999.11.01 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF NOVEMBER 1. 1999 The meeting was called to order by Mayor Walter Stoltzman at 7:04 p.m. PRESENT: Barnes, Haas, Leroux, Petryk, Stoltzman City Administrator, Robert Museus City Attorney, Dave Snyder City Engineer, Tom Angus Deputy Clerk, Michele Lindau ADDITIONS TO AGENDA EDA Moratorium Staff Performance Reviews 150th Street Repairs Seminar Green Avenue Drainage CONSENT AGENDA Stoltzman made motion, Barnes seconded, to approve the following Consent Agenda City Council Mmutes for October 18, 1999 Firefighter Appointment Beaver Ponds 3rd Addition Change in Local Phone Service Provider All aye. Motion carried. Barnes made motion, Stoltzman seconded, to approve the minutes for October 25, 1999, as amended. All aye. Motion carried. Leroux made motion, Barnes seconded, to approve the claims for November 1, 1999, as submitted. Fire Chief Joe McMahon recommended the appointment of Anthony Bronk, 6439 151 St. N., to the Volunteer Hugo Fire Department, subject to the applicant successfully completing a job related physical. Adoption of the Consent Agenda approved appointing Mr. Bronk as a fire fighter on probationary status as conditioned. BEAVER PONDS THIRD ADDITION (PUBLIC Il"ROVEMENTS) The City Engineer recommended the public improvements for Beaver Ponds 3rd Addition be accepted as substantially complete, allowing the release of the building permits and Certificates of Occupancy in the subdivision. Adoption of the Consent Agenda approved acceptance of the public improvements within the Beaver Ponds 3rd Addition as being substantially complete. City Council meeting of November 1, 1999 Page 2 CHANGE IN LOCAL PHONE SERVICE PROVIDER The City's Finance Director recommended the City switch local telephone service providers from US West to McLeod USA. The Finance Director estimated that the switch will reduce the City's phone bill by approximately $5,800.00 over five years, a 25% savings. Adoption of the Consent Agenda approved switching the City's phone service to McLeod USA. REZONING REQUEST (PELTIER) Mrs. Martha Peltier, 15367 Everton Ave. N., applied to rezone 100 acres of property from Agricultural to Urban Residential . The property is described as the NE 1/4 of the SE 1/4 of Sec. 18, T3 IN, R21 W. The Planning Commission conducted a public hearing on the application at their regular meeting on July 28, 1999. The rezoning was also the subject of discussion at two planning workshops held on September 9 and September 23, 1999. The Planning Commission recommended approval of the rezoning at their regular meeting of October 27, 1999, as it is in conformance with the City's Comprehensive Plan, and it fits in with other proposed development activities in the area. Mayor Stoltzman felt there was inadequate infrastructure to approve the rezoning as required in Hugo City Code, Chapter 320, Sec. D (3) and Sec. C (3), which states that public infrastructure must be adequate to handle the development that can reasonably be foreseen on the site. Leroux made motion, Barnes seconded, to adopt an ordinance to rezone the above property from Agricultural to Urban Residential. AYES: Barnes, Haas, Leroux NAY: Petryk, Stoltzman Motion denied. REZONING REQUEST (NEESER) Jerry and Dorothy Neeser, 15815 Elmcrest Avenue North, applied to rezone 124 acres from Agricultural to Urban Residential. The property is legally described as part of the NE 1/4 of the SE 1/4 of Sec. 18. T31N, R21W. The Planning Commission conducted a public hearing on this application at their regular meeting of July 28, 1999, and the rezoning was the subject of discussion at two planning workshops held on September 9 and September 23, 1999. At their regular meeting of October 27, 1999, the Planning Commission recommended approval of the rezoning as it is consistent with the City's Comprehensive Plan, and fits in with other development planned in the area. Mayor Stoltzman felt there was inadequate infrastructure to approve the rezoning as required in Hugo City Code, Chapter 320, Sec. D (3) and Sec. C (3), which states that public infrastructure must be adequate to handle the development that can reasonably be foreseen on the site. Leroux made motion, Barnes seconded, to adopt an ordinance to rezone the above property from Agricultural to Urban Residential. AYES: Barnes, Haas, Leroux NAY: Petryk, Stoltzman Motion Failed. City Council meeting of November 1, 1999 Page 3 REZONING REQUEST (MCELMURY) Mr. Robert T. McElmury, 1923 Stillwater St., White Bear Lake, applied to rezone approximately 0.65 acres on 129th Street North, near the north end of Bald Eagle Lake, from Urban Residential to Residential Service. The property is part of Government Lot 1, Sec. 31, T31N, R21 W, and is currently operated as Bobber's Boats and Bait. The Planning Commission conducted a public hearing on the application during their regular meeting of October 27, 1999, at which time they recommended denial of the rezoning as it was inconsistent with the City's Comprehensive Plan and conflicted with adjacent residential property uses. The Planning Commission's specific concerns were that this may be considered spot zoning and the reclassification of the property to residential service may allow intrusive commercial uses into a residential neighborhood without adequate streets to serve commercial demands. Barnes made motion, Petryk seconded, to deny McElmury's request to rezone from Urban Residential to Residential Service in accordance with the recommendation made by the Planning Commission. AYES: Barnes, Haas, Leroux, Petryk, Stoltzman Motion carried. CIVIL PENALTY HEARING (RICCI'S) Mayor Stoltzman called to order the hearing to consider if Mr. BoRaymond Bogotty, doing business at Senor Ricci's, 14777 Forest Boulevard, Hugo, violated the conditions of his license to sell alcohol beverages in the community by selling alcohol to a minor on or about July 29, 1999. Mr. Bogotty was found in violation of the same offense on November 18, 1999, after furnishing alcohol to a person under 21 years of age, at the same establishment, on March 2, 1999. PRESENT: Barnes, Haas, Leroux, Petryk, Stoltzman City Administrator, Robert Museus City Attorney, Dave Snyder BoRaymond Bogotty, Owner of Ricci's Mayor Stoltzman summarized the allegation against Ricci's. Bogotty, representing himself, stated he should not be punished for the actions of his bartender, since she was not an employee but an independent contractor. After all testimony was presented to the Council, the following motion was made: Barnes made motion, Petryk seconded, to make a finding that a violation of Hugo City Code Chapter 150, Sec. 10, Subd. 3 and Minnesota Statutes Section 340A.503, Sudb. 2 (1) has been proved based upon the evidence and information received by the Council at this hearing. AYES: Barnes, Haas, Leroux, Petryk, Stoltzman Motion carried. City Council meeting of November 1, 1999 Page 4 Barnes made motion, Petryk seconded to impose a $1,000 fine and suspend Ricci's liquor license for seven consecutive days, as in accordance with Hugo City Code Chapter 150, Sec. 12, Subd. 1. Leroux stated, though a solution to the problem of alcohol consumption by minors seems to be evasive, bar owners should be diligent in having their bartenders check I.D.'s. He felt suspending Bogotty's license was excessive. Haas felt it was their civic duty to punish violators, and though suspending Bogotty's license was punitive, he favored a higher fine and shorter suspension. Barns withdrew her motion, and Petryk rescinded her seconded. Petryk made motion, Haas seconded, to impose a $2,000 fine, with no suspension of license, for violation of Hugo City Code Chapter 150, Section 10, on BoRaymond Bogatty, owner of Ricci's. AYES: Barnes, Petryk Haas NAY: Leroux, Stoltzman Motion carried. GLENBROOK AVENUE BERM Mr. Bruce Kerber and Jack Menkveld of North Suburban Development requested to speak to the Council regarding the berm required on the south end of Glenbrook Avenue in the Oneka Lake View East Subdivision. Menkveld was unclear as to the City's requirements for the construction of the berm. The Council confirmed that the motion made by Council on August 9, 1999, was in effect, and the berm should be constructed in accordance with the standards stated in OSM's letter dated August 25, 1999. JUDICIAL DITCH 2 Mr. Fran Miran requested to discuss the Judicial Ditch 2 status with the Council. He urged the Council to. consider the long tens effect of stormwater runoff to Judicial Ditch 2 and requested that the Council take the necessary steps to gain control of it. Petryk made motion, Haas seconded, to recess into executive session, at approximately 10:20 p.m., in order to discuss Judicial Ditch 2 litigation with the City's Water Resource Engineer, PeteWillenbring. All AYE. Motion carried. At approximately 10:55 p.m., the City Council returned to open session. RESIGNATION OF CITY ADMIMSTRATOR Robert A. Museus., City Administrator, submitted his written resignation, effective January 31, 2000, for consideration by the Council. Stoltzman made motion, Petryk seconded, to accept the resignation of Robert A. Museus, effective January 31, 2000, with payment for terminal leave benefits, per the City's Personnel Policy. City Council meeting of November 1, 1999 Page S Ayes: Hass, Leroux, Petryk, Stoltzman NAY: Barnes Motion carried. Stoltzman made motion, Leroux seconded, to recess until Wednesday, November 3, 1999. All AYE. Motion carried. Michele Lindau, Deputy Clerk