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HomeMy WebLinkAbout1999.12.20 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF DECEMBER 20, 1999 The meeting was called to order by Mayor Walter Stoltzman at 7:00 pm. PRESENT: Barnes, Leroux, Petryk, Stoltzman City Administrator, Robert Museus City Attorney, Greg Galler City Engineer, Dave Mitchell City Clerk, Mary Ann Creager ABSENT: Chuck Haas ADDITIONS TO AGENDA Letter to Jeff Nordness (Fisher Development) CONSENT AGENDA Leroux made motion, Petryk seconded, to adopt the following Consent Agenda: City Council minutes for December 6, 1999 City Council minutes for December 10, 1999 Minutes for executive session - December 10, 1999 City Council minutes for December 13, 1999 Claims for December 20, 1999 Findings of Fact (Neeser) Findings of Fact (Peltier) All aye. Motion Carried. FINDINGS OF FACT (NEESERI The Council considered revised Findings of Fact regarding the Council denial of the rezoning request made by Mr. and Mrs. Jerry Neeser, for part of the NE 1/4 of the SE 1/4 of Section 18. Adoption of the Consent Agenda approved the Findings of Fact as presented. FINDINGS OF FACT (PELTIER) The Council considered revised Findings of Fact regarding the Council denial of the rezoning request made by Martha Peltier, for the NE 1/4 of the SE 1/4 of Section 18. Adoption of the Consent Agenda approved the Findings of Fact as presented. YEAR 2000 LIQUOR LICENSES (RESOLUTION) The Council considered a resolution approving the issuance of liquor licenses, cigarette licenses, and game permit for the year 2000. The Administrator informed the Council that the End Zone's application was being made by Antonina Kramarczuk, on behalf of the Smirnove Corporation. City Council meeting of December 20, 1999 Page 2 Leroux made motion, Stoltzman seconded, to adopt RESOLUTION 1999-24, A RESOLUTION APPROVING YEAR 2000 LIQUOR LICENSES. VOTING AYE: Barnes, Leroux, Petryk, Stoltzman Motion Carried. WASHINGTON COUNTY SHERIFF'S OFFICE REPORT Sergeant Jay Kimble of the Washington County Sheriff's Office briefed the Council on the Sheriffs Department Y2K response plan. FIREFIGHTER RELIEF PENSION BENEFIT The Council considered a recommendation from the City's Finance Director to increase the Fire Department's pension benefit to $2,000 per year of service. Funding for the pension comes from designated state aid derived from a special levy on fire insurance policies written in the City of Hugo, and the interest moneys earned from investment of these funds. Stoltzman made motion, Barnes seconded, to approve increasing the firefighters' pension benefit to $2,000 per year of service. All aye. Motion Carried. CIVEL PENALTY HEARING (CARPENTER'S) A hearing was called to order at 7:20 pm to consider allegations that Swanny of Hugo, Inc., dba Carpenter's Steakhouse, 14559 Forest Blvd., had violated the terms of their liquor license by selling an alcoholic beverage to an underage person on or about October 20, 1999. PRESENT: Barnes, Leroux, Petryk, Stoltzman City Administrator, Robert Museus City Attorney, Greg Galler City Engineer, Dave Mitchell City Clerk, Mary Ann Creager Catherine Anderson, and her son, Mike, were present on behalf of Carpenter's. The Mayor cited the allegation against Carpenter's, and Catherine Anderson, owner of Carpenter's, did not deny any wrongdoing, but stated that she felt they were "set up", and the law was placing undo pressure on their business. Barnes made motion, Stoltzman seconded, that this Council make a finding that a violation of Hugo City Code, Chapter 150, Section 20, Subd. 3, and Minnesota Statutes, Section 340A.503, Subd. 2(1) has been proved based upon the evidence and information received by the Council at this hearing. All aye. Motion Carried. City Council meeting of December 20, 1999 Page 3 Because this was Carpenter's seconded violation this year, the Administrator recommended that Carpenter's be fined $1,000 and suspend their license for seven (7) days. Catherine Anderson stated that the suspension would be more of a hardship on her employees, and asked the Council reconsider the recommendation. She stated that their new policy is to card anyone who looks 40 or younger. Councilman Leroux questioned whether there was not a better way to deal with these ordinance violations in fight of the amount of Council time needed to act on violations. Petryk made motion, Stoltzman seconded, to table civil penalty action on Carpenter's ordinance violation to allow the Mayor and Councilman Leroux to meet with liquor license holders in an effort to resolve more equitably liquor license violations. A report will be presented to the Council at their meeting of February 22, 2000. All aye. Motion Carried. Stotlzman made motion, Barnes seconded, to close Carpenter's civil penalty hearing at 7:55 pm. All aye. Motion Carried. ZONING COMPLAINT (15989 JEFFREY AVENUE) The City of Hugo received a complaint regarding an animal butchering operation being conducted at 15989 Jeffrey Avenue. The Council received a letter from the City Attorney stating his opinion that the slaughtering operation is in violation of the City's zoning ordinance. Stoltzman made motion, Leroux seconded, to authorize the City Attorney to table discussion of this matter until the meeting of January 3, 2000, to allow discussion with Councilman Haas. All aye. Motion Carried. FIRST RIGHT OF REFUSAL (BERNIN PROPERTY) The Council considered a request from the Park Commission that the City enter into a contract to obtain the first right of refusal for the purchase of the Bernin property located along the southwest edge of Oneka Lake. Barnes made motion, Petryk seconded, to draft a Right of Refusal for the Bernin property for Council consideration and approval. All aye. Motion Carried. Attorney Galler stated that he will coordinate a meeting with real estate attorney, Bob Briggs, and the Parks Commission. City Council meeting of December 20, 1999 Page 4 SANITARY SEWER AND WATER RATE STUDY The Council considered for approval a sewer and water rate study prepared by OSM and Associates. In order to implement the proposed rates, the Council will need to adopt resolutions. Leroux made motion, Barnes seconded, to adopt RESOLUTION 1999-25, A RESOLUTION ESTABLISHING WATER SERVICE RATES. VOTING AYE: Barnes, Leroux, Petryk, Stoltzman Motion Carried. Stoltzman made motion, Barnes seconded, to adopt RESOLUTION 1999-26, A RESOLUTION ESTABLISHING SANITARY SEWER SERVICE RATES. VOTING AYE: Barnes, Leroux, Petryk, Stoltzman Motion Carried. Stoltzman made motion, Barnes seconded, to accept the sanitary sewer and water rate study, as prepared by OSM. All aye. Motion Carried. STORM WATER PONDING FEES The Council considered a revised letter to developers in the City of Hugo specifying the methodology the City will use in applying its stormwater utility ordinance to developments within the community. Barnes made motion, Leroux seconded, that the City accept the storm water trunk and ponding fee policy for distribution to developers. All aye. Motion Carried. 120TH STREET TRAFFIC SIGNAL The City Engineer briefed the Council on a meeting he attended with the MnDOT and officials from Ramsey County, White Bear Township, and City of Grant for establishment of a traffic signal at the 120th Street and TH61 intersection. It was agreed that Hugo and White Bear Township will coordinate an approach to the City of Grant in an effort to improve Goodview Avenue located in their community. HOUSING POLICY Consideration of the draft housing policy for the City was tabled at the regular Council meeting of December 6, 1999. The Council stated that they would like to discuss this matter at a joint workshop with the Planning Commission. City Council meeting of December 20, 1999 Page 5 Petryk made motion, Leroux seconded, to table discussion of the housing policy to a joint workshop at the Planning Commission meeting of January 26, 2000, at 8:30 pm. All aye. Motion Carried. CITY WEB SITE The Council considered bids received by the City for establishment of a City web site. The Administrator recommended Hugo Consulting because of the lower up -front cost and lower monthly maintenance. Petryk made motion, Barnes seconded, to accept the Administrator's recommendation and accept the bid of Hugo Consulting to establish a web site at a cost of $2,500, plus a $60/month for maintenance. All aye. Motion Carried. CITY COUNCEL DEVELOPMENT REVIEW CHECKLIST The Council considered a recommendation from the City Attorney that the City Council adopt a practice of preparing a checklist demonstrating the Council's review of development applications as part of its regular process of reviewing land development proposals. The Council and staff agreed to implement the development review checklist. HEARING DATE FOR TIF AMENDMENT The Council considered a recommendation from Ehlers and Associates that the Council conduct a public hearing to modify the City's Tax Increment Taxing District No. 1-1, by including Lots 1 and 2, Block 1, Bald Eagle Industrial Park 3rd Addition into the TIF District. These lots are part of the industrially -zoned property between Fenway Boulevard and TH61 that were not included in the establishment of the original TIF District, as they had not yet been subdivided from the property owned by Mr. Roy Molitor west of Fenway Boulevard. Stoltzman made motion, Barnes seconded, to adopt RESOLUTION 1999-27, A RESOLUTION CALLING FOR A PUBLIC HEARING ON FEBRUARY 7, 2000 ON THE PROPOSED ADOPTION OF THE MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1, AND THE PROPOSED MODIFICATION OF TIF DISTRICT NO. 1-1 THEREIN, AND THE PROPOSED MODIFICATION OF THE TIF PLAN THEREFOR. VOTING AYE: Barnes, Leroux, Petryk, Stoltzman Motion Carried. DRAFT LETTER TO ESSENCE REAL ESTATE SERVICES Barnes made motion, Leroux seconded, to approve the draft letter to Jeff Nordness regarding a proposed development by Fisher Company. All aye. Motion Carried. City Council meeting of December 20, 1999 Page 6 Leroux made motion, Petryk seconded, to adjourn at 9:20 pm. All aye. Motion Carried. Mary Ann Creager City Clerk