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HomeMy WebLinkAbout1997.04.21 CC MinutesMINUTES FOR THE HUGO CITY COUNCH, MEETING OF APREL 21,1997 The meeting was called to order by Mayor Fran Miron at 7:09PM. PRESENT: Barnes, Goiffon, Johnson, Leroux, Miron City Administrator, Robert Museus City Attorney, Greg Galler OSM representative, Paul Hornsby City Clerk, Mary Ann Creager Additions to Agenda Discussion of WSB letter of April 17, 1997 Letters from T.H. 61 land owners Consent Agenda Miron made motion, Goiffon seconded, to approve the following Consent Agenda: City Council minutes of April 7, 1997 Minutes for Board of Review of April 14, 1997 General Claims for April 21, 1997 Park Use Request (WBL Public Schools) Findings of Fact (LaCasse Rezoning) All aye. Motion Carried. Park Use Reguest (WBL Public Schools) The WBL area public schools requested use of the ballfields and tennis courts near City Hall for their spring and summer recreation program. Adoption of the Consent Agenda reserves the facilities requested during the dates and times listed in their letter of request. Findings of Fact (LaCasse Rezoning) The Council considered Findings of Fact prepared by the City Attorney, based on Council action of April 7, 1997, for denial of the rezoning request of Gary LaCasse. Adoption of the Consent Agenda approves the Findings of Fact, as proposed. Park Use Request (Sommer and Adamson) Jerry and Betsy Sommer, 1254 Doe Circle, and Bob Adamson, 6001 Sargent Count, both residents of WBL, MN., have requested use of the City Park - Sommer on June 21, 1997 for a family get together, and Adamson during certain dates in May and June for use by Little League. There was Council discussion City Council meeting of April 21, 1997 Page 2 regarding reserving the City park for non -Hugo residents. When both ballfields and the shelter are reserved for the day, residents of Hugo are not able to use the park. The park was not reserved for the days requested by the Sommers and Mr. Adamson. Leroux made motion, Goiffon seconded, to approve City Park use as follows: 1. Jerry and Betsy Sommer, 1254 Doe Circle, WBL, MN., after 12 noon, on June 21, 1997. 2. Bob Adamson, 6001 Sargent Court North, WBL, MN., for Little League on dates and times on file in the City. VOTING AYE: Goiffon, Johnson, Leroux, Miron VOTING NAY: Barnes Motion Carried. Findings of Fact (LaCasse Rezoning) The Council considered Findings of Fact prepared by the City Attorney, based on Council action on April 7, 1997, for denial of the rezoning request of Gary LaCasse. Adoption of the Consent Agenda approves the Findings of Fact, as proposed. Animal Control Uodate Mr. Rick Ruzicka of Animal Control Services, Inc., was to appear at the Council meeting to provide the Council with an update on his firm's activities in administering the City's Animal Control Ordinance during the last year. Mr. Ruzicka failed to appear. Miron made motion, Leroux seconded, to table this matter for a future meeting date. All aye. Motion Carried. Reauest to Amend SUP (Puleo) The City received a letter from Mr. Robert Collins, an attorney representing Frank and Jody Puleo, 6375 165th Street, regarding the SUP granted to Mr. Puleo for his property at the above address, in December, 1996. Mr. Collins requested that two of the conditions placed on the Permit be amended as follows: City Council meeting of April 21, 1997 Page 3 Condition 1 which states, "The SUP shall become null and void upon subdivision of the property", be changed to read, "Upon further subdivision of the property, the Council shall review the terms of the SUP." Staff believes that the proposed language changes be onus of the condition from requiring the property owner to seek an extension of the SUP at the time of subdivision to the Council's denying an extension of the SUP upon subdivision of the property. Staff recommended Council not amend this condition of the SUP. 2. Condition 6 be changed from, "No accessory structure shall be constructed for the purpose of conducting such retail sales" to, "No accessory building for the purposes of conducting such retail sales shall be constructed without Council approval." This change would seem to be intended to allow approval of retail sales on the site, with Council approval, without amendment of the SUP. Since the language proposed is grammatically clumsy, staff recommended that the wording be changed to, "No accessory structure shall be constructed for the purpose of conducting such retail sales without Council approval." Barnes made motion, Leroux seconded, to amend the SUP granted to Frank Puleo in December, 1996 as follows: All conditions remain the same, except for Condition 6, which shall read as follows: "No accessory structure shall be constructed for the purpose of conducting such retail sales without Council approval." All aye. Motion Carried. Peter Willenbrine (WSB) Mr. Willenbring was present at the meeting requesting the City purchase 1996 aerial two -foot aerial photography from Markhurd, for all areas adjacent to the Clearwater Creek within Sections 19 and 30, for the sum of $4,600. WSB would be willing to reduce their fee for the Clearwater Creek project by $1,600 to offset the cost of the maps. Barnes made motion, Goiffon seconded, authorizing WSB to purchase two -foot aerial photography for Sections 19 and 30 from Markhurd, for a cost of $3,000. VOTING AYE: Barnes, Goiffon, Leroux, Miron VOTING NAY: Johnson Motion Carried. City Council meeting of April 21, 1997 Page 4 Mr. Willenbring updated the Council on all projects his firm has been studying. Professional Services Agreement (Property Annraisals) The Council considered an Agreement between the City of Hugo and Lake States Realty Services, Inc., for a benefit analysis for approximately 54 parcels of property to be serviced by the Peloquin Industrial Park improvement project. Council had directed staff to discuss the possibility of amending the Professional Services Agreement to lower the cost of the appraisals. The contractor felt very strongly that any cost savings in not performing the project as originally proposed would be minimal, and would substantially increase the City's risk in justifying any appraisals made relying on the study. A letter from Mr. Kevin Shoeberg, an attorney in Greg Galler's office, recommended certain changes be made to the Agreement. Barnes made motion, Leroux seconded, to approve the Agreement between the City of Hugo and Lake States Realty Services, Inc., for a benefit analysis for approximately 54 parcels to be serviced by the Peloquin Industrial Park improvement project, as amended. All aye. Motion Carried. Personnel Policy Review At the Council meeting of April 7, 1997, the Council received a proposed personnel policy for the City, and staff requested Council input and direction. As the Council requested further time to review the policy, no action was taken at this time. Reauest for Sneed Limit Review (Wolff) Agnes Wolff, 5120 165th Street North, requested the City install speed limit signs on 165th Street North, west of T.H. 61. She was concerned that this stretch of 165th Street is gravel, and conditions are not good for 55-65 mph. In addition, higher traffic speeds increase the amount of dust raised off the roadway. The Council is aware that any change to the speed limits on this road must be approved by the Commissioner of Transportation. The Council may request, by resolution, that a speed study on the roadway be conducted by MNDOT. Staff believed that it is unlikely that this stretch of road will have speed limits reduced below the existing 55 mph. Council could direct staff to install a speed limit sign on both 165th Street at T.H. 61 and at Elmcrest Avenue. City Council meeting of April 21, 1997 Page 5 Miron made motion, Leroux seconded, directing the City Administrator send a letter to Ms. Wolff stating that it was the Council's opinion that there would be no reduction in the existing 55 mph speed limit, and inform her of procedure/cost of blacktopping 165th Street. All aye. Motion Carried. Coalition of Utility Cities The Council reviewed a letter from the City of Becker requesting the City of Hugo join with other communities in lobbying to stop the State Legislature from granting an exemption from personal property taxes to investor-owned utilities. The Council may remember from past discussion that investor-owned utilities, such as NSP, have been lobbying the State to receive an exemption from personal property taxes on their generating in distribution facilities. This change would cost the City of Hugo 12% of its property tax base, representing approximately $125,000 in revenue per year. Staff recommended the City of Hugo join the coalition, contribute $1,000 to help defray lobbying expenses, and adopt the proposed resolution. Leroux made motion, Miron seconded, to adopt RESOLUTION 1997-6, A RESOLUTION IN SUPPORT AND FORMATION OF A COALITION OF CITIES TO DEAL WITH TAX REFORM FOR INVESTOR-OWNED UTILITIES REGARDING TAX ON PERSONAL PROPERTY. VOTING AYE: Barnes, Goiffon, Johnson, Leroux, Miron Motion Carried. Leroux made motion, Barnes seconded, that the City contribute $500 to help defray lobbying expenses. All aye. Motion Carried. Proaosed Resolution (Adult Use Zoning) The Council received from the City Attorney his research and findings regarding the City's implementing an ordinance regulating sexually -oriented businesses. Basically, he has indicated that the City Council must adopt Findings of Fact, based on appropriate analysis, that such an ordinance is required for the community, prior to adopting any amendments to the City's zoning ordinance controlling such uses. After adoption of the proposed resolution, the Planning City Council meeting of April 21, 1997 Page 6 Commission may then consider adopting appropriate zoning controls for adult uses as part of its revision of the City's zoning ordinance. Miron made motion, Barnes seconded, to adopt RESOLUTION 1997-7, A RESOLUTION ESTABLISHING FINDINGS OF FACT THAT ZONING REGULATIONS OF SEXUALLY -ORIENTED BUSINESSES ARE NECESSARY TO NIIND&ZE THE SECONDARY ADVERSE EFFECTS OF SUCH BUSINESSES IN THE CITY OF HUGO. VOTING AYE: Barnes, Goiffon, Johnson, Leroux, Miron Motion Carried. Brown's Creek Uudate The Council reviewed a copy of the time schedule that Washington County Soil and Conservation Service has recommended to the Washington County Board for establishing an outlet from the School Section/Goggins Lake basin. Based on this time schedule, it is probable no relief will be realized by the City's residents in this area until 1999. It may be possible to speed up construction of the outlet to the fall of this year, if Washington County, the cities of Grant and Hugo, and May Township enter into a Joint Powers Agreement, allowing the County to construct the project using the Chapter 444 authority granted to cities. This would avoid the lengthy process of amending the Comprehensive Storm Water Management Plan for Brown's Creek. Staff recommended that representatives of the communities meet to discuss the possibility of such an Agreement. Miron made motion, Leroux seconded, directing the City Attorney, Greg Galler, to set up a meeting with the cities of Grant and Hugo, Washington County, and May Township, to discuss a proposed Joint Powers Agreement that Mr. Galler will prepare for discussion at the joint meeting. All aye. Motion Carried. Miscellaneous The Mayor presented a copy of a letter he had received from MnDOT regarding a safety study done at the intersection of T.H. 61 and 148th Street, at the request of Henry Schnider. They found no safety problems at this location. The Council discussed the recent change of ownership at RJ's and the fact that the new owner does not have a liquor license, and the ramifications should he sell liquor without a license. City Council meeting of April 21, 1997 Page 7 The City has received letter(s) from property owners adjacent to T.H. 61 requesting they be included in the extension of utilities for the Peloquin Industrial Park improvement project. Miron made motion, Leroux seconded, authorizing the City Engineer to review the feasibility of extending utilities to properties requesting inclusion in the Peloquin project. All aye. Motion Carried. Goiffon made motion, Leroux seconded, to recess tonight's meeting at 9:11 PM until April 28, 1997, at 7:30PM. All aye. Motion Carried. Mary reager, City Clerk