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HomeMy WebLinkAbout1997.12.15 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF 12/15/97 The meeting was called to order by Mayor Fran Miron at 7:15PM. PRESENT: Arcand, Goiffon, Leroux, Miron City Administrator, Robert Museus City Attorney, Greg Galler City Engineer, Tom Angus City Clerk, Mary Ann Creager ABSENT: Debra Barnes Leroux made motion, Goiffon seconded, to approve the following Consent Agenda: Minutes for City Council meeting of December 1, 1997 Minutes for City Council meeting of December 8, 1997 General Claims for December 15, 1997 Planning Grant Agreement Oneka Estates LOC Reduction Loucks Letter All aye. Motion Carried. PLANNING GRANT AGREEMENT The Council considered a Contract between the City of Hugo and the Metropolitan Council that will reimburse the City $10,270 for work performed on the Comprehensive Plan. Adoption of the Consent Agenda approved the Grant Agreement, as presented. ONEKA ESTATES LETTER OF CREDIT REDUCTION The City Engineer recommended that the Letter of Credit maintained for the Oneka Estates subdivision be reduced to $3,550. Adoption of the Consent Agenda approved the reduced Letter of Credit amount. LOUCKS LETTER In the 1998 City budget, the City Council omitted funding for contract zoning administrative services. In order to provide the firm currently providing these services advanced notice that their services will not be retained in 1998, a letter notifying them of such was provided to the Council for their consideration. Adoption of the Consent Agenda approved the letter, as provided. City Council meeting of December 15, 1997 Page 2 TRUTH IN TAXATION HEARING A hearing was held to consider the adoption of the City's 1998 budget and property tax levy. As proposed, the general fund budget is $1,275,332 and the debt service budget is $231,444. The 1998 tax levy of $1,073,748 would be a 61/o increase over 1997 and meets the requirements of the State of Minnesota's local government levy limits. Ron Otkin, Finance Director, stated that, by law, the hearing was to hear public comment only, and that action on the levy and budget would need to be taken at a later meeting. The public hearing was opened and Julie Williams, director of the WBL Community Counseling Center, presented the Council with a financial history of the Center, with hopes of continued funding in 1998. Ed and John Waller questioned the City's spending of the following: computers, postage, telephone, and sheriff patrolling. Mr. Otkin responded to their queries. 1998 PAYAECONEKENDATION The City Council previously received the City Administrator's recommendation for the City's 1998 pay schedule. Goiffon made motion, Leroux seconded, to table this matter until the Council's budget workshop. All aye. Motion Carried. FIRE RELIEF PENSION BENEFIT The Council considered a proposal prepared by Hugo Fire Relief Association to increase their pension benefit $1,400 per year of service, effective 1/1/98. This request was reviewed by the City's Finance Director, who believes it is fiduciarily responsible, and recommended adoption of the revised benefit schedule. Leroux made motion, Goiffon seconded, to approve the Hugo Fire Relief Association's request to increase their pension benefit to $1,400 per year of service, effective 1/1/98. All aye. Motion Carried. BUILDING PERMIT FEES At the City Council's request, the City's Building Official prepared a comparison of the fees that would have been collected during 1997 under Minnesota's 1994 building permit fee schedule versus the City's existing practice of using the 1988 fee schedule. Leroux made motion, Goiffon seconded, to table until the Council's budget workshop. All aye. Motion Carried. 111 City Council meeting of December 15, 1997 Page 3 1998 LIOUOR AND CIGARETTE LICENSES (RESOLUTIONI The Council considered a resolution issuing liquor and cigarette licenses for 1998. Goiffon made motion, Leroux seconded, to adopt RESOLUTION 1997-23, A RESOLUTION APPROVING LIQUOR LICENSES FOR 1998. Approval is subject to all real estate taxes being paid by 1/1/98. VOTING AYE: Goiffon, Leroux, Miron ABSTAINED: Warren Arcand Motion Carried. WASTE HAULERS LICENSE RENEWALS Seven firms have requested to renew their license to haul solid waste in the City of Hugo. The City has received no complaints of any of the firms during the past year, and the Clerk recommended approval of the licenses. Leroux made motion, Arcand seconded, to approve 1998 Waste Hauler Licenses to the following firms: United Waste, Gene's Disposal, Red Arrow, Maroney's Sanitation, BFI Waste Systems of North America, Waste Management Blaine, and DoAll Service. All aye. Motion Carried. MASTER PARK PLAN At the Council meeting of December 1, 1997, the Hugo City Council received a recommendation from the Planning Commission to approve a Master Park Plan for the community. The Council tabled action on the Plan at that time to provide the Council additional time to review and consider the document. Discussion continued regarding Plan maps and natural area designations. It was reiterated that the Plan was not law, but simply a guide. Leroux made motion, Goiffon seconded, to table this matter until the City Council meeting of January 5, 1998. All aye. Motion Carried. HARDWOOD CREEK TRAIL The Washington County Public Works Department provided the City with a copy of their plans for the improvement and paving of the Hardwood Creek Trail from 180th Street to 140th Street, along the west side of TH6l. This plan has been reviewed by both the City City Council meeting of December 15, 1997 Page 4 Engineer and the City's water resource engineer, who have found no fault with the County's design. The County has requested that the City adopt a resolution approving the plans. Leroux made motion, Goiffon seconded, to adopt RESOLUTION 1997-24, A RESOLUTION APPROVING THE CONSTRUCTION PLANS FOR THE HARDWOOD CREEK TRAIL IN THE CITY OF HUGO (140TH STREET TO 180TH STREET). VOTING AYE: Arcand, Goiffon, Leroux, Miron Motion Carried. JACKSON PROPERTY PURCHASE AGREEMENT The City of Hugo received a letter from Mr. Gerry Duffy, the attorney representing the Jacksons in the sale of their industrially-zoned property to the City. The Council also considered a draft-response, prepared by City staff; to Mr. Duffy's comments. Leroux made motion, Goiffon seconded, to approve the draft letter to Mr. Duffy responding to the Jacksons Offer of Agreement. All aye. Motion Carried. ORDINANCE VIOLATION (4720 - 170TH STREET) At the Council meeting of December 1, 1997, the Council was notified of a large number of unlicensed vehicles being retained at the above address in violation of the City's junkyard ordinance. At that time, Councilman Leroux agreed to work with the property owner to resolve this issue, and stated that cleanup of the property has not yet been completed. Miron made motion, Goiffon seconded, to table this matter until the meeting of January 5, 1998. All aye. Motion Carried. FIRE HALL FLYER At the Council meeting of December 1, 1997, the Council requested that those individuals, who recently prepared flyers regarding the Fire Hall referendum, step forward and identify themselves, and apologize for publishing an illegal flyer. Greg Galler stated that if the City chooses to pursue legal action, the matter would be handled by the County Attorney's office. City Council meeting of December 15, 1997 Page 5 Leroux made motion, to table this matter until the City Council meeting of 1/5/98. Councilman Leroux withdrew his motion. Goiffon made motion, Miron seconded, to table this matter until the end of the month to allow further time for an apology. If no apology is forthcoming, this matter to be turned over to the City Attorney for prosecution. VOTING AYE: Goiffon, Leroux, Miron VOTING NAY: Arcand Motion Carried. MOBILE HOME PARK REGULATIONS Cities are largely preempted in regulating mobile home parks by the State of Minnesota. Numerous cities in the State have expressed concern regarding the enforcement of laws and regulation regarding mobile home parks, and the League of Minnesota Cities drafted a resolution requesting that the Minnesota Department of Health conduct a statewide study of the condition of State's mobile home parks. Leroux made motion, Goiffon seconded, to adopt RESOLUTION 1997-25, A RESOLUTION SUPPORTING MINNESOTA DEPARTMENT OF HEALTH STUDY OF MOBILE HOME PARKS. VOTING AYE: Arcand, Goiffon, Leroux, Miron Motion Carried. LETTER TO BCWD The Board of Soil Resources recently appointed the first Board of Managers for the BCWD. The Board's first course of action is to select a district engineer, a process that has not yet been finalized. A draft letter was prepared by City staff reiterating the City's concern for flooding occurring in the School Section/Goggins Lake basin. Miron made motion, Leroux seconded, to approve the draft letter for submission to the Board of Managers for the Browns Creek Watershed District. All aye. Motion Carried. City Council meeting of December 15, 1997 Page 6 FIRE CHIEF RETIREMENT The Council received a letter from Fire Chief, Jim Wisner, stating his intent to retire from the Department on June 1, 1998, after 33 years of service. Staff requested Council guidance on the process desired for selection of a new Fire Chief for the community. Miron made motion, Goiffon seconded, that the peer review started by Fran Miron, Jim Leroux, and Jim Wisner be completed, and direct staff to post notice of Fire Chief vacancy. The Peer Review Committee will report their findings to the Council upon completion of their review. All aye. Motion Carried. SOUTH ONEKA LAKE ASSESSMENT AGREEMENT The Council considered a proposed Agreement between the City of Hugo and five property owners in the South Oneka Lake area for the preparation of a storm water management plan for a tributary to Clearwater Creek. The cost of the study, including floodplain amendments, is expected to be $45,000. The Agreement proposes assessments against the benefited property owners in the agreed upon amounts. The City would pay for approximately 25% of the project's cost, representing the benefit being received by property owners within the subwatershed who are not a part of the Agreement. It is expected that the Agreement will undergo some minor modifications in response to comments received from the property owners. Councilman Arcand, one of the five property owners, stated his need for a breakdown of costs, and that his number one priority was the lowering of Oneka Lake. The City Administrator stated that the Agreement and Oneka Lake are totally different issues, and the Oneka Lake matter was being decided by the RCWD. Resident Ron Cressman expressed an interest in being included in the project, as well as a willingness to pay. Leroux made motion, Goiffon seconded, to approve the South Oneka Lake Assessment Agreement as presented. The decision to proceed with the Agreement will be made by the affected property owners. VOTING AYE: Goiffon, Leroux, Miron ABSTAINED: Warren Arcand Motion Carried. Leroux made motion, Goiffon seconded, to recess tonight's meeting at 11:00PM until December 16, 1997, Hugo City Hall, at 7:30PM. All aye. Motion Carried. Mary Ann Creager, City Clerk The electronic equipment for this meeting was not functioning properly. MINUTES FOR THE HUGO CITY COUNCIL MEETING OF 12/16/97 At approximately 7:35PM, Mayor Fran Miron reconvened the Council meeting of December 15, 1997. PRESENT: Arcand, Barnes, Goiffon, Leroux, Miron City Administrator, Robert Museus The purpose of this meeting was for the of adoption of the City's tax levy and budget for 1998. Leroux made motion, Goiffon seconded, to adopt RESOLUTION 1997-26, A RESOLUTION APPROVING PAYABLE 1998 FINAL LEVY CERTIFICATION IN THE AMOUNT OF $1,073,748. VOTING AYE: Arcand, Barnes, Goiffon, Leroux, Miron Motion Carried. Miron made motion, Goiffon seconded, to adopt RESOLUTION 1997-27, A RESOLUTION APPROVING THE GENERAL FUND BUDGET FOR THE 1998 FISCAL YEAR IN THE AMOUNT OF $1,275,332. VOTING AYE: Arcand, Barnes, Goiffon, Leroux, Miron Motion Carried. The Mayor requested that a copy of all Service Contracts be provided to Council members. The City Council considered a revised Development Agreement for the subdivision known as the Woods of Bald Eagle Lake, allowing for the development of an approximately 184- acre parcel of land into 58 single family residential lots, 12 townhouse lots, and 4 outlots. Changes to the Development Agreement were requested by the developer, The Woods of Bald Eagle Lake LLC, who have acquired the project from the previous developer, Grace Development Corporation. Miron made motion, Leroux seconded, to approve the Development Agreement subject to the following changes: 1. Paragraph 2.b., page 2, should read: The City agrees that it will allocate from the acreage allocated to the City by the Metropolitan Council for the MUSA line extension, sufficient acreage to assure that all of Phase I of the plat, south of 130th Street, is within the City's MUSA. The Developer shall provide such information as is required by the City to meet Metropolitan Council requirements for notification of MUSA extension. 2, Paragraph 8, page 11, should have the following added: It shall be the Developer's responsibility to field verify the minimum first floor elevation for all building lots, based on actual field conditions, prior to submitting a Certificate of Survey to the City for each lot. 3. Paragraph 12.d., page 12, the first sentence should read: The Developer shall be allowed building permits for no more than ten (10) model homes, and no more than (6) townhouses to be built within Phase I, prior to substantial completion of all improvements serving those lots. 4. Paragraph 13.a., page 16, a clause of section should be added to the first paragraph stating that conditional Certificate of Occupancies, issued by the City under Paragraph 13.a. of this Agreement, shall not allow the property to be sold or closed upon before a final Certificate of Occupancy is issued by the City, and that any sale of such property, based on the conditional Certificate of Occupancy, shall be subject to the liquidated damages herein described. 5. Street names for the project shall be approved by separate action of the Council. 6, The Development Agreement shall be subject to the review and approval of the City Attorney. All aye. Motion Carried. Leroux made motion, Goiffon seconded, to adjourn at 8:45PM. All aye. Motion Carried. Robert A. Museus City Administrator