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HomeMy WebLinkAbout1995.02.21 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF FEBRUARY 21. 1995 The meeting was called to order by Mayor Miron at 7:00 PM. PRESENT: Barnes. Goiffon, Leroux. LaValle, Miron City Attorney, Greg Galler OSM rep, Brian Bourassa City Clerk, Mary Ann Creager Discussion of Clearwater Creek subdivision is to be added to this agenda. Miron made motion, Leroux seconded, to adopt the following consent calendar: 1. Claims for 02/21/95 in the amount of $100,584.86 2. Establish March 20, 1995 as a public hearing date for an Ordinance establishing a policy for the operation of rock crushers within the Agricultural Districts of the City. _. Establish March 20, 1995 as a public hearing date for an Ordinance amending Chapter 320 of the Hugo City Code entitled "Zoning" by establishing building setback requirements from certain pipelines. 4. Establish March 20, 1995 as a public hearing date for an ordinance amending Chapter 181, Motorized Recreational Vehicles, of the City code. 5. Approve reservation of the City Park by Wilson Tool International for August 12, 1995. The foregoing consent calendar was adopted unanimously. Miron made motion. Goiffon seconded, to approve the minutes for the Special City Council meeting of February 1. 1995, as amended. All aye. Motion Carried. Barnes made motion. LaValle seconded, to approve the minutes for the City Council meeting of February 6, 1995, as amended. All aye. Motion Carried. Miron made motion, Barnes seconded, to approve the minutes for the executive session of February 13, 1995, as amended. All aye. Motion Carried. Miron made motion, Leroux seconded, to table issuance of the 1995 Solid Waste Collection Hauling Licenses until the meeting of March 6, 1995 to clarify the number of licenses to be issued. All aye. Motion Carried. PUBLIC HEARING DATE - ROCK CRUSHER ORDINANCE The Council considered an ordinance establishing a policy for the operation of rock crushers within the agricultural district of the City and recommending a public hearing date of March 20, 1995 to consider its adoption. This ordinance is intended to clarify conflicts between the City's zoning ordinance and mining ordinance. City Council meting of February 21, 1995 Page 2 PUBLIC HEARING DATE (PIPELINE SETBACK ORDINANCE) In accordance with Minnesota Statutes, Section 299-A, staff prepared an amendment to the City's zoning ordinance, requiring building setbacks from pipelines that transport hazardous liquids. As required by law, the ordinance has been reviewed and approved by the Commissioner of Public Safety. PUBLIC HEAPING DATE (REVISED MOTORIZED RECREATIONAL VEHICLE ORDINANCE) Due to concerns raised by law enforcement personnel regarding certain problems in interpreting the current City's MRV ordinance, and in order to make the ordinance easier to understand, staff revised Chapter 181 of the Municipal Code and recommends establishing March 20, 1995 as a date for public hearing on the ordinance. A copy of the ordinance was provided to the Star Trail Association. REQUEST TO USE CITY PARK Wilson Tool International requested use of the City park, adjacent to City Hall, for their annual employee picnic to be held August 12, 1995, Wilson Tool used the site last year with no problems or complaints. ALLEGED VIOLATIONS OF CITY LIQUOR LICENSES - SENOR RICCI'S Allegations were made that Senor Ricci's, 14777 Forest Blvd., violated Hugo City Chapter 157, Section 12, by being delinquent in the payment of the firm's property taxes. A public hearing was scheduled in accordance with Chapter 150 for 7:05PM. Mr. Bo Bogatty, owner of Senor Ricci's, was present to address an allegation that he violated the terms and conditions of his liquor license by being delinquent in the payment of property taxes during the period of January 1, 1995 to present, in violation of City Code, Chapter 150, Section 9, Subd. 2. The Council reviewed City documents, and Mr. Hogatty presented the Council with a letter stating his position in this matter, along with a receipt from Washington County that he had paid his real estates taxes. After discussion, it was determined that Mr. Bogatty's taxes were not delinquent at the time of issuance of his license (12/19/94). Barnes made motion, Miron seconded, that this Council finds that the allegations made against Senor Ricci's, 14777 Forest Boulevard, have not been sustained by the evidence presented. All aye. Motion Carried. ALLEGED LIQUOR LICENSE VIOLATIONS (R.J.'S) Allegations that R.J.'s, 13891 Forest Blvd., is in violation of the terms and conditions of its liquor license by operating for a certain period of time without a license issued by the City, and by being delinquent in payment of property taxes. A hearing on the alleged violations was scheduled to consider these allegations. Mr. Lenny Minich, owner of RJ's, was present to hear evidence presented supporting the allegations, and City Council meeting of February 21, 1995 Page provide testimony on his own behalf. Deputy Sheriff Jim Gribble was present to testify that he was present at RJ's on 1/2/95 and alcoholic beverages were being served on the premises. Mr. Minich stated that he was also informed that May 15th was the last day is could pay his taxes before them becoming delinquent. There was a conflict as to when Mr. Minich completed the City's liquor license application process - Mr. Minich stating 1994, with the City's position that all the paper work was not submitted until 1995. Mr. Minich's utility bill was not paid until 1/3/95. Miron made motion, Barnes seconded, that this Council make a finding that Leonard Minich, owner of RJ's Ear and Restaurant, 13891 Forest Boulevard, did, in fact, violate City Code, Chapter 150, Section 9, as follows: 1. Selling liquor and beer at the above address without a liquor license from the City during the period January 1. 1995 to January 3, 1995. 2. Being delinquent in the payment of property taxes during the period January 1, 1995 to present. All aye. Motion Carried. Leroux made motion, Goiffon seconded, that the City impose a civil fine of $12.50 for each violation as stated previously. VOTING AYE: Goiffon, Leroux, Miron VOTING NAY: Barnes and LaValle Motion Carried. Miron made motion. Leroux seconded, directing City staff to amend the City's ordinance dealing with the issuance of liquor licenses; specifically, assuring that issuance of licenses and payment of all City encumbrances are handled in a timely manner. All aye. Motion Carried. RESOLUTION CHANGING THE NAME OF FITZGERALD AVE TO FINLEY AVE. The city building official recommended that the name of Fitzgerald Avenue on the approved plat for the Oneka Estates Subdivision be changed to Finley Avenue to more closely align the name of the street with the City's Uniform Street Naming System. As this street has not yet been constructed, staff recommended that the Council adopt the submitted resolution. Councilman LaValle did not feel that the changed name was accurate. LaValle made motion, Leroux seconded, that the Council delay action on this matter until the meeting of March b, 1995, to allow time to determine the correct name. All aye. Motion Carried. APPOINTMENT TO RICE CREEK WATERSHED ADVISORY DI;JRICT The City received a letter from the RCWD requesting that the City appoint an individual to the Technical Advisory Committee of the RCWD. The Council meting of February 21, 1995 Page 4 Watershed District is currently undertaking a thorough analysis of its policies and procedures. Miron made motion, Leroux seconded, to reappoint Debra Barnes to the Technical Advisory Committee of the Rice Creek Watershed District. All aye. Motion Carried. CLEARWATER CREEK SUBDIVISION Councilman LaValle researched the above subdivision in Lino Lakes, and provided his comments/concerns to the Council. The Council discussed the proposed subdivision at length, and determined that because the development would impact the City of Hugo, that the City inform Lino Lakes of its concerns. Barnes made motion, LaValle seconded, that tonight's meeting be recessed to be reconvened on February 27, 1995 at 7:30 PM, for the purpose of discussion of a proposed rezoning and subdivision in the City of Lino Lakes and its impact on the City of Hugo. Miron made motion, Goiffon seconded, that the City of Hugo send a letter to Lino Lakes, prior to their Council meeting, identifying Hugo's concerns with the proposed Clearwater Creel:: subdivision. All aye. Motion Carried. Miron made motion. Leroux seconded, to recess tonight's meeting at 9:40 PM until February 27, 1995 at 7:30 PM. All aye. Motion Carried. Mary n Creager, Ci / Clerk