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HomeMy WebLinkAbout1995.05.15 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF MAY 15, 1995 The meeting was called to order by Mayor Fran Miron at 7:00 PM. PRESENT: Barnes, Goiffon, LaValle, Leroux„ Miron City Administrator, Robert Museus City Attorney, Greg Galler City Engineer, Joel Dresel City Clerk, Mary Ann Creager The following items were added to tonight's agenda: reserve City park (Catherine Miron), Lessard/Nyren Special Use Permit, and Woods of Bald Eagle. Miron made motion, LerOUX seconded, to adopt the following consent agenda: Minutes for Board of Review (May 1, 1995) Minutes for City Council Meeting (May 1, 1995) Claims for May 15, 1995, in the amount of $108,003.56 First Council Meeting in July to be Held on July 5, 1995 Reserve Citi/ Park on August 5, 1995 (Renslow/Rodrique) Meeting with Howard Lestrud (June 12, 1995) Auto Recycling License (Schumann) City Hall Building Committee discussion tabled until June 5, 1995 The foregoing consent agenda was adopted unanimously. Resident Jim Brevig requested that a letter he drafted be included as a part of the minutes for the special Council meeting of May 2, 1995. The Council denied his request. Leroux made motion, LaValle seconded, to approve the minutes for the special City Council meeting of May 2, 1995, as submitted. VOTING AYE: Goiffon, LaValle, Leroux, Miron ABSTAINED: Barnes Motion Carried. COUNTY ATTORNEY PRESENTATION Mr. Richard Arney, Washington County Attorney, spoke to the Council regarding the need for a County -wide juvenile curfew ordinance. LeroUX made motion, Goiffon seconded, that the City of Hugo endorses the concept of the Juvenile Curfew Ordinance, and direct City staff to develop a similar ordinance for the City and provide to the Council for their review. All aye. Motion Carried. PUBLIC HEARING (LIQUOR ORDINANCE VIOLATION) At the Council meeting of May 1, 1995, Mr. Leonard Minich requested a delay in his hearing before the Council regarding allegations that he violated his liquor license by selling alcohol to minors. The Council granted the delay until this evening's meeting. Mr. Minich signed a Stipulation with the City citing the violations which occurred, and the Council need only determine what sanctions, if any, to impose. Richard City Council meeting of May 15, 1995 Page 2 Carlson, attorney for Mr. Minich, as well as Mr. Minich, were present at the meeting. Mr. Carlson explained steps taken by Mr. Minich to correct the problem, and asked that the Council take into consideration that Mr. Minich has been in business for two years, and has not had any similar problems with the City. Miron made motion, LaValle seconded, to accept the signed Stipulation in the matter of allegations of liquor license violations against versus LAM International, Inc., d/b/a R.J.' Lounge. All aye. Motion Carried. LaValle made motion, Barnes seconded, that the City of Hugo suspend Mr. Minich's liquor license three days for each violation (15 days). Mr. Minich has the option to submit a plan to the City Attorney within 10 days from May 15, 1995 for a voluntary surrender of the license for 10 days, which shall include two weekends. The voluntary surrender shall take place within ._.O days from May 15, 1995. If Mr. Minich does not submit a plan for surrender, then the City will suspend his license for 15 days starting at 12:01 AM on May 27, 1995 until 12:01 AM, June 11, 1995. VOTING AYE: Barnes and LaValle VOTING NAY: Goiffon, Lerou::, Miron Motion Failed. Leroux made motion, Goiffon seconded, to fine Leonard Minich $l,0C.)0.0C) fol liquor license violations, and suspend his liquor license for a three-day period, to include one weekend (three consecutive days starting on a Friday). Suspension is to take place within 30 days from this date (5/15/95). VOTING AYE: Barnes, Goiffon, Leroux, Miron VOTING NAY: LaValle Motion Carried. PUBLIC HEARING (AMENDMENT TO SOLID WASTE ORDINANCE) A public hearing was held to consider amending the City's solid waste ordinance by increasing the number of licensed haulers permitted to operate in the community from six to seven. There were no oral or written comments. LaValle made motion, Goiffon seconded, to adopt ORDINANCE 95-298 AN ORDINANCE AMENDING CHAPTER 120 OF THE HUGO CITY CODE REGULATING THE LICENSING, COLLECTION, AND DISPOSAL OF GARBAGE, OTHER REFUSE, RECYCLABLES, AND YARD WASTES BY INCREASING THE NUMBER: OF HAULERS ALLOWED TO OPERATE WITHIN THE CITY FROM SIX TO SEVEN. VOTING AYE: Barnes, Goiffon, LaValle, Leroux, Miron Motion Carried. PUBLIC HEARING (AMENDMENT TO SUBDIVISION REGULATIONS) A public hearing was held to consider amending the City's subdivision regulations regarding street construction standards. There were no oral or written comments. '• City Council meeting of May 15, 1995 Page _ Leroux made motion, Goiffon seconded, to adopt ORDINANCE 95-299, AN ORDINANCE AMENDING CHAPTER 260 OF THE HUGO CITY CODE ENTITLED "STREETS, SIDEWALKS AND BRIDGES" BY CHANGING THE CRITERIA FOR STREET CONSTRUCTION AND IMPROVEMENT. VOTING AYE: Barnes, Goiffon, LaValle, Leroux, Miron Motion Carried. Barnes made motion, Leroux seconded, that the Council approve that only a summary of Ordinance 95-299 need be published in the legal newspaper. All aye. Motion Carried. Leroux made motion, Barnes seconded, to adopt ORDINANCE 95-300, AN ORDINANCE AMENDING CHAPTER 290 OF THE HUGO CITY CODE ENTITLED "SUBDIVISION" BY CHANGING THE STREET DESIGN STANDARDS FOR NEW DEVELOPMENT IN THE COMMUNITY. VOTING AYE: Barnes, Goiffon, LaValle, Leroux, Miron Motion Carried. PROPOSED AGREEMENT (ATKINSON GRAVEL PIT At Council direction, the City Attorney has been working with Mr. Dean Atkinson's attorney to reach an Agreement on the continued use of the rock crusher at Mr. Atkinson's gravel pit. A draft copy of the Agreement was provided to the Council for review. Final action is not required at this time. The amended rock crusher ordinance will not be acted on until the Agreement with Mr. Atkinson is finalized. FIRE DEPT SOP AND ANNUAL REPORT Fire Chief, Jim Wisner, was present to discuss these matters with the Council. Miron made motion, LaValle seconded, to table the Fire Dept SOP until the Council meeting of June 5.. 1995 to make requested changes. All aye. Motion Carried. Miron made motion, Leroux seconded, to accept the Fire Dept's Annual Report, and the City Administrator and Finance Director review the Fire Chief's recommendations as to how they impact the City's budget. All aye. Motion Carried. BESA (TIME EXTENSION FOR AMENDED SUP) The Fuld Eagle Sportsman Association provided the City with a copy of an article prepared by William L. Kramer of Gall State University regarding the relative noise levels between black power firearms and modern, smokeless firearms. The Association requested that this article be accepted by the Council instead of the requested on-site noise analysis. City Council meeting of May 15, 1995 Page 4 If the article is not acceptable to the City, then the Sportsman Association requested that the City provide more detailed standards regarding the testing required. In addition, the Association requested that the building permit and DCM shoot date amendments to the SUP be approved by the Council. Leroux made motion, Miron seconded, to approve the amended SUP for the Fuld Eagle Sportsman Association to allow construction of a 28' x 32' addition to an existing building on site to be used for equipment storage and the removal of three trailers from the site, and changing the date of the DCM shoot from one day in October to an additional day in September. The City accepts the study of Mr. Kraemer from Full University regarding noise levels of black powder guns, but denies the Club's request to use black powder firearms on their property in Hugo. The Council was concerned that use of black powder firearms on the site would be an intensification of use. Leroux made motion, Miron seconded, to amend the previous motion including the provision that the Club make a $1,000 security deposit with the City to insure removal of the storage trailers within 30 days of completion of construction of the 28' x 32' building. VOTE ON AMENDMENT: All aye. Motion Carried. VOTE ON ORIGINAL MOTION: All aye. Motion Carried. LESSARD/NYREN (SPECIAL USE PERMIT) Lessard/Nyren Utilities, Inc, 17385 Forest Blvd. North, requested a SUP to maintain exterior storage as a principal use on their property at 177,85 Forest Blvd in accordance with the submitted site plan. The Hugo Planning Commission considered this request on April 26, 1995, and recommended approval of the SUP subject to special conditions. The Council discussed this request matter at their meeting of May 1, 1995, and tabled the request until tonight's meeting to answer questions regarding drainage, environmental concerns regarding spillage, and vegetation. Barnes made motion, Leroux seconded, to approve the SUP request of Lessard/Nyren Utilities, 17.85 Forest Blvd, to maintain exterior storage as a principal use on their property, subject to review of the site plan by the City Engineer, and the following special conditions: 1. The lot be improved by landscaping, grading, bituminous surfacing of parking spaces, and access drives. 2. All yard requirements of the ordinance are met. +. Secure fencing of the storage area. 4. Screening of the storage area is provided to adjacent property. 5. Rice Creek Watershed District approval. 6. Pine trees, 5 to 6 feet be planted as specified in the site plan, with pine saplings planted on the east property line. 7. The Special Use Permit shall be subject to City review if the property is sold and ownership transferred. 8. Storage shall be limited to utility equipment and materials. City Council meeting of May 15, 1995 Page 5 9. Bo maximum of the property shall be used for buildings, impervious surface, and exterior storage. 10. Screening must be maintained for as long as the use exists. 11. Site grading and storm water retention shall be subject to approval of the City Engineer. All aye. Motion Carried. LIONS REQUEST The Hugo Lions Club requested that the City participate, on an equal basis, with the Club in the purchase of two bleachers for use in the Hugo park. The cost of the two bleachers is $51745.00. Miron made motion, Leroux: seconded, that the City of Hugo participate in the amount of $1,500 in the purchase of two bleachers for use in the Hugo park.. All aye. Motion Carried. WBL COMMUNITY EDUCATION REQUEST Mr. Dave Guenther, Director of Community Services and Recreation for the WBL School District, requested that the City of Hugo consider taking over the daily maintenance of the two ballfields located in the City park, as well as the two ballfields at Hugo Elementary School, during the summer months when they are used for community softball. The City does not have the equipment necessary to maintain these ballfields, and a tractor and draq would need to be purchased or leased by the City. Staff estimates labor costs, based on Mr. Guenther's estimates of two hours of work daily, at approximately $700 for the season. If the Council is receptive to the school district's request, staff recommended that, rather than taking responsibility for the ballfield maintenance, the City make a contribution towards labor expense, as the school district already has the equipment to maintain the fields. Miron made motion, Goiffon seconded, directing City staff to inform the Dave Guenther, WBL Community Services Director, that his request for financial aid from the City is not a budgeted item, and the City is denying the request. All aye. Motion Carried. LETTER REGARDING SPEED LIMIT ON 125TH STREET At the last Council meeting, Mayor Miron presented a letter from a resident regarding lowering of speed limits on 125the Street. A letter from the City Administrator addressing the resident's concerns was provided to the Council for their information. REQUEST TO RESERVE CITY PARK (MIRON) City Council meeting of May 15. 1995 Page b LeroU; made motion. Goiffon seconded, that the City approve the request of Catherine Miron to reserve the Hugo park: and one ballfield for Sunday, June 18. 1995. All aye. Motion Carried. WOODS OF BALD EAGLE The City Attorney reported that he had not received a response from Mr. Duffy, attorney for developers of the Woods of Bald Eagle, to his letter.The City Attorney suggested that tonight's meeting be recessed to May 22, 1995, rather than adjourned, to discuss this matter. Miron made motion, LaValle seconded, that the City Attorne,," contact Mr. Duffy to insure that he is agreeable in delaying the court hearing regarding litigation between the City and Grace Development, Inc. If the City does not receive an assurance that the litigation has been delayed, staff is to prepare Findings to Fact to deny the subdivision. All aye. Motion Carried. POST OFFICE The City Administrator reported that the City has completed an Earnest Money Contract with Burnet Realty for the purchase of the Svoboda property. LETTER FROM BRUCE BERN I N The City received a letter from Bruce Bernin regarding the elevation of Oneka Lake. This matter is to be placed on the next Council agenda. Marvin LaValle asked that the Cal Barr development. Mann Lake Estates, be added to the agenda for the continued Council meetinq on May ii. 1995. LeroU:; made motion, Goiffon seconded, that tonight's meeting be recessed At 11:00 PM until Monday, May ii, 1995, at 7:00 PM, unless Grace Development Corporation agrees to continued delay in the ongoing litigation, in which case the meeting shall be adjourned. All aye. Motion Carried. Mar, Z4�/Creager, Clerk 4b