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HomeMy WebLinkAbout1992.01.06 CC MinutesMINUTES FOR THE CITY COUNCIL MEETING OF JANUARY 6, 1.99 The meeting was called to order by Mayor Stolt man at 7:00 PM. PRESENT: Barnes, Brunotte, Jesinski, Miron, Stolt man City Administrator, Ken Huber City Attorney, Charles Johnson City Clerk, Mary Ann Creager Miron made motion, Jesinski seconded, to approve the minutes for the City Council meeting of December 16, 1991, as submitted. All aye. Motion Carried. Jesinski made motion, Miron seconded, to approve the claims for January 6, 1992, in the amount of $4,873.19. All aye. Motion Carried. MARDELL INSURANCE CLAIM As per Council direction, this matter was tabled from the December 16, 1991 Council meeting to secure a legal opinion regarding the payment of $2,500 to the Mardell Law Office. The Council received a copy of the original letter from the Mardell Law Office, as well as a copy of Minnesota Statutes 465.76. In light of the fact that the expense incurred by the Mardell Law Office appears to be a direct result of direction of the Hugo City Council to prosecute various alleged code violations, the City staff recommended payment of the claim. Councilmen Miron and Brunotte felt that the cost incurred was the cost of "doing business". Mayor Stolt man felt the claim should be paid, and was concerned that law firm fees would increase in the future should the claim be denied. The City attorney discussed the lack of attorney immunity when proceeding with civil prosecutions directed by the City Council. He also stated that the Statutes empower the City to authorize or prohibit payment of a bill of this type, and that the League of MN Cities research people recognize this deductible as a cost of doing business. He stated that the City's attorney would be financially at risk on civil prosecution if the City didn't pay the attorney's insurance deductible. He also discussed the reasonableness of the City prosecutor's hourly rate. He saw no legal reason why the bill could not be paid. Miron made motion, Brunotte seconded, to deny the $2,500 claim from the Mardell Law Office to cover the deductible portion of attorneys' fees incurred in defense of a third party complaint against Richard Hocking. VOTING AYE: Barnes, BrUnott.e, Miron VOTING NAY: Jesinski and Stoltzman Motion Carried. ADMINISTRATOR SEARCH Mr. Jim Brimeyer was present to report on the mtatus of r,�cruitment for a city administrator. Mr. Brimeyer discussed the ad to be used for publication, and stated that he will meet with each Councilman to find out what they are looking for in an administrator. Mr. Brimeyer had a tentative candidate -interview time scheduled for the second weekend in March. City Council meeting of January 6, 1992 Page 2 Stoltzman made motion, Miron seconded, to schedule joint meetings of the City Council and Administrator Search Committee for January 27, 1992 and February 24, 1992, at 7:00 PM. All aye' Motion Carried' The Council received a status report on the Omni Pool Building at 5118 130th Street North, which was discussed at length by the City Council earlier in 1991' These violations date back to March, 1991. Last summer, Mr' Jackson appeared before the City Council and agreed to secure the required permits and bring the building up to code. In early September, 1991, the City sent a certified letter to Mr. Jackson outlining the various code violations and the deadline for compliance. Mr. Jackson refused to accept the letter, and a second letter was sent by regular mail' The deadline for bringing this building up to code was set for December 30, 1991. As of January 2, 1992, Mr. Jackson has not submitted any plans, secured any permits from the City, and has not requested an inspection. The State Electrical Inspector has informed the building department that the building has not yet been brought into compliance with the State Electrical Code. There is now a request being submitted to the Building Department to add an additional business to the building in question. The Code Enforcement Officer is seeking direction from the Cit) Council, with regard to pursuit of the previous code violations, as well as whether a permit should be issued to further intensify the use of the building, which has not yet been brought up to code' Mr' Jackson appeared before the Council and stated that he has complied with all requirements except for obtaining a permit for sheetrocking. He also stated that the State Electrical Inspector granted him a 60 -day extension to =omplete his electrical work. Miron made motion, Brunotte seconded, directing Mr' Judd Jackson to immediately obtain the recessary building permits for past work (double the permit fee), as well as permits for any additional work to be cone. Mr' Jackson has until February 18, 1992 in which to correct the 14 violations p`'eviously referenced in the City Council minutes of August 19, 1991' Councilmar ./esinski asked Mr. Jackson if he intended on correching the 14 violation- by the new deadline, and Mr' Jackson stated that he wouldn't make any promises' VOTING AYE: barnes, Brunotte, Miron, Stoltzman VOlING NAY: Jesinski Notion Carried' QER1RN811DN Of-' Miron made motion, Brunotte seconded, to appoint the Firstar Hugo Bank, The First National Bank of St. Paul, all Twin City Federal offices, the 411 City Council meeting of January 6, 1992 Page 3 Fund, and Marquette Bank of Minneapolis as the official depositories for the City of Hugo in 1992. All Aye. Motion Carried. DESIgNATION 0 0-- DIAL NEWSPAPER Currently, the official newspaper for the City of Hugo is the White Bear Press. Both the White Bear Press and the Forest Lake Times have requested that they be appointed the official newspaper for the City of Hugo' Both papers were represented at the meeting. Howard Lestrud, representing the Forest Lake Times, stated that they would be willing to include Hugo's legal notices in the Peach, which is received by 100% of Hugo residents. Barnes made motion, Jesinski seconded, to appoint the White Bear Press as the City's official newspaper for the year 1992. VOTING AYE: Barnes and Jesinski VOTING NAY: Brunotte, Miron, Stoltzman Motion Failed' Brunotte made motion, Miron seconded, to appoint the Forest Lake Times as the City's official newspaper for the year 1992. All aye' Motion Carried. Jesinski made motion, Barnes seconded, to appoint Howard Kuusisto as the City's engineer for the year 1992. All aye. Motion Carried. APPOUNT CITY ATTORNEY Currently, Mr. Charles Johnson serves as the City attorney for the City of Hugo' The City received a letter of interest from a law firm, but Councilman Barnes felt that the letter was submitted too late for consideration, and that it was not a good time to change attorneys in light of the fact that the City was preparing to hire a new city administrator' Miron made motion, Brunotte seconded, to table the appointments for the City's attorney and prosecutor until the meeting of January 21, 1992. VOTING AYE: Brunotte and Miron VOTING NAY, Barnes, Jesinski, Stoltzman Motion Failed. esinski made motion, Barnes seconded, to appoint Mr. Charles Johnson as the City's attorney for the year 1992. City Council meeting of January b, 1992 Page 4 VOTING AYE: Barnes, Brunotte, Jesinski, Stolt man VOTING NAY: Miron (.lotion Carried. APPOINT' CITY PROSECUTORS Karnes made motion, Jesinski seconded, to appoint Sarah Mardell and Richard Hocking to serve as the City's prosecutors for the year 1992. VOTING AYE: Barnes, Jesinski, Stolt man ',DOTING NAY: Miron and Brunotte Motion Carried. APPOINT CIVIL DEFENSE DIRECTOR Miron made motion, Jesinski seconded, to appoint Mr. Ron Istvanovich as the City's civil defense director for the year 1992. All aye. Motion Carried. APPOINTFIRE DEPARTMENT OFFICERS Stolt man made motion, Brunotte seconded, to appoint Fire Department officers for 1992, as follows: Ron Istvanovi.ch , Fire Chief, Jim Compton, .1st-. Assistant Chief, and Ron Gray., 2nd Assistant Chief. All aye. Motion Carried. APPOINT 7.ON I NG ADMINISTRATOR Barnes made motion, Brunotte seconded, to appoint the city administrator as the zoning administrator, and John Benson as the deputy zoning administrator for the year 1992. All aye. Motion Carried. APPOINT CHAIRMAN AND SECRETARY TO P ,01 N I NG C C.IMr°17: `•::;S 101,1 City ordinances require t.h&t the City Council appoint a. chairman and secretary to the Planning Commission at the fi.rst. regular City Council meei ing in January. The Planning Commission unanimously recommended the appointment of Bill Meczano as its chairman for 1992. Currently. Carc�lc;;; LaBelle is the secretary to the Planning Commission. Miron made ,notion, Barnes seconded, to appoint Thoodora Peltier as chairman of the Planning Commission and Carole LaBelle ::....a secretary, for they year 1992. VOTING AYEN Barnes, Brunotte, Miron, Stoltzmar, VOTING NAY: Jesinski Motion Carried. City Council meeting of January 6, 199' r Page 1 APPOINTMENTS TO THE: BOARD OF ZOr it 6' Ft Q - .)STMENTS/APPEAI....S Stolt man made motion, Brunotte seconded, to appoint the following to serve on the Board of Zoning Adjustments/Appeals for the year 1992: Tom Jesinski, Bob Ellman, and Bill. Mezzano. All aye. Motion Carried. APPOINTMENTS TO ORDINANCE V I OLAT I ONS COMMITTEE Miron made motion, Jesinski seconded, to appoint the following to serve on the Ordinance Violations Committee for the year 1992: Mayor Stolt man, Council Brunotte, and Planning Commissioner, Bob Oswald. All aye. Motion Carried. APPOINT ACTING MAYOR Brunotte made motion, Barnes seconded, to appoint Fran Miron to serve as acting Mayor for the year 1992. VOTING AYE: Barnes, Brunotte, Stolt man VOTING NAY: Jesinski ABSTAINED: Miron Motion Carried. LETTER FROM CHARLES HAAS The City received a letter from Charles Haas, 15500 Keystone Avenue, requesting that the City resolve the drainage problems on his driveway. Mayor Stolt man stated that, presently, there is too much snow to be able to make any decision. Administrator- Huber reminded the Council that there were other low maintenance roads that have needed repairs for a longer - period of time than Mr. Haas'. Miron made motion, Brunotte seconded, to refer Mr. Haas' problem to Howard Kuusisto, and request an inspection and written report in the sprang regarding his findings. Miron made motion, Brunotte seconded, to amend the previous motion to include that a copy of Mr. kuusisto's findings be submitted to Mr: Haas. VOTE ON AMENDMENT: All aye. Motion Carried. VOTE. ON ORIGINAL MOTION: All aye. Motion Carried. City Council meeting of January 6, 1992 Page ASSESSMENT" APPE:AL. City Attorney, Charles Johnson, addressed the Council with regard to the assessment appeal of Mr. Dan Santanni (CIF', Phase ), which was referred to his office by the City Council. The assessments on the Dan Santanni property were set. at $5.00 per front foot, which was consistent with the assessment to other benefiting property owners. Apparently, Mr. Santanni has suggested he would be willing to settle this matter, without going to court, if a reduced assessment would be approved by the City Council. Miron made motion, Stolt man seconded, directing City Attorney, Charles Johnson, to defend the City's position with regard to the assessment appeal. of Mr. Dan Santanni for CIF', Phase 2. and authorization to obtain an appraisal needed to defend said assessment. All aye. Motion Carried. NSF' L... l: NE: AND _E.11 REPI._At:EMENT NSF' has notified the City of its intent to replace some poles and the power lines on Harrow Avenue, from 165th Street south to 157th Street, thence along 157th Street east to Homestead Avenue, thence south to 147th Street, then east. to Hyde Avenue. 40' poles will be installed to replace deteriorating poles, and a higher -voltage line will be installed to accommodate the low -voltage problems in this area. A February 1, 1992 construction date is scheduled. CONTRACTOR R L...ICENSING As per Minnesota Statutes, all building contractors are required to be licensed by the State, effective January 1, 1992. It is our understanding that less than 1r' of the contractors operating in the State of Minnesota have secured licenses, as of the end of December, 1991. The Code Enforcement Officer is looking for direction from the r_ouncil with regard to how to handle requests for building permits by contractors who are not licensed by the State. Mr. Benson is recommending that .ir cases where a. contractor's license has not been secured, the first request for a building permit be approved, with a notice that no further- building permits will be issued to the contractor until the appropriate licenses are secured. The Council did want to make provision for contractors who appiisd for a license, but because of a possible Celay at the _Mate .lev2l, would not be penatized in Hugo again. The Council directed the Cily Administrator to prepare a written policy i regarding this rr. att2r. QYY ADMIN.T.STRATOR City .'administrator Heber- stated that the City would be receiving reports this Friday, January 10th, from engineering archit.act'_ur..l firms relative to the City's Request for Proposals for the feasibility of renovating W= Rice Lake Park building into City Hall City Council of meeting of January 6, 1992 Page r i I SC LLANEL"lUS Dave Schnider appeared before the Council to discuss capital improvements and taxes in the City. Notice was received of a seminar- for elected officials to be held on Friday, February 7, 1992. Any one interested in attending should notify the City Clerk by the end of January. There was a discussion regarding the televising of City Council meetings. There was a brief discussion of ambulance service .in, the City of Hugo. STANEK L.ITIGATIQN Stolt man made motion, rliron seconded, directing City staff to prepare the necessary resolution for the vacation of certain roadways, prior to the signing of a Settlement Agreement to resolve the Stanek: litigation matter. VOTING AYE: Brunotte, Jesinski, Mir -on, Stolt man ABSTAINED: Barnes Notion Carried. Miran made motion, Jesinski seconded, to adjourn at 10:30 FM. All aye. Motion Carried. C°a y Creager, City - eirk: