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HomeMy WebLinkAbout1992.08.03 CC MinutesMINUTES FOR THE CITY COUNCIL MEETING OF AUGUST 3. 1992 The meeting was called to order by Mayor Stoltzman at 7:00 PM. PRESENT: Barnes, Brunotte, Leroux, Miron, Stoltzman City Administrator, Bob Museus City Engineer, Howard Kuusisto City Attorney, Charles Johnson City Clerk, Mary Ann Creager City'Finance Director, Ron Otkin Leroux made motion, Miron seconded, to approve the minutes of the regular City Council meeting of July 20, 1992, as submitted. All aye. Motion Carried. Miron made motion, Brunotte seconded, to approve the minutes of the executive session of July 27, 1992, as submitted. All aye. Motion Carried. Barnes made motion, Brunotte seconded, to approve the minutes for the special meeting of July 27, 1992, as submitted. All aye. Motion Carried. Miron made motion, Stoltzman seconded, to approve the claims for August 3, 1992, in the amount of $76,917.92. All aye. Motion Carried. BEER LICENSE (ST. JOHN'S FALL FESTIVAL) St. John the Baptist Church of Hugo has requested a license to sell 3.2 beer at their Fall Festival on August 23, 1992. The location for the event is 14383 Forest Blvd North. A certificate of liability insurance has been submitted by St. John's. Miron made motion, Barnes seconded, to approve the issuance of 3.2 beer license to the Church of St. John the Baptist, 14383 Forest Blvd., on August 23, 1992. All aye. Motion Carried. AMERICAN LEGION POST #620 /GAMES AND CIGARETTE) The American Legion Post #620, 5736 147th Street North, has requested licenses for one pinball machine, two video machines, and for the sale of ci;arettes. Permit fees have been paid. Leroux made motion, Brunotte seconded, to issue a games license and cigarette license to the American Legion Post #620, 5736 147th Street North, expiring 12/31/92. All aye. Motion Carried. City Council meeting of August 3, 1992 Page 2 Kelly R. O'Neill has requested a variance for the construction of a utility building on his property located at 8575 132nd St No., in order to construct the building in front of his residence. The Board of Zoning Adjustments considered this matter at their meeting of July 22, 1992 and unanimously recommended approval based on the topography of the site, and adjacent land use. Leroux made motion, Brunotte seconded, to approve the variance request of Kelly O'Neill, 8575 132nd Street North, for the construction of a 42' x 75' pole building closer to the road than the principal building. The proposed building is to be used for residential purposes only. Al) aye. Motion Carried. Rick Burr has requested a variance for the construction of a 40' x 60' addition to his industrial building located at 15587 Forest Blvd. The variance would allow him to construct the addition 4' from the interior lot line (10' required in industrial district). The Board of Zoning Adjustments considered this matter at their meeting of July 22, 1992, and unanimously recommended approval. Barnes made motion, Miron seconded, to approve the variance request of Rick Burr, 15587 Forest Blvd., for the construction of a 40' x 60' addition to his industrial building 4' from the interior lot line (10' is required in the industrial district). All aye. Motion Carried. John and Jeanette Malinka have requested the City rezone 77.9 acres from agriculture to RR2 in order to allow a subdivision of property into five acre lots. The Planning Commission considered this request at their meeting of July 22, 1992, and due to concerns about land -use density, have recommended that the Council turn down the rezoning request. Dennis Peck, representing the Malinka's, was present stating that he thought the Council should allow the rezoning due to the housing densi�,y alrec.dy present on adjacent property.. Miron made motion, Barnes seconded, to deny the rezoning request of John an(; Jeanette Malinka to subdivide 77.9 acres .from agriculture to RR2 due to concerns about land -use density. This rezoning request should be reviewed at the time of Comprehensive Plan revision. All aye. Motion Carried. William and Patricia Wittman have made a request to subdivide 40 acres of existing land into two parcels, one 10 acre parcel and the remaining City C®unail m@@ting ®f Augu®t 3, 1002 Page 3 parcel to be 30 acres. Their intent is to maintain ownership in the one 30 acre parcel, and sell the 10 acre parcel to an adjacent property owner, who will include the purchased property into his existing.parcel. The Planning Commission considered this matter at their meeting of July 22, 1992, and unanimously recommended approval given that the 10 acres being subdivided should be recorded as part of the existing parcel currently owned by the purchasing party. Miron made motion, Leroux seconded, to approve the request of William and Patricia Wittman to subdivide 40 acres into two parcels, one 10 acre parcel and a 30 acre parcel. The 10 acre parcel is to be sold and combined to an adjoining 10 acre parcel. The 30 acre parcel will be retained by the Wittman's. All aye. Motion Carried. OAKSHORE PARK IMPROVEMENT HEARING A public hearing was scheduled to consider the making of certain improvements -to the Oakehore Park subdivision, as requested by petition of area residents. Howard Kuusisto, the City's consulting engineer, provided his feasibility report, and cost estimates, at the hearing. The public hearing was opened, and the following comments were made regarding the proposed improvements: FOR: serious septic system problems and poor gravel road conditions; AGAINST: assessment for project too high, and improvements would not increase value of property in comparison to the cost of the project. Residents will meet as a group (Oakshore Park Homeowners' Assn) to determine what, if any, improvements they would like the City to consider. Miron made motion, Leroux seconded, to deny the petition from residents of the Oakshore Park subdivision to make improvements to their property. VOTING AYE: Barnes, Brunotte, Leroux, Miron VOTING NAY: Stoltzman Motion Carried. CHANGE ORDER TO FIRE TRUCK PURCHASE CONTRACT Fire Chief, Ron Istvanovich, has recommended a Change Order to the City's contract for the purchase of a new fire truck. This Change Order would add $3,134 worth of equipment onto the new truck. It was the fire department's intention to add this equipment after purchase. By adding the equipment as part of the vehicle contract, the City would save sales tax amounting to $206.00. Miron made motion, Brunotte seconded, to approve the Change Order to the City's contract for the purchase of a new fire truck, by the addition of $3,134 worth of equipment onto the new truck. All aye. Motion Carried. City Council meeting of August 3, 1992 Page 4 TRANSFER OF CABLE TELEVISION FRANCHISE North Central Cable Communications Corp., the City's current cable television franchisee, has requested approval to transfer control of the Cable Franchise to Meredith/New Heritage Strategic Partners, LP. Transfer of control has already been approved by the Ramsey/Washington County Suburban Cable Communications Commission. Though the City of Hugo is not a part of this Commission, Article 12, Section 1C of the Hugo Cable Franchise Ordinance requires the City to approve transfer ownership or control of the Franchise upon approval of the Ramsey/Washington County Cable Commission. At issue is a change to the Cable Franchise, which would in effect, void the right of Hugo residents to use the cable TV facility in the City of White Bear Lake due to changes in the franchise between the Ramsey/Washington County Commission and the new owners. Cable facilities would still be available to Hugo residents at other locations. The North Central Cable Communications has reviewed their records, and informed the City of Hugo that in the last year, no residents of the City have used the cable facility in White Bear Lake. Leroux made motion, Barnes seconded, to adopt RESOLUTION 1992-18, RESOLUTION APPROVING THE TRANSFER OF CONTROL OF GROUP W CABLE OF RAMSEY/WASHINGTON, INC. FROM HAUSER CABLE OF MINNESOTA, INC., HAUSER CABLE COMMUNICATIONS, INC., AND CONTINENTAL CABLEVISION OF MINNESOTA, INC., TO MEREDITH/NEW HERITAGE STRATEGIC PARTNERS L.P. VOTING AYE: Barnes, Leroux, Miron, Stoltzman VOTING NAY: Brunotte Motion Carried. At Council request, the Planning Commission conducted a public hearing on July 22, 1992 to consider the SUP on Zap Games, Inc., to conduct paintball games at 7000 132nd Street in Hugo. The Planning Commission recommended continuation of the SUP for Midwest Paintball, Inc., doing business as ZAP Games, subject to changes in the original SUP. The City received written complaints regarding the ZAP Games operation. Mr. Carron, representing ZAP Games, stated that all conditions of the original permit, and amendments from the Planning Commission had been met, with the exception of signing of the driveway, because he dial not know what the City would be requiring. Mircn made motion, Barnes seconded, to revoke the Special Use Permit for Midwest Paintball, Inc., dba Zap Games, effective September 15, 1992. Revocation of the permit is based on the following: petition of residents, noise, increased traffic, trash, trespassing, devaluation of surrounding property, growing proximity of residential area, incompatibility with surrounding residential area, commercial operation in residential area, and public safety. All aye. Motion Carried. City Council meeting of August 3, 1992 Page 5 MUTUAL AID AGREEMENT WITH WASHINGTON COUNTY FIRE DEPARTMENTS The Council received a copy of a proposed Joint Powers Agreement between the City of Hugo and other Washington County governmental units, for the provision of emergency services. Brunotte made motion, Miron seconded, to approve the Agreement for Joint and Cooperative Use of Fire Personnel and Equipment, between the City of Hugo and other Washington County governmental units, for provision of emergency services. The Mayor, City Administrator, and Fire Chief are authorized to sign said Agreement on behalf of the City of Hugo. All aye. Motion Carried. 1993 PROPOSED BUDGET The Finance Director, Ron Otkin, presented the initial draft of the City's 1993 budget. Under State law, the Council must set an initial property tax levy amount by September 1, 1992. The levy established on September let may be reduced in future budget proceedings, but may not be increased. Miron made motion, Leroux seconded, to set a special meeting of Hugo City Council for August 11, 1992, at 7:30 PM, for the purpose of discussion of the City's 1993 budget. All aye. Motion Carried> ELECTION POLLING PLACE RESOLUTION The Council received a copy of a resolution establishing polling places for the elections to be held on September 15 and November 3, 1992. Leroux made motion, Stoltzman seconded, to adopt RESOLUTION 1992-19, RESOLUTION DESIGNATING POLLING PLACES FOR ELECTIONS TO BE HELD ON SEPTEMBER 15 AND NOVEMBER 3, 1992. VOTING AYE: Barnes, Brunotte, Leroux, Miron, Stoltzman Motion Carried. MISCELLANEOUS Barnes made motion, Miron seconded, to approve the Agreement for Assignment of Rights and Assumption of Duties, between Martin and Sandra Wegleitner and Kenco Construction. All aye. Motion Carried. REPORT FROM CITY ATTORNEY As requested by the Ordinance Violations Committee, City Attorney Johnson submitted a written report regarding a citizen complaint concerning activities at 8221 157th Street and 8139 157th Street. City Administrator Museus suggested that the City employ an independent investigator to City Council meeting of August 3, 1992 Page 8 review the complaint, in light of the fact that one of the properties mentioned is that of the Mayor's. M•iron made motion, Leroux seconded, directing City staff to proceed with the employment of an independent investigator to raview a citizen's complaint regarding activities at 8221 157th Street and 8139 157th Street. VOTING AYE: Barnes, Brunotte, Leroux, Miron ABSTAINED: Stoltzman Motion Carried. EXECUTIVE SESSION Miron made motion, Stoltzman seconded, that the City Council enter into executive session to discuss the Dan Santanni litigation matter. All aye. Motion Carried. Brunotte made motion, Barnes seconded, to close the executive session and return to the open meeting. All aye. Motion Carried. Brunotte made motion, Stoltzman seconded, to adjourn at 11:00 PM. All aye. Motion Carried. Mary YCreager, City Zrk