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HomeMy WebLinkAbout1991.01.22 CC MinutesMINUTES FOR 'THE REGULAR (__,ITY COUNCIL MEETING OF JANUt'llp-." 1991 The regular meeting was called to order by Mayor Stoltzman at 7:00 PM. PRESENT: Brunotte, Jesinski, McAllister, Miron, Stoltzman City Administrator, Ken Huber City Engineer, Howard Kuusisto City Clerk, Mary Ann Creager Miron made motion, Brunotte seconded, to approve the minutes for the regular City Council meeting of January 7, 1991 as submitted. All aye. Motion Carried. Jesinski made motion, McAllister seconded, to approve the claims for January 22, 1991, in the amount of $62,547.77. All aye. Motion Carried. CHARITABLE GAMBLING McAllister made motion, Miron seconded, that the City of Hugo has no objection to the issuance of a gambling license to the White Bear Boxing Club for the operation of pull tabs at the Blacksmith Lounge, 17205 Forest Blvd., Hugo, MN., and waiver of the 60 day waiting period' All aye. Motion Carried. APPOINTMENTS TO ORDINANCE VIOLATIONS COMMITTEE Currently, the City has two vacancies on the Ordinance Violations Committee, one being an appointment from the City Council, and the other appointment from the Planning Commission. The current resolution designates the Mayor as chairman of this Committee' Appointments to this Committee would be necessary to activate said Committee. This matter was tabled from the City Council's January 7, 1991 regular meeting' McAllister made motion, Jesinski seconded, to appoint Bernard Brunotte Council representative to the Ordinance Violations Committee for the year 1991' All aye. Motion Carried. RESOLUTION AMENDING ORDINANCE VIOLATIONS COMMITTEE At the request of Mayor Stoltzman, this matter was placed on the agenda for Council consideration' The City Council was provided a draft resolution amending Resolution 1990-41, which, in essence, appoints the Councilman -at -Large as chairman of the Ordinance Violations Committee as opposed to the Mayor. A copy of Council Resolution 1990-41 was provided for Council review' After a lengthy discussion regarding the merits and objectives of this Committee, the following motion was made: City Council meeting of January :'^, 1991 Page ? Stolt man made motion, Miron seconded, to adopt RESOLUTION .1991-22, RESOLUTION AMENDING RULES #1 AND #7 OF RESOLUTION 1990-41. VOTING AYE: Brunotte and Miron VOTING NAY: Jesinsk:i, McAllister, Stolt man Motion Failed. It was noted that the Committee will stay as created by Resolution 1990-41 for the time being. SPECIAL_ USE PERMIT f16" GAS LINE - NSP) On behalf of NSP, Mr. Mick:elburg has made application to the City of Hugo for a SUP that would allow construction of a 16" natural gas pipeline in the Burlington Northern Railroad right-of-way from 175th Street south to 1 Oth Street. The pipe .in question would be located 42' east of the center line of the BNR right-of-way, and will be approximately 5' deep. This request was reviewed by the Hugo Planning Commission at a public hearing on August 222, 1990, at which time public input was taken. It should be noted that no one indicated an objection to the proposal in question, and the Planning Commission recommended approval of the SUP subject to special conditions, with the understanding that the exact location of this pipe shall be as recommended by the City Engineer, and shall not conflict with the future extension of municipal utilities. Dave Callahan and Mark: Mickelberg were present at the meeting to discuss the proposed plans. Councilman McAllister requested that the City have their own on-site monitor, at the expense of NSP, and that NSP provide the City with two "as-builts" after completion of the project, and NSP's representatives agreed to both requests. The City Engineer has reviewed the plans, and feels the new alignment for the qas line is now acceptable, and will accommodate the future extension of utilities by the City. Miron made motion, McAllister seconded, to approve the request of NSP for a Special Use Permit to construct a 16" natural gas pipeline in the Burlington Northern Railroad right-of-way from 175th Street south to 1 0th Street. Approval is subject to the following special conditions: 1. All conditions of the special use permit must be met within 180 days of Council approval unless otherwise stipulated in this permit. If all conditions are not met, the permit will be null and void. No significant deviations from the site plan and special use permit will. be permitted unless reviewed by the Planning Commission and City Council. ._,. The site must be policed and maintained on a regular basis with regard to litter, on-site nuisances, and safety during the course of project construction. 4. All fees related to the review and issuance of this permit shall be paid by the applicant. 5. The owner/applicant shall permit access to the site for periodic inspections to assure conformance with this permit. 6. The activities on site shall not cause the altering of any watercourse, ditch, or drainage system. City Council meeting of January 22, 1991 Page ._ The required permits have been secured from the Rice Creek Watershed District. 8. Required approvals must be secured from the Environmental Quality Board. 9. Method of installing this 16" gas main under municipal streets must be approved by the city engineer. 10. The 16" gas main must be installed in a manner as recommended by the city engineer and agreed to by the City and NSF'. 11. Copies of all road crossing permits from Washington County and the State of Minnesota must be filed with the City by NSF'. 12. Northern States Power shall keep the City of Hugo informed as to the progress of this project and must make every reasonable effort to implement restoration of the site to the satisfaction of the City. 13. NSF shall provide written guarantees assuring compliance with this permit, and reimbursement of reasonable inspection fees incurred by the City. 14. The 16" gas main shall be installed in a location as recommended by the city engineer and city staff, and agreed to by the City of Hugo and NSP. 15. All gas main crossings of City streets shall be approved by the City engineer. All aye. Motion Carried. 8.2 CITY PRIORTIES (UPDATE) Earlier this month, each member of the City Council was sent a list of possible City priorities for the upcoming year. Notice of the City Council establishing priorities was sent to the community in our last newsletter. The City staff would like to update the priority list by adding various Council priorites for consideration. It is nice to have a draft -list to word' from when you begin the priority-ranE::ing process. It would be extremely helpful to the staff to Einow if the Council would liE::e to proce'-d with a priority -setting exercise, and set a timetable to accomplish this. The proposed priority list will be discussed at a later date. RESOLUTION FROM AD HOC LITIGATION COMMITTEE Councilman Fran Miron proposed a resolution to attempt to negotiate a settlement between the City of Hugo and Mr. and Mrs. David Schuman for City Council consideration. In light of the potential litigation regarding the David Schumann .prosecution, and previous direction of the City Council, the City staff suggested that the City Council discuss the following with legal counsel before maE::ing a decision on this matter: 1. Could the City's civil case against David Schumann be seriously jeopardized by discussions with an ad hoc committee if the results of the committee's efforts are futile, and a mutually acceptable agreement is not reached? In light of the Notice of Claim filed by Mr. Schumann against the City corporate and its officials, could the City's defense of a future claim be jeopardized by the discussion with Mr. Schumann--." The Council City Council meeting of January -22, 1991 Page 4 should keep in mind that a Notice of Claim has been turned over to our insurance company for investigation and preparation of a proper defense, if needed. Could our insurance company refuse to defend us, and insure us, because of the actions of a Committee negotiating with Mr. Schumann after our Notice of Claim has been turned over to our insurance company? 4. Does the City Council, through an ad hoc committee, have the legal authority to allow activities in a zoning district that are not "permitted" or "special uses"? Would the Council be better served by considering an ordinance change or rezoning? The The City received letters from the insurance company and City Attorney, Charles Johnson, raising certain questions that should be given serious consideration prior to acting on the proposed resolution establishing such an Ad Hoc Litigation Committee. Mr. Greg Galler, attorney for David Schumann, addressed the City Council, stating that he originally requested that. this committee be formed, and that City Prosecutor, Richard Hocking, had expressed his great desire that this committee be formed. Mr. Galler was disappointed that Mr. Hocking was not present at the meeting. Mr. Galler then explained the purpose of the committee, in his view, to avoid 3 years of litigation, and tens of thousands of dollars in legal fees. He then assured the Council that any comments made in a settlement negotiation are not admissible in court. Councilman McAllister pointed out that at the suggestion of the judge, in the last trial, that this matter be assigned to the civil court. Mr. Galler stated that the judge, before the criminal court trial, said that this matter should have beer - brought to civil court initially. McAllister then inquired as to whether Mr. Galler had notified the City Prosecutor that he was going to be here tonight to make this presentation. Mr. Galler responded in the negative, but stated that because this was a public hearing, he felt that as an individual, he was free to come into City Hall. He also stated that he thought the City could have an attorney here for its own public hearing. McAllister than asked if what Mr. Galler was doing was proper legal etiquette, Mr. Galler said "Yes it is". The concerns of the City attorney, and from the City's insurance company, were noted. Miron made motion, Brunotte seconded, to adopt RESOLUTION 1991-2, RESOLUTION FORMING AN AD HOC LITIGATION REVIEW COMMITTEE. 'DOTING AYE: Srunot.te, Miron, Stolt man VOTING NAY: Jesinsk:i. and McAllister Motion Carried. TOM BERNIER (LETTER) The City Council received a copy of a letter from Mr. Tom Bernier requesting reinstatement to the Hugo Volunteer Fire Dept. Mr. Bernier resigned from the Fire Department, effective January 1, 1991, and shortly thereafter, applied for reinstatement. Mr. Bernier's performance as a fire fighter has been reviewed on two different occasions in 1990. After reviewing this matter with the Fire Chief, it is the City staff's City Council meeting of January 22, 1991 Page recommendation that Mr. Dernier be required to wait at least one year before applying for reinstatement to the department. Stolt man made motion, Drunotte seconded, that Mr. Dernier be required to wait at least one year before applying for reinstatement to the Hugo Fire Department. All aye. Motion Carried. VERN PELOQUIN (DILL PAYMENT) The City Council received a copy of a letter from Mr. Vern Peloquin requesting that the Council reconsider a financial claim filed by Mr. Peloquin against the City of Hugo. This matter was reviewed by the City Council on December ..?, 1990, at which time the Council considered overruling an earlier decision not to pay the bill in question. The City originally denied this claim for the following reasons: 1. The work was not authorized by a City official. 2. The work was not inspected by a City official so there was no verification work: was ever performed. 3. The 11/05/90 bill was altered from the original bill submitted on 09i17i90 with regard to compensation requested. 4. The proof of contractor's workman compensation insurance was not provided, as requested. Rather than going into a lengthy detail regarding this request, the City Council was provided with an extract of the December 3, 199(_► City Council meeting involving this matter. Mir -on made motion, Drunotte seconded, to authorize payment of $80.00 to Vern Peloquin for his cost in reshaping and leveling the spoil bank: that was left by the City when cleaning a ditch on his property in March, 1990, and that our City Administrator prepapre a letter to Mr. Peloquin e -;pressing our apology for not properly inspecting and leveling the spoil bank: and for the inconvenience our actions may have caused him. VOTING AYE: Miron, Drunotte, Stoltzman 'DOTING NAY: Jesinsk:i and McAllister Motion Carried. TOM JESINSk::I (LETTER) The City Council received a letter from Councilman Tom Jesinski regarding appointment of the Planning Commission chairperson. If the City Council is desirous of acting on Mr. Jesinski's request, a motion would be required from the prevailing (majority) side of this issue to reconsider this matter. Mayor Stolt man stated that he personally had asked members of the Planning Commission whether they were interested in serving as chairperson, and received no positive responses. There was no change in the Planning Commission chairmanship. City Council meeting of JaPlUary 2i', 1991 Page 6 McAllister made motion, Miron seconded, that along with City Council meetings, the meetings of the Hugo Planning Commission be televised. All aye. Motion Carried. CITY ENGINEER (PROJECT STATUS RE.PORT5_L At the Mayor's request, the City engineer was invited to present an update to City Council on various engineering and construction projects that they are currently wor4::ing on. The presentation time will serve as an excellent opportunity to familiarize the Council, and ask: questions regarding various projects and activities initiated by the previous City Council. Howard VIWSisto, City Engineer, presented the Council with a written update of City projects, and reviewed the list with the Council, as follows: 1. Hardwood Creek Bridge (Elmcest Avenue, north of 165th Street). 2. Capital Street Improvements - Phase 2. Water Management (update for existing Comp Plan). 4. Elmcrest Avenue (from County Road 14 to Bald Eagle Lake). 5. 120th Street (boundary street between Hugo, Ramsey County and White Bear Township). PLANNING COMMISSION APPOINTMENTS? The City Council received copies of letters from two Hugo residents indicatating their interest in serving on the Hugo Planning Commission. Mayor Stolt man has indicated he also has received letters from other individuals indicating an interest in serving on the Planning Commission. Chapter 240-4 of the municipal code states that "vacancies occurring during the term shall be filled by the City Council for the Unexpired portion of the term giving rise to the vacancy." The Mayor- is also required to appoint a member of the City Council to serve as a non-voting, e;: -officio member of the Planning Commission. The current vacancy is for a two-year term. Because the Council was riot aware of all residents expressing an interest, the matter was tabled until the regular City Council meeting of February 4, 1991. Mayor Stoltzman will contact Commissioner Chuck:: Henry about possible revisions to the Planning Commission's bylaws. MISCELLANEOUS Councilman Miron asked that the City Administrator prepare a letter to Press Publications to determine if it was possible to serve all of Hugo with the White Bear Press. Brunotte made motion, Stolt man seconded, to adjourn at 10:10 PM. All aye. Motion Carried. Ma?yn Creager,C� y Clergy: