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HomeMy WebLinkAbout1991.06.17 CC MinutesMINUTES FOR THE CITY COUNCIL MEETING OF JUNE 17, 1991 The meeting was called to order by Mayor Stolt man at 7:00 PM. PRESENT: Brunotte, JesinsE::i, McAllister, Miron, Stolt man City Administrator, k.:en Huber City Engineer, Howard k.UUSiSto City Clergy:, Mary Ann Creager Brunotte made motion, Jesinski seconded, to approve the minutes for June 3, 1991, as submitted. Miron made motion, Stolt man seconded, to amend the City Council minutes for June 7., 1991 by deleting Councilman McAllister's reasons for abstaining on the issue involving the Consent Aqreement with David Schumann. Miron made motion, Brunotte seconded, to amend the City Council minutes for June 3, 1991 by incorporating the following language: "Request made by Council members to be provided with copies of the ordinances and policies of the City of Hugo. Some discussion followed with regard to Council's, and Administrator's, authority in interpretation and enforcement of City ordinances." VOTE ON 1ST AMENDMENT: AYE: Miron NAY: Brunotte, Jesinsk:i, McAllister, Stolt man Motion Failed. VOTE ON ?ND AMENDMENT: AYE: Brunotte, Jesinsk:i, McAllister, Miron, Stolt man Motion Carried. VOTE ORIGINAL MOTION: AYE: Brunotte, Jesinski, McAllister, Miron, Stolt man Motion Carried, as amended. GAMBLING LICENSE (ST. JOHN'S) Stolt man made motion, Brunotte seconded, that the Hugo City Council does hereby resolve that they have no objections to issuance of a Gambling License, pursuant to M.S. 349. 13, Subd. r, for the Church of St. John the Baptist, 14:83 Forest Blvd., on August 25, 1991, for the purpose of conducting lawful gambling, and waiver of the 60 -day waiting period. All aye. Motion Carried. PRESENTATION ON NEIGHBORHOOD WATCH PROGRAM Mayor Stolt man requested that representatives of the Washington County Sheriff's Department be present to explain the availability of the Neighborhood Watch Program in the City of HUga. Deputy Dan Hartges was City Council meeting of June 17, 1991 Page was present to explain the Neighborhood Watch Program, encouraging Hugo residents to participate. It was suggested that an explanation of the program be included in the local church bulletins, and the City's Newsletter, some time in the future. ACCEPTANCE OF 1990 MUNICIPAL AUDIT Copies of the 1990 Municipal Audit and Management Letter were presented to the City Council on June 3, 1991. Mr. Ken Malloy was present to mage a brief presentation and answer any questions the Council may have regarding the audit. Mr. Malloy stated that the City has a very healthy financial situation, and Mayor Stolt man and Councilmen $runotte, Jesinski, and McAllister thanked the City staff for their work. Brunotte made motion, Jesinski seconded, that the City of Hugo accept the 1990 municipal audit, as presented by Malloy, Karnowski & Co. All aye. Motion Carried. LAKE AIR ESTATES (STORMWATER DRAINAGE REPORT) At the June 3, 1991 reqular meeting of the Hugo City Council, action was taken directing the City Engineer to review the stormwater drainage system for Lat%e Air Estates Subdivision Plat. An open ditch drainage system was designed to serve this subdivision development, and questions have been raised regarding its design. An inspection of the system was performed by the City Engineer and a copy of their report is on file. One should keep in mind when reviewing this report, that there are a number of factors that can alter the effectiveness of an open ditch drainage system: 1. Ground saturation. ti. High water table. 3. Rainfalls causing 100 -year flood elevations. 4. Improper drainage maintenance. S. Placing of obstructions in easements b. Water levels in holding ponds and drainage ditches downstream. 7. The rate that the watershed district will allow water to run into the downstream ditches. B. The altering of vegetation and ground elevations adjacent to drainage ditches. Mr. K:uusisto's report indicates that there were blockages discovered downstream from the pond outlet serving Lake Air Estates. Mr. k*.uLlSiSto was present to review his report in detail with the City Council. Miron made motion, McAllister seconded, that the following action be taken, under the direction of the City Administrator and City Engineer, to help remedy the drainage problems in Lake Air Estates: 1. Remedy the 128th Street ponding problem. ?. Include in letter to property owners along north/south drainage ditches asking that they attempt to establish grass cover on ditch slopes. City Council meeting of June 17, 1991 Rage _ Notify Mr. Raul HLisniE:: that if he decides to di4::e or berm his back: yard adjacent to drainage ditch, to draw up a plan for Council review. All aye. Motion Carried. ANIMAL CONTROL ORDINANCE REPORT In response to a citizens' petition, the City Council directed the preparation of a report explaining the method of animal control used in the City of Hugo. Councilman Miron stated that the City should make no changes, and continue with the existing animal -control program. McAllister questioned whether the City has ordinances in place, at present, to deal with animal complaints. Administrator Huber explained that the City does, in fact, have ordinances to deal with animal complaints; however, because of the lack of personnel, it is difficult to respond to in a timely manner. Mayor Stolt man will contact the owners of the dog that allegedly attacked the signer of the letter of complaint. It was the consensus of the Council that they continue enforcement of existing animal control ordinances at this time. FIRE FIGHTER APPOINTMENTS The Fire Chief and City Administrator have completed interviews with five candidates for positions with the City's Volunteer Fire Department. Each of the applicants has been attending drills and fire calls for at least five weeks as an introduction to the department. All have indicated a strong interest in serving with the department on a regular basis. All appointments are subject to completion of the required probationary period and passing the mandatory physical. Miron made motion, Brunotte seconded, to make the following appointments to the City's Volunteer Fire Department, effective June 17, 1991, and subject to completion of the required probationary period, and passing the mandatory physical: Terry LaValle, Douglas Tipp, John Lindberg, Ardean Bratland, and William Buystedt. All aye. Motion Carried. FIRE FIGHTER RESIGNATION The Council received a copy of a letter from Mr. Scott Peiffer resigning his position with the Fire Department, and explaining his reasons for this decision. Miron made motion, Brunotte, to accept the resignation of Scott Peiffer from the Hugo Fire Department, effective June 17, 1991. All Aye. Motion Carried. SETTLEMENT AGREEMENT ( S1"ANEk.:_VS . HUGO ) The Council received a copy of a letter from the City's Attorney regarding recent negotiations dealing with litigation between Mr. Joe StaneF:: and the City of Hugo. This is an issue that has involved the City of Hugo since the mid -1970's and is a dispute between the City, Joe Stanek, Mr. Stanek's City Council meeting of June 17, 1991 Page 4 neighbors, and Northern States Power. It involves a questionable right-of-way and parcel of land owned by Mr. Stanek:, which may or may not be landlocked. It is my understanding that this matter is ready to go to court and that the parties involved may have reached a settlement that will provide Mr. Stanek access to his property via private easements. As a part of a Settlement Agreement with Northern States Power dating back: to 1984, the City was paid approximately $7,000 to cover its out-of-pocF::et expenses and help resolve this matter. Approximately $1,600 of that payment remains, and it was the City's intent to use that money to share in the Settlement Agreement. McAllister made motion, Stolt man seconded, that the City of Hugo enter into the Settle Agreement, as recommended by the City Attorney and the City's insurance company, and that the Mayor and City Clerk be authorized to sign proposed Settlement Agreement, if successfully negotiated. All aye. Motion Carried. AMENDED SPECIAL USE PERMIT (DAN SANTANNI) Mayor Stolt man has requested that the Amended Special Use Permit approved for Dan Santanni in December of 1989, be reconsidered by the City Council. Mr. Dan Santanni of 1019 W. Sherren St., Roseville, Minnesota, made application to the City of Hugo for a Special Use Permit to construct a 40' X 54' pole barn in an agricultural zoning district, prior to the construction of a principal residence. This action by the City Council to approve the Special Use Permit was contrary to the Planning Commission's unanimous recommendation for denial. The Planning Commission's reason for denial was Mr. Santanni's refusal to provide a site plan and other information necessary for the proper review of his request. Following approval of the Special Use Permit by the City Council, Mr. Santanni refused to accept the conditions of the permit and in November applied for an Amended Special Use Permit requesting a larger building and asking the council to drop some of the special conditions. The Amended Special Use Permit request was referred to the Hugo Planning Commission for a public hearing at their November 21, 1989 meeting. At this meeting the Planning Commission recommended approval of the 50' X 81' accessory storage building, as well as amendments to the special conditions. The Planning Commission recommended deletion of the first condition and changed the language in items 5, 6, and 7. This matter was then reviewed by the City Council on December 4, 1989 at which time action was taken by the City Council approving the SUP request of Mr. Dan Santanni as recommended by the Planning Commission. Following Council approval, Mr. Santanni refused to accept the conditions of permit approval and has not pursued construction of the structure in question. Mr. Santanni appeared before the Council, and stated that he knew he needed a SUP, but did not feel there should be any conditions attached to it. Councilman Miron felt that Mr. Santanni had been "misled", and proceeded to interpret different sections of the codes that he felt proved Mr. Santanni did not need a SUP. It was Miron's opinion that the Mr. Santanni was operating a farm, and needed only site plan approval. Councilman Jesinsk-i felt that the issue had become very confusing, and suggested that the matter be tabled for further consideration. City Council meeting of June 17, 1991 Page Because Councilman Miron was not pleased with the City Attorney's performance, the following motion was made: Miron made motion, McAllister seconded, that the request of Dan Santanni be referred to land -Use attorneys, Bannigan and Kelly, for their review. VOTING AYE: Miron VOTING NAY: Brunotte, Jesinski, McAllister, Stolt man Motion Failed. McAllister made motion, JesinsE::i seconded, that the City staff and City Attorney review the application of Mr. Dan Santanni to determine if a Special Use Permit is needed to construct the proposed building on his property. VOTING AYE: Brunotte, Jesinsk.i, McAllister, Stolt man VOTING NAY: Miron Motion Carried. TRAINING SEMINAR The Minnesota Public Employer Labor Relations Association will be sponsoring a training seminar in Duluth, August 21st through the 23rd of this year.. The program involves such topics as comparable worth, for contracting services, controlling health care costs, changes of the Public Employee Relations Board, and a legislative update. The Administrator is requesting Council authorization to attend this training session on the dates referenced above. Councilman Miron asked the City Administrator whether it was his intent to stay employed by the City after 12/31/91. Administrator Huber responded that it depended on whether or not he was asked to stay. McAllister made motion, JesinsE::i seconded, authorizing the City Administrator to attend the MPELRA training seminar in Duluth, from August 2.1-23, 1991. '•DOTING AYE: Br►_►notte, Jesinski, McAllister, Stolt man VOTING NAY: Miron Motion Carried. ROAD PAVING REQUEST -- WILSON TOOL. On behalf of Wilson Tool International, Inc., Mr. Jay Mishet:: made a formal request of the City Council, which would allow him to proceed with the final improvements to pave 750' of Farnham Ave. from 13t>th St. south. Copies of the plans and specifications, prepared by a Wilson Tool representative, have been submitted to the City Engineer for his review. It is Wilson Tool's intent to construct the road and related improvements to City specifications. Wilson Tool has scheduled the completion of the project by August 1, 1991, and would like to proceed as quickly as possible. The request in question is consistent with the City's previo►.,.s discussions with Wilson Tool regarding final improvements on Farnham Ave. City Council meeting of June 17, 1991 Page b Jesinsk:i seconded, Miron seconded, to approve the road paving request of Wilson Tool, upon agreement with the City Engineer, for the pavement of Farnham Avenue from 1ZOth Street south to Beth Street. All aye. Motion Carried. ORDINANCE VIOLATIONS COMMITTEE The Committee received a letter of complaint from Tom Jesins4::i. Mayor Stolt man requested that Mr. JesinsE::i discuss the complaint with the individual prior to action by the City. The City received a report from the Fire Chief and Code Enforcement Officer regardinq potential hazards from businesses operating in the Omni Pool building located at 5118 130th Street. McAllister made motion, Brunotte seconded, that City staff obtain reports from the following regarding any hazards from businesses operating at 5118 130th Street: State Fire Marshal, Hugo Fire Chief, Washington County Public Health, State Electrical Inspector, and the City's Code Enforcement Officer. F:eports and recommendations are to be submitted to the City Council for their review. All aye. Motion Carried. CITY ADMINISTRATOR Stolt man made motion, McAllister seconded, authorizinq the sale of the City's squad car at the Washington County auction. All aye. Motion Carried. The permits from the DNR for the CIF' project are forthcoming, and will be sent to Valley Paving upon receipt. On Friday, June 28th, between 2:C)C> AM and 4:00 AM, the City's well will be shut off in order to make repair=_ to the pump. The City Administrator explained the Campaign "2001.-)" grant fund available to the City, with a deadline of June 28th for submission. Councilman Miron will contact the Hugo Lions Club to determine if the-: are interested .in applying for the grant. MISCELLANEOUS There was a lengthy discussion about who is responsible for the interpretation of City ordinances. Councilman Miron did not feel that "legally" the City Administrator should be interpreting the ordinances, but did not identify Who should be responsible for said interpretation. McAllister made motion, Jesinsk:i seconded, to clarify that the City Administrator is responsible for the interpretation of City ordinances, and that he continue to make recommendations to the City Council. City Council meeting of June 17, 1991 Page 7 VOTING AYE: Brunotte. Jesinski, McAllister, Stoltzman ABSTAINED: Miron Motion Carried. COMMUNITY SURVEY QUESTIONNAIRE As per Council direction, a draft questionnaire was submitted to the City Council for their consideration. At an earlier meeting, the City Council discussed the value of sending out a questionnaire to the community to secure input on budget and land -use issues important to the future development of the City. Some of those questions, along with other suggestions, have been incorporated into the draft questionnaire. The Mayor suggested that members of the Council include their own questions and that a final questionnaire be developed for mailing. Councilman Miron felt this questionnaire should be considered at the July 29, 1991 priorities meeting. Councilman Jesinst::i felt that the questionnaire should be sent out as soon as possible, to obtain the public's input prior to the July priorities meeting. McAllister made a motion directing the City staff to mail the submitted questionnaire. McAllister withdrew his motion. McAllister made motion, Jesinski seconded, to discuss the community survey questionnaire at the City Council meeting of July 1, 1991. All aye. Motion Carried. Brunotte made motion, Jesinski seconded, to adjourn at 10:45 PM. All aye. Motion Carried. Mar, A n Creager, City rrk: