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HomeMy WebLinkAbout1988.09.19 CC MinutesMINUTES FOR THE CITY COUNCIL MEETING OF SEPTEMBER 19, 1988 The meeting was called to order by Mayor Atkinson at 7:00 PM. PRESENT: Olson, Peltier, Potts, Atkinson City Administrator, Ken Huber City Attorney, Charles Johnson City Engineer, Howard Kuusisto City Clerk, Mary Ann Creager ABSENT: Deane Vail Peltier made motion, Potts seconded, to approve the minutes of 9/6/88 as submitted. All aye. Motion Carried. Potts made motion, Peltier seconded, to approve the General Claims for 9/19/88 in the amount of $69,361.21. All aye. Motion Carried. Peltier made motion, Olson seconded, to approve the Utility Claims for 9/19/88 in the amount of $42'50. All aye. Motion Carried. GAMBLING LICENSE Atkinson made motion, Peltier seconded, that the City of Hugo has no objection to the issuance of a Gambling License to the Hugo Lions Club for the operation of pull tabs at Keystone Lounge, and waives the 60 day waiting period. All aye. Motion Carried. P.I. PROJECT INGERSOLL AVENUE/SUNSET LAKE ASSESSMENT HEARING City Administrator, Ken Huber, noted that pursuant to Chapter 429 of the Public Improvement Code, an assessment hearing has been scheduled for 7:00 PM this evening to consider and approve assessments to benefiting property owners affected by the installation of bituminous surfacing and related improvements on Ingersoll Avenue, north of County State Aid Highway 10 to a point approximately 3700 feet to the north. He noted that there are a total 20 developed or developable parcels benefiting from this improvement. As per the petitioners' request, the assessments have been spread equally over the 20 parcels affected with the estimated assessment at $2768.00 per parcel. Staff is recommending that the assessments be extended over a period of 10 years, and that said assessments bear interest at the rate of 9% per annum from the date of adoption of the assessment resolution. The appropriate hearing notices were sent to each benefiting property owner as well as being published in the city's official newspaper. He also noted that the assessments were well within the $2900 per parcel estimated at the time of the improvement hearing, and that the interest rate was less than the original projection of 9 1/2%. City Council meeting of 9/19/88 Patge 2 The city administrator then informed the audience that if there is any one present this evening wishing to appeal the amount of the special assessment, they must do so by filing a written objection with the Mayor this evening or they must have filed a written objection with the city clerk prior to the Council meeting this evening. He noted that although oral objections are received and considered by the Council, the law requires that a written objection, signed by the affected property owner, must be submitted to the city prior to the meeting or at the meeting this evening. He noted that the Council, in considering this project, is responding to a petition from affected property owners that was followed by an improvement hearing, and receipt of acceptable bids for the making of this improvement. He also noted that the total project cost was $55,361. Mayor Atkinson then called for input from the audience regarding this improvement. Mr. Paul Jeddelow, representing Joseph Card, addressed the Council and stated that he is filing a formal -written objection to the assessment stating that said assessment is inherently unfair for the following reasons: 1. The assessment does not distinguish between seasonal property owners and year around residents. 2. The assessment does not distinguish between land speculators and long-term residents. 3. The proposed improvements will not increase the value of his client's property due to its primarily seasonal use and inability to be improved. 4. That he has received verbal estimates indicating a decrease in property value as a result of this improvement based on the change in character of the area which further diminishes the value of his client's property. 5. The assessment is divided equally by the number of property owners and not by the frontage foot holders along the road. Mrs. Clara Letourneau then addressed the Council, and stated that she could not afford to pay the assessment for her property even though she had one of the larger parcels with in excess of 400' of frontage on the road. She then inquired how the city would collect the assessments if she couldn't afford to pay them. The mayor pointed out that the assessments would be placed as a lien against her property, and would be collected with the taxes annually. He noted that the assessments could be spread over 10 years at 9% interest, and that she would not have to pay all the assessments at once but could pay them off over a period of time. Mrs. Letourneau again stated that she couldn't afford to pay any assessments at this time. She then asked what would happen if she didn't pay the assessments, and if somebody would then take her property from her. She stated she would have to think about this situation a little more. Mayor Atkinson then reminded the audience that any one objecting to the amount of the assessment must do so in writing this evening, and submit a copy to the Mayor or city clerk. He then requested additional input from the audience. Hearing no additional comments, he then called for discussion from the City Council. After a brief discussion, the following motion was introduced: 113 City Council meeting of 9/19/88 Page Olson made motion, Potts seconded, to adopt RESOLUTION 88-4?, A RESOLUTION ADOPTING ASSESSMENT FOR INGERSOLL AVENUE P.I. PROJECT #5-2-88(A). VOTING AYE: Robert Olson, Arthur Potts, Georqe Atkinson VOTING NAY: Theodora Peltier Motion Carried. The city administrator questioned whether the assessments could be adopted without a 4/5's vote of the City Council. The question was referred to the city attorney for legal interpretation. After review of the statutes, city attorney, Charles Johnson, stated that a 4/5's vote of the Council is necessary at the improvement hearing if the improvement is proposed by the City Council rather than by a petition of property owners. He stated that it appears that all that is necessary this evening is a majority vote of the City Council. Mayor Atkinson then informed the audience that the resolution was passed, the assessments adopted, and the project would proceed with construction commencing this fall. Atkinson made motion, Olson seconded, that the City Council finds that the objections raised against the Ingersoll Avenue P.I. Project assessment, based on inherent unfairness, as outlined by Mr. Joe Card's attorney, are found by the City Council to be unsubstantiated and the assessments are to stand as approved. All aye. Motion Carried. MODERN AUTO PARTS - PERMIT REVOCATION As per Council direction, the city attorney prepared a resolution denying the issuance of an Auto Dismantling License to Modern Auto Parts of Hugo, Minnesota. The reasons for revocation are outlined in the resolution prepared by the city attorney, and are as noted by the City Council at the public hearing held on August 1, 1988 to consider revocation of the temporary Auto Dismantling License. Not only did Mr. Dupaul fail to comply with several conditions of the permit, but failed to sign the permit agreeing to comply with the special conditions. If the City Council chooses to deny the Auto Dismantling License for Modern Auto Parts, city staff recommends adoption of the proposed resolution. If the City Council wishes to approve the Auto Dismantling License for the upcoming licensing period 1988/89, city staff recommends that it be done subject to compliance with all requirements of the permit, plus paying the city's legal expense for preparation of the resolution. Mr. Roger Dupaul was present at the Council meeting and provided the following documents to satisfy his requirements for an Auto Dismantling License: 1. Payment of $175.00 for application fees, past due and present permit. 2. Certificate of survey and legal description for property identified as Modern Auto Parts in the City of Hugo. 3. A letter of credit, in the amount of $1500.00, as conditioned in the Auto Dismantling License. City Council meeting of 9/19/88 Page 4 4. A signed Auto Dismantling License to expire May 16, 1989. Mayor Atkinson thanked Mr. Dupaul for bringing in the required documents, and stated that he hoped that the next time around it would not be as difficult a procedure. Atkinson made motion, Peltier seconded, to approve the Auto Dismantling License for Roger Dupaul DBA Modern Auto Parts, 16813 Forest Boulevard North, legally described as follows: Part of NE 1/4 of Section 8, T31N, R21W, Washington county, Minnesota. The Auto Dismantling License will expire May 16, 1989, and is subject to compliance with all requirements of the permit. All aye. Motion Carried. ANDERSON HILLS SUBD PLAT Mr. Byron Anderson has made application to the City of Hugo for subdivision of a 50 acre tract of land into five 10 acre building sites' The property in question is zoned agriculture, and is located north of 152nd Street. The site is located in the N 1/2 of the SE 1/4 of Section 1411 T31N, R21W, Washington County, Minnesota. The applicant intends to serve the site in question with utilities by the use of on-site septic systems and private water wells. The surface water drainage plan for this development has been submitted to the Rice Creek Watershed District, and we have received the approved permits from the district. The applicant is requesting a variance allowing for tracts of 9.99 acres in size, and authorization to construct a single family dwelling within 100 feet of the water's edge on Lot 3 of this development. The public hearing was held on this request by the Hugo Planning Commission on May 25, 1988, at which time the Planning Commission recommended approval subject to compliance with special conditions. Potts made motion, Peltier seconded, to approve the preliininary survey for Byron Anderson, for the subdivision of a 50 acre tract of land into five 10 acre building sites to be known as ANDERSON HILLS. The property is located in the N 1/2 of the SE 1/4 of Section 14, T31N, R21W, Washington County, Minnesota; approval of 2 variances, one to allow for tracts of 9.99 acres in size, and the other variance to allow for the construction of a single family dwelling within 100 feet of the water's edge on Lot 3 of this development. The preliminary survey is subject to the following special conditions: 1. All deeds and abstracts used for the conveyance of lots identified in this plat must reflect those lots located in the floodplain Zone B. 2. All property lines on site are to be identified by the applicant to assure proper building setbacks when buildings are to be constructed if required by the building inspector. 3. No commercial or industrial use of the property in question shall be permitted. 4. Driveways and drainage areas must include the installation of a minimum 15" diameter corrugated metal culverts in a manner acceptable to the city. City Council meeting of 9/19/88 Page 5 5. No building permits shall be issued to lots identified on this plat unless building locations and construction is in compliance with the city's floodplain and shoreland regulations. 6. The applicant shall deposit with the city an initial amount of $1,000 to cover costs incurred by the city for engineering review and inspection, staff review, legal review, costs and administration of this request. If actual costs exceed this sum, the developer shall make such additional deposit upon request as the city may require. The developer shall pay all costs incurred hereunder by the city. The city shall refund the developer any remaining funds. 7. Any driveway permits requiring access to highways or county roads may not be issued until permits are secured from Washington County or MNDOT. 8. On-site activities permitted as a result of this subdivision shall not cause the altering of any watercourse, ditch, or drainage system in this area. 9. Percolation tests are to be submitted to the city prior to final plat approval. 10. All parkland dedication fees ($875.00) are to be paid by the applicant prior to recording of this plat. 11. Issuance of deed approvals or building permits shall be subject to compliance with the above listed conditions. 12. Any improvements to the roadway serving this property shall be made at the property owner's expense. 13. All easements identified on the site shall be accessable to the appropriate governmental agencies by public roadway. 14. Building setbacks for Lots 4 and 5 shall, in addition to meeting city ordinance setback requirements, comply with Minnesota Statutes, Section 97B.001 and 97A.315 as it relates to the discharge of a firearm from the licensed shooting preserve across 152nd Street from these lots. 15. The high year water level of this development shall be 969 feet above sea level. 16. The lowest permitted basement or floor level within this development shall be 973 feet with a 4 foot separation recommended due to level of uncertainty of existing and future conditions. All aye. Motion Carried. 1989 GENERAL FUND BUDGET Following budget modifications recommended by the Council on September 6th, the revised general fund budget has been prepared reflecting $870,966 in expenditures for the 1989 fiscal year. Budget increases worth noting were in the areas of administration, legal, fire protection, law enforcement, streets and roadways, bridges, and debt service. The city will need only a 2% increase in ad valorem taxes to fund this budget as a result of an increase in local government �id and other revenue sources. Peltier made motion, Olson seconded, to adopt RESOLUTION 88-43, RESOLUTION APPROVING THE GENERAL FUND BUDGET FOR THE 1989 FISCAL YEAR. VOTING AYE: Olson, Peltier, Potts, Atkinson VOTING NAY: None Motion Carried. City Council meeting of 9/19/88 Paste b 1988-89 TAX LEVY RESOLUTION The proposed resolution reflects the necessary tax levy to fund the general fund and special funds for the 1989 fiscal year. The general 'fund tax levy in 1987 was $526,581, and the recommended tax levy for this year is $535,11o. Olson made motion, Atkinson seconded, to adopt RESOLUTION 88-44, RESOLUTION APPROVING 1988 TAX LEVY COLLECTIBLE IN 1989. VOTING AYE: Olson, Peltier, Potts, Atkinson VOTING NAY: None Motion Carried. 1989 UTILITIES BUDGET City staff is recommending a water fund expenditure budget of $23,470, and a sewer fund expenditure budget of $73,564. The proposed water fund budget is up $40 from projected 1988 expenditures, and the proposed 1989 sewer budget is down approximately $2,0x00 from projected 1988 expenditures. These budgets can be funded with no water or sewer increases for the upcoming fiscal year. Peltier made motion, Olson seconded, to adopt RESOLUTION 88-45, RESOLUTION ADOPTING 1989 MUNICIPAL UTILITIES BUDGET. VOTING AYE: Olson, Peltier, Potts, Atkinson VOTING NAY: None Motion Carried. 1989 SALARY RESOLUTION City policy requires setting salaries for the 1989 calendar year at the time of budget approval. City staff is recommending approval of the upcoming salary schedule for the fiscal year beginning January 1, 1989. Atkinson made motion, Olson seconded, to adopt RESOLUTION 88-46, RESOLUTION SETTING 1989 SALARIES FOR REGULAR AND PART-TIME EMPLOYEES. VOTING AYE: Olson, Peltier, Potts, Atkinson VOTING NAY: None Motion Carried. MISCELLANEOUS Atkinson made motion, Olson seconded, that the city staff forward the name of Arthur Potts to the Washington County Board requesting that Mr. Potts be considered for appointment as Washington County's representative on the Rice Creek Watershed Management Board. VOTING AYE: Olson, Peltier, Atkinson ABSTAINED: Potts Motion Carried. City Council meeting of 9/19/88 Page 7 Atkinson made motion, Olson seconded, to appoint Harold Meehan as the compost site monitor for the City of Hugo, and Ambrose Kaiser as the alternate. All aye. Motion Carried. Atkinson made motion, Peltier seconded, that the Marquette Bank of Minneapolis be added as a city depository, and authorize the city administrator to sign the repurchase agreement for city funds' All aye. Motion Carried. The city attorney stated that the Mardell Law Office has responded to the Sampson claim against the city. Olson made motion, Peltier seconded, to adjourn at 9:32 PM. All aye. Motion Carried. Mary Ann Creager, City Clerk City of Hugo