HomeMy WebLinkAbout1987.04.06 CC Minutes35
MINUTES OF THE PROCEEDINGS OF THE HUGO CITY COUNCIL
April 6, 1987
The regular Council meeting was called to order by Mayor Atkinson at 7:04 PM.
PRESENT: Bob Olson, Peltier, Potts, Vail, Atkinson
City Administrator, Ken Huber
3.0 Approval of Minutes
Motion made by Peltier, Vail seconded, to approve the minutes of March 16, 1987, as
submitted.
All aye. Motion Carried.
4.0 Approval of Claims
Motion made by Potts, Peltier seconded, to approve the General Claims for April 6,
1987, in the amount of $17.359.01.
All aye. Motion Carried.
Motion made by Vail, Peltier seconded, to approve the Utility Claims for April 6,
1987, in the amount of $4,206.08.
All aye. Motion Carried.
5.A On/Off Sale Non -intoxicating Liquor License (Darrell Tavernier)
Mr. Darrell Tavernier has made application to the City of Hugo for on and off sale
non -intoxicating liquor license as well as cigarette license for the Lakeview Inn
boat rental and beverage sales establishment on Bald Eagle Lake. This is a request
for renewal of the license as the City Council has granted similar requests to
Mr. Tavernier in previous years. The Washington County Sheriff's Office has reviewed
the applications, and has found no liquor violations for the establishment in question.
If the City Council elects to approve the license, we would recommend said approval
be subject to securing all other required licenses as well as compliance with health,
safety, and other requirements of the municipal code.
Motion made by Vail, Peltier seconded, to approve an on and off sale non -intoxicating
liquor license and a cigarette license for the Lakeview Inn (Darrell Tavernier),
located at 4444 129th Street, on Bald Eagle Lake, in the City of Hugo. Approval of
this license is subject to Mr. Tavernier securing all other required licenses as
well as compliance with health, safety, and other mquirements of the municipal code.
All aye. Motion Carried.
Subdivision Request (Jim and Diane Weber)
Mr. & Mrs. James Weber have made application to the City of Hugo for the subdivision
of a 15.9 acre tract of land into three buildable lots in an RR2 zoning district.
The parcel of land in question is described as Parcels A and B of the certificate of
survey approved by the Hugo City Council on June 16, 1986. The original survey
involved two parcels of land: one containing 10f acres and the other containing
5.4 acres. It is the applicants' intent to subdivide Parcels A and B of the previous
certificate of survey into three tracts of land: one containing 5.1 acres, one 5.6
acres, and 5.2 acres. RR2 districts require a minimum of five acre lots and 300 feet
of frontage on a public roadway. The property in question is on Oneka Lake and subject
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April 6, 1987
to compliance with lakeshore and shoreland regulations as described in Chapter 320,
Article III of the municipal code. On March 25, 1987, the Hugo Planning Com-
mission held a public hearing to secure public input regarding this request.
The Planning Commission received no objections to the proposal in question, and
voted unanimously to recommend approval of the subdivision and waiver of the
formal platting procedure subject to securing all other permits as required.
preliminary
Motion made by Olson, Peltier seconded, to approve the/ subdivision application
of James and Diane Weber to divide 15.9 acres of land into three lots by certifi-
cate of survey, subject to payment of required parkland dedication and recording
fees for recording of the survey with Washington County, of the following desribed
property, to -wit: Lots C. D, and E of Government Lot 1, Section 9, T31N, R21W,
Washington County, Minnesota.
All aye. Motion Carried.
Motion made by Atkinson, Potts seconded, that the City Council authorizes waiving
of the formal platting procedure for the Weber subdivision request, to allow
for legal descriptions by certificate of survey.
All aye. Motion Carried.
7.A Compost Recycling Presentation (Jim Hulbert)
As per Council direction, we have invited Washington County Environmental Health
Specialist, Jim Hulbert, to speak to the Council regarding the possibility of
providing a compost recycling center in Hugo. Mr. Hulbert was present to make
a brief presentation on the benefits of the program, and how successful the
program has been in other communities. In the near future, every community will
be required to establish its own program or the county will have the authority
to establish a program and access the costs. Mr. Hulbert stated that he would
be glad to conduct a tour of the existing sites if the Council so chooses.
7.B Cable TV Presentation (Dave Kruze)
As per Council direction, we have invited Mr. Dave Kruze of Forest Lake Cablevision
to make a presentation to the Council regarding the benefits of having cable TV
in the City of Hugo. The presentation was informational and not for the
purpose of promoting a particular cable company. Mr. Craig Paul, Citation
Cable of Denver, Colorado, was present and discussed the areas that could
be served by cable TV at this time. Mr. Paulson did note that it would be more
cost effective to utilize a company that would be able to extend existing lines
rather than introducing a new company. Messrs. Kruze and Paulson would be available
for a public hearing at some future date.
7.0 Will Harris Investment - Change in Corporate Structure (Texan Bar)
The City of Hugo has received a formal request from Will Harris Investments, Inc.,
dba The Texan Bar, for approval of a change in their corporate structure. In
March, 1985, Wilber Harris provided the city with a declaration stating that he
he was the president and sole stockholder of Will Harris Investments, Inc. It
is the intent of Mr. Harris to sell 49% of the stock in this corporation to Mr.
Donald Bumgarner of 17252 Forest Boulevard, Hugo, Minnesota. As per Minnesota
statute and city policy, all changes in corporate structure effecting the holder
of an on -sale liquor license must be reported to the city and approved by the
City Council. The Washington County Sheriff's Department has done a series of
background investigations on Mr. Bumgarner, and has indicated that they have no
record of any convictions within the past five years of any violation of laws
of the State of Minnesota or city ordinances relating to intoxicating liquor.
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April 6, 1987
Based on the information provided the city at this time, Mr. Bumgarner would be
eligible for holding an on -sale liquor license if .the Council chooses to approve
this change in corporate structure. This request was reviewed by the City Council
at their March 16, 1987 meeting, and tabledpending any possible criminal prosecution
of Mr. Bumgarner regarding gambling or the illegal sale of intoxicating liquors.
It was recommended that if the Council authorizes this change, that it would be
with the understanding that all stockholders in the corporation be in compliance
with city zoning regulations and other requirements of the municipal code, Chapter
190-8, dealing with persons ineligible for liquor licenses. It was also recommended
that Mr. Bumgarner be put on notice that any violation of liquor or gambling laws
or city zoning regulations will be grounds for not renewing their liquor license
on the annual renewal date. Mr. Huber stated that this request will not change
the liquor license as issued only the corporate structure Captain Greene of the
Washington County Sheriff's Office was again contacted regarding allegations made
by Gary Thompson that illegal gambling was taking place on the premises of the
Texan Bar. Captain Greene stated that he was not aware of anything that needed to
be investigated. Messrs. Gary Thompson, lessee of the kitchen facilities at the
Texan Bar, and Mr. Bumgarner were present, and again made allegations about each
other that had no bearing on the request for the change in corporate structure.
Motion made by Potts, Peltier seconded, to approve the request for change in the
corporate structure of Will Harris Investments, Inc., dba the Texan Bar, allowing
for the sale of 49% of the corporate stock from Wilber Harris to Donald Bumgarner.
Mr. Bumgarner was put on notice that any violation of liquor or gambling
laws or city zoning regulations will be grounds for not renewing their liquor
license on the annual renewal date.
All aye. Motion Carried.
future license
Atkinson stated for the record that/ approvals would be with the understanding that
all stockholders be in compliance with regulations dealing with persons ,ineligible
for holding a liquor license (Chapter 190-8).
8.A Authorize Financial Depositories
At the first regular Council meeting in January, the official depositories for
city funds are designated by the City Council. The city attorney assured us
in January that additional depositories for the city can be designated at any
time time during the fiscal year. Currently, there is a wide -range of interest
rates being paid on investment by various financial institutions, and some aren't
even interested in handling our investments. We are recommending that the list
of financial depositories for the city be expanded to include the First Bank
White Bear Lake and the Minnesota Municipal Money Market Fund.
Motion made by Atkinson, Peltier seconded, that the City Council expand the list
of city depositories to include the First Bank White Bear Lake and the Minnesota
Municipal Money Market Fund.
All aye. Motion Carried.
9.A Petition to Amend Chapter 170 of the Municipal Code
Councilmember, Bob Olson, has indicated that a group of residents in his ward have
requested an opportunity to come before the City Council and present a petition
to amend chapter 170 of the municipal code dealing with mining, excavating, and
grading. It is our understanding that the primary intent of the petition deals
with the following:
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April 6, 1987
1. Prohibiting the manufacturing of bituminous materials in the City of Hugo.
2. Prohibiting the crushing, washing, and other processing of materials in
gravel pits.
3. Prohibiting the use of blasting materials for mining purposes.
4. Better clarification of travel routes to and from excavation sites.
5. Fencing and security of all gravel pits - increase in liability insurance
coverage.
6. Establishment of noise standards.
7. Establish more restrictive hours of operation.
8. Increasing the violations and penalties.
The proposed ordinance includes the changes recommended by the group of residents
objecting to the way the gravel pits have been operated in the past. Councilmember
Olson has indicated that representatives of this group will be present at tonight's
meeting to present the petition and review their concerns. It should be noted that
the city has established a $75.00 application fee for the processing of amendments
to the municipal code. Ann Munthe submitted the petition supporting revisions to
Chapter 170 dealing with mining permicsri u1 or Atkinson declined to discuss the
petition at this time until the staff,/an mining'permit holders have had an oppor-
tunity to review the documents and make comment.
Motion made by Atkinson, Peltier seconded, that the City Council receive the
petition and proposed revision to Chapter 170 dealing with mining permits.
All aye. Motion Carried.
10.0 Report of City Administrator
charitable
The city received a copy of an application for/gambling license from the Hugo
American Legion Post 620.
Motion made by Atkinson, Potts seconded, that the Hugo City Council has no object-
ion to the Charitable Gambling application made by the Hugo American Legion.
All aye. Motion Carried.
Motion made by Atkinson, Olson seconded, that the City Council authorizes the
city staff to attend computer training sessions.
All aye. Motion Carried.
Motion made by Atkinson, Potts seconded, authorizing the City Administrator to
attend the MCMA conference in Brainerd, Minnesota, in mid-May.
All aye. Motion Carried.
City Administrator Huber discussed a previous infg dal decision made by the 1986
City Council regarding ditch cleaning in the Lake7�states and Oakshore Park areas.
The 1987 city budget has no money allocated for ditch cleaning.
Motion made by Vail, Potts seconded, that the City Council will not, at this time,
do any ditch cleaning, but inform the Oakshore Homeowners Association that they
have the city's permission to clean the ditches for which they are concerned.
All aye. Motion Carried.
I
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April 6, 1987
11.0 Miscellaneous
Mayor Atkinson asked the staff to follow up on the previous action calling for the
installation of a stop sign in the Peloquin Industrial Park.
Mayor Atkinson asked that the Washington County Sheriff's Office be contacted regarding
excessive speed on Europa Avenue in the Oakshore Park/Lake Air area.
Theodora Peltier has agreed to represent Hugo on the Lakes Area Historical Society.
Coucilman Bob Olson expressed some discontent with the lack of coverage being provided
by the city's official newspaper - White Bear Press. Mayor Atkinson stated that
he would be willing to contact publisher,Gene Johnson,to see if they would provide
better coverage for Hugo.
Pannell Kerr Forster, the city's audit firm, will meet with the City Council at 6:00 PM,
April 20, 1987, to discuss the audit report for 1986.
12.0 Adjournment
Motion made by Potts, Peltier seconded, to adjourn at 8:55 PM.
Mary Creager, City Cler
City o Hugo