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HomeMy WebLinkAbout2017.09.05 CC Minutes MINUTES FOR THE CITY COUNCIL MEETING ON TUESDAY, SEPTEMBER 5, 2017 Call to Order Mayor Weidt called the meeting to order at 7:00 p.m. PRESENT: Haas, Klein, Miron, Petryk, Weidt ABSENT: None ALSO PRESENT: City Administrator Bryan Bear, City Attorney Dave Snyder, City Engineer Mark Erichson, and City Clerk Michele Lindau Approval of the Minutes for the August 21, 2017 City Council Meeting Petryk made motion, Klein seconded, to approve the minutes for the August 21, 2017, City Council meeting as presented. All Ayes. Motion carried. Approval of the Minutes for the August 22, 2017 Midyear Budget Workshop Klein made motion, Miron seconded, to approve the minutes for the August 22, 2017, Midyear Budget Workshop as presented. All Ayes. Motion carried. Approval of the Minutes for the August 24, 2017 Twin Cities Business/Washington County Profile Release Party Petryk made motion, Klein seconded, to approve the minutes for the August 24, 2017, event to reveal the Washington County profile in the Twin Cities Business magazine as presented. Approval of the Minutes for the August 25, 2017 Open to Business Event Miron made motion, Klein seconded, to approve the minutes for the August 25, 2017, Open to Business Event as presented. All Ayes. Motion carried. Approval of the Agenda Weidt made motion, Haas seconded, to approve the agenda as amended by adding a discussion on rescheduling the Comprehensive Plan Workshop due to a conflict with the Camp Ripley Retreat. All Ayes. Motion carried. Hugo City Council Meeting Minutes for September 5,2017 Page 2 of 8 Donation of Hugo Lions Golf Event Proceeds to the Yellow Ribbon Network On August 13, 2017, the Hugo Lions sponsored a golf scramble at the Oneka Lake Golf Course with proceeds from the event going to the Hugo Yellow Ribbon Network. Lions Members Denny Route and Mike Gallivan were in attendance to present a check to the Yellow Ribbon Network. Denny stated this was the Stn annual event and the best ever attended with a total of 144 golfers. He thanked all the volunteers and presented a check to the Yellow Ribbon Network in the amount of$8,492.80. Denny stated that, over the years, the golf event had raised more than $30,000 for the community. Council thanked the Lions for all their support. Approval of the Consent Agenda Haas made motion, Petryk seconded, to approve the following Consent Agenda items. 1. Approval of Claims 2. Approve Pay Request No. 2 to Arnt Construction for 147th Street Sidewalk 3. Approve Pay Request No.3 to T.A. Schifsky & Sons for Sunset Lake Street Reconstruction Project 4. Approve Final Pay Request to Peterson Companies, Inc. for Beaver Ponds Stormwater Reuse Project 5. Approve Resolutions Declaring Costs, Ordering Preparation of Assessments, and Setting Public Hearing for North Sunset Lake Improvement Project for October 2, 2017 6. Approve Preliminary Tax Levy for 2018 7. Approve Resolutions Approving Final Plat and Development Agreement for Fable Hill Stn Addition 8. Approve Resolution for No Parking on 132nd Way All Ayes. Motion carried. Approval of Claims Adoption of the Consent Agenda approved the Claims Roster as presented. Approve Final Pay Request to Arnt Construction for 147th Street Sidewalk Extension Prosect The City of Hugo had received the Final Pay Request from Amt Construction for the 147th Street Sidewalk Extension Project. City Engineer Mark Erichson and Senior Engineering Technician Steve Duff had reviewed the pay request and found it to be satisfactory for work completed to date on this project. Adoption of the Consent Agenda approved the Final Pay Request to Arnt Construction in the amount of$3,353.98 for all work completed on the 147th Street Sidewalk Extension Project. Hugo City Council Meeting Minutes for September 5,2017 Page 3 of 8 Approve Pay Request No.3 to T.A. Schifsky & Sons for Sunset Lake Street Reconstruction Prosect The City of Hugo had received Pay Request No. 3 from T.A. Schifsky's for the North Sunset Lake Street Reconstruction Project. City Engineer Mark Erichson and Senior Engineering Technician Steve Duff had reviewed the pay request and found it to be satisfactory for work completed to date on this project. Adoption of the Consent Agenda approved Pay Request No. 3 to T.A. Schifsky in the amount of$303,391.22 for work completed to date on the North Sunset Lake Street Reconstruction Project Approve Final Pay Request to Peterson Companies, Inc. for Beaver Ponds Stormwater Reuse Proiect The City of Hugo had received the Final Pay Request No. 2 from Peterson Companies for the Beaver Ponds Water Reuse Project. City Engineer Mark Erichson and Senior Engineering Technician Steve Duff had reviewed the final pay request and found it to be satisfactory for work completed on the system. Adoption of the Consent Agenda approved Final Pay Request No. 2 to Peterson Companies in the amount of$8,625.00 for work completed to date on the Beaver Ponds Water Reuse System Project. Approve Resolutions Declaring Costs, Ordering Preparation of Assessments, and Setting Public Hearing for North Sunset Lake Improvement Proiect for October 2, 2017 At its December 5, 2016, meeting, Council held a public hearing on the North Sunset Lake Street Improvement Project and the preparation of plans and specs for the project. Bids were opened on April 6, 2017, and the project was awarded to T.A. Schifsky & Sons. Improvements are substantially completed, and staff recommended that the Council move forward with the assessment process for the project. Adoption of the Consent Agenda approved RESOLUTION 2017—30 DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENTS FOR THE NORTH SUNSET LAKE AREA STREET IMPROVEMENT PROJECT and RESOLUTION 2017—31 CALLING FOR THE PUBLIC HEARING ON THE PROPOSED ASSESSMENT FOR THE NORTH SUNSET LAKE AREA STREET IMPROVEMENT PROJECT. Approve Preliminary Tax Lew for 2018 At its August 22, 2017,Mid-year Budget Workshop, the City Council listened to a presentation from Finance Director Ron Otkin highlighting revenues and expenditures to date as well as projections for the 2018 fiscal year. It was the consensus of the Council that the 2018 preliminary tax levy provide for no change in the urban tax rate. The total proposed 2018 property tax levy of$6,589,302 kept the urban tax rate at 36.323% of tax capacity while the rural tax rate will decline by 0.24%. The Finance Director believed this levy is sufficient to fund the operating and capital budgets in fiscal year 2018. Adoption of the Consent Agenda approved RESOLUTION 2017-32 APPROVING THE PRELIMINARY TAX LEVY PAYABLE IN 2018. Hugo City Council Meeting Minutes for September 5,2017 Page 4 of 8 Approve Resolutions Approving Final Plat and Development Agreement for Fable Hill Stn Addition Elmcrest Investments, LLC, (Len Pratt) had requested approval of a final plat in order to plat 21 villa lots and 2 outlots on a 19 acre parcel located north of Fable Hill Road. The site was currently vacant. The City Council had reviewed an amendment to the preliminary plat and PUD for Fable Hills 5th Addition at its August 21, 2017, meeting. There were no changes to the lots from the preliminary plat. The lots met the minimum lot standards and requirements outlined in the regulations for the Fable Hills PUD. Adoption of the Consent Agenda approved RESOLUTION 2017-33 APPROVING A FINAL PLAT AND DEVLEOPMENT AGREEMENT FOR ELMCREST INVESTMENTS LLC, FOR FABLE HILLS 5th ADDITION. Approve Resolution for No Parking on 132nd Way North The Townhomes of Bald Eagle Homeowners Association had requested no parking along the outside lane of 132nd Way North due the road being narrow and curved, stating concerns related to emergency vehicles and large trucks not being able to pass through the neighborhood and creating safety concerns. Public Works Director Scott Anderson and City Engineer Mark Erichson recommended Council approve the resolution for parking restrictions along 132nd Way North. Adoption of the Consent Agenda approved RESOLUTION 2017-34 RESTRICTING PARKING ON 132nd WAY NORTH. Approve Special Event Permit for Woods of Terror/Spooktacular Fall Harvest Fest Ken and Mike Short, 5155 Sherwood Drive SW, Motley, applied for a Special Event Permit to hold the Woods of Terror and Spooktacular Fall Harvest Fest as a Halloween event running from September 29—October 31, 2017. This event would take place on the Ramberg property (Woodloch Stables), 5676 170th Street North, and adjacent property owned by Macalus. This required a Special Event Permit approved by Council because there will be approximately 16,500 people attending over the course of the event, amplified sound will be used, and the event will extend past dark. Staff would continue to work with the applicant on details of the event and was comfortable with approval subject to several conditions listed in the staff memo. Council Member Haas removed this item from the Consent Agenda to invite the property owner Bill Ramberg and applicant Ken Short to talk about the event. Haas made motion, Klein seconded, to approve the Special Event Permit for the Woods of Terror/Spooktacular Fall Fest. All Ayes. Motion carried. Report on Judge's Ruling in DNR/White Bear Lake Lawsuit City Administrator Bryan Bear reviewed with Council the lawsuit filed by the White Bear Lake Restoration Association in 2014 against the DNR alleging the DNR violated the Minnesota Environmental Rights Act (MERA) by allowing excessive pumping of groundwater by municipalities, claiming it impacted the water levels of White Bear Lake. The White Bear Lake Hugo City Council Meeting Minutes for September 5,2017 Page 5 of 8 Homeowner' Association intervened on the side of the plaintiff, and the White Bear Township and City of White Bear intervened on the side of the defendant. Bear explained that the trial ended in mid-June, and the judge made a ruling that was very favorable to the plaintiffs. The Order determined the DNR had violated MERA and Violated Public Trust by causing the decline in water levels of WBL by allowing high capacity groundwater appropriations. The Order stated the DNR allowed excessive pumping, did not set limits, and failed to require plans for alternatives to pumping. Restrictions will be placed on new wells within five miles of White Bear Lake and all existing appropriation permits for using groundwater are to be reviewed by the DNR for compliance with sustainability standards, and the permit could be downsized. The Order also impacts private wells and requires the DNR to determine how much water can be withdrawn from the lake. The protective elevation of the lake has been set at 923.5, and if water levels go below that, it will trigger a residential irrigation ban that will be in effect until the elevation reaches 924. Bryan noted that the lake is rarely above the 924 elevation. Historical averages were used but are irrelevant for White Bear Lake due to the lake being augmented for decades, and the lake outlet was lowered twice. Bear reviewed established limit on appropriation permits that allow for 75 gallons per person per day for residents and 90 gallons per day per person for other non-residential uses. This would include businesses that use water, and it would be hard to measure their use per capita. The Order also requires creation of contingency plans for conversion to surface water and reporting on collaborative efforts. He noted Hugo currently complies with the capita per day thresholds and has already begun a conversion to surface water. Bear explained that the Order does not directly apply to the city; it applies to the DNR. He stated there is no scientific data to support its conclusion, and the language will be difficult to interpret and enforce. Bear pointed out the many flaws in the Order and stated it was too soon to know what the parties of the lawsuit will do in response to this Order. City Attorney Dave Snyder reminded Council about a discussion they had four years ago when they considered whether to be a part of the lawsuit. The state brought forward a motion to dismiss, which was denied, and the view of the Council at that time was that the questions regarding aquifers were best answered by the experts and should not be determined in a courtroom. The Council's determination four years ago was that the City could take a proactive role, which included conservation efforts and surface water reuse, and work cooperatively with local legislators. There are many thing in the Order that require interpretation and clarification; it's not the City's responsibilities to resolve the inconsistencies. Snyder suggested the Council continue to implement conservation steps, identify possible alternative sources of water, and continue to lead and work with legislative and business partners to ensure continued existence of municipal water. The Council discussed what was being required of them by the Order. Snyder explained the DNR has basically been ordered by the courts to take certain actions, and what the DNR would likely require from the cities is exactly what the City of Hugo has been doing the past four years regarding intelligent water use. Snyder further talked about flawed assumptions in the Order that has traced the lake level to water consumption, and said he anticipated there will be an appeal. It was Snyder's opinion that the Order was unclear, unfounded, and unreasonable. Council talked about the consequences that fall on others that will cause a huge public outcry and Hugo City Council Meeting Minutes for September 5,2017 Page 6 of 8 felt the ramifications may need to be communicated to residents and businesses. The Council agreed the City has taken a proactive role, and the best thing to do was to continue on the path it has been on. It was suggested putting the PowerPoint on the website and scheduling the next Water Summit. Abatement Hearing for Schultz-13101 Henna Ave City Administrator Bryan Bear inform Council that staff had been working with the property owner regarding violations of the Municipal Code since August 2016. Although the property owners had been provided ample notice and time to correct the violations, they had failed to do so. City staff had scheduled an abatement hearing for this evening where the City Council may decide to order City officials to clean the property of all violations by whatever means are available. Based on matters affecting the property owner, he is unable to attend this evening's meeting. Miron made motion, Klein seconded, to reschedule this hearing for a later date. All Ayes. Motion carried. Yellow Ribbon Network Report Council Member Haas and Klein reported to Council on the Yellow Ribbon Network activities held recently. The thanked the Legion for their generous donation stating they continue to respond to the needs of military families, and the money will help. The YRN continues to send packages to the troops. They are busy preparing for the next pheasant hunt, and the radio station WDGY want to do a public service announcement. The next Burger Night will be sponsored by local legislators. Haas commended Wilson Tool's in-house electrician for fixing an oven during the last Hamburger Night. He thanked Dunn Brothers who provided free coffee and doughnuts to the troops during the golf event. Reschedule Comprehensive Plan Workshop A workshop on the 2040 Comprehensive Plan has been scheduled for Tuesday, October 24, 2017. Council Member Haas added this to the agenda to point out the Emergency Management meeting he and Mayor Weidt were attending at Camp Ripley was the following day, and it would be difficult to attend the workshop. City Administrator Bryan Bear indicated staff will provide some alternative dates to reschedule the workshop. Movie Night Featuring "Sino" on Friday, September 8, 2017 City Administrator Bryan Bear informed Council that a movie night at the Hanifl Fields Athletic Park had been scheduled for Friday, September 8, 2017, featuring the movie "Sing". The Washington County Sheriff s Department and the Hugo Fire Department will be in the park at 6:30 p.m. to meet with the kids, and the movie will be shown at 7:30 p.m. Hugo City Council Meeting Minutes for September 5,2017 Page 7 of 8 Business Networking Breakfast on Tuesday, September 12, 2017 City Administrator Bryan Bear informed Council the Hugo Area Business Association was hosting a Business Networking Breakfast on Tuesday, September 12, 2017 at 7:30 a.m. at the Blue Heron. Klein made motion, Haas seconded, to schedule the HBA breakfast meeting for Tuesday, September 12, 2017. All Ayes. Motion carried. Fire Department Burn on Saturday, September 16,2017 City Administrator Bryan Bear inform Council the Hugo Fire Department has invited them to take part in, or observe, a house burn on Saturday, September 16, 2017. The house is located at 5754 130th Street North. Staff recommends Council schedule this as a meeting if they choose to attend. Miron made motion, Petryk seconded, to schedule the Fire Department House Burn on Saturday, September 16, 2017. All Ayes. Motion carried. Hopkins Schoolhouse Open House on Monday, September 18, 2017 City Administrator Bryan Bear informed Council the Hugo Historical Commission was holding an open house to present the community a look into the Hopkins school house located at 5970 170th Street North from 4-7 p.m. on Monday, September 18, 2017. The Historical Commission, with the assistance of History Intern Olivia Schiffman, had been researching the history of the school house and was seeking public input regarding the future of it. Petryk made motion, Klein seconded, to schedule a meeting to attend the Hopkins School House Open House on September 18, 2017. All Ayes. Motion carried. Brown's Creek Watershed District Vacancy City Administrator Bryan Bear inform Council there is a vacancy on the Brown's Creek Watershed District Board of Managers. State statute provides that the County Board will select watershed district managers from lists of nominees submitted by the municipalities that are wholly or partially in the watershed district. Anyone interested in serving should contact City Hall. Hugo City Council Meeting Minutes for September 5,2017 Page 8 of 8 Adiournment Klein made motion, Miron seconded, to adjourn at 8:21 p.m. All Ayes. Motion carried. Respectfully Submitted, v r l . Lv�"Cx-ec,�c. Michele Lindau City Clerk