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HomeMy WebLinkAbout2018.01.08 CC Minutes CITY of Minutes HUGO CITY COUNCIL MEETING t: EST. 1906 HUGO CITY HALL •. • 00 14669 Fitzgerald Avenue North•Hugo,MN 55038 MONDAY,JANUARY 8, 2018—7 P.M. Call to Order Mayor Weidt called the meeting to order at 7:00 p.m. PRESENT: Haas (via Skype) Klein, Miron, Petryk, Weidt ABSENT: None ALSO PRESENT: City Administrator Bryan Bear, City Attorney Dave Snyder, City Engineer Mark Erichson, City Planner Rachel Juba, Community Development Assistant Rachel Leitz, and City Clerk Michele Lindau Minutes for the December 14, 2017 Holidav Party Klein made motion, Petryk seconded, to approve the minutes for the holiday party on December 14, 2017, as presented. All Ayes. Motion carried. Minutes for the December 18, 2017 City Council Meeting Miron made motion, Klein seconded, to approve the minutes for the City Council meeting on December 18, 2017, as presented. All Ayes. Motion carried. Approval of the Agenda Weidt made motion, Petryk seconded, to approve the agenda as amended by adding an executive session. All Ayes. Motion carried. Recognition of Yellow Ribbon Network Sponsor of the Year Mark Schwope Over the past year, Mark Schwope had generously donated time and money to the Yellow Ribbon Network. The Council recognized Mark's contributions, and Klein presented him with the Burger Night of the Year Award. Swearing in of New Assistant Chief David Jensen At its December 4, 2017, meeting, Council approved David Jensen as the new Assistant Chief after the retirement of Jim Fordham. David Jensen was sworn in as Assistant Chief of the Hugo Fire Department. Hugo City Council Meeting Minutes for January 8,2018 Page 2 of 11 Swearing in of Firefithters Andy Luchsinur, Matt Drew, and Jason Palmquist At its December 4, 2017, meeting, Council approved Andy Luchsinger, Matt Drew, and Jason Palmquist as regular firefighters after completing all the necessary probationary requirements. Chief Colvard explained the dedication involved in becoming a regular fighter. Luchsinger, Drew and Palmquist were sworn in as firefighters on the Hugo Fire Department. Presentation of Certificate of Appreciation for Retired Firefithter Jim Fordham At its December 4, 2017,meeting, Council approved the retirement of Assistant Chief Jim Fordham. Council presented Fordham with a Certificate of Appreciation for his ten years on the Hugo Fire Department. Approval of the Consent Agenda Miron made motion, Klein seconded, to approve the following Consent Agenda items: 1. Approval of Claims 2. Approve Appointment of Becky Petryk as Acting Mayor 3. Approve Appointment of WSB and Associates as City Engineer 4. Approve Appointment of Landform as City Planner 5. Approve Appointment of Johnson& Turner as City Attorney 6. Approve Appointment of Springsted, Inc. as Financial Advisor 7. Approve Appointment of Fire Chief Kevin Colvard as Emergency Management Director 8. Approve Appointment of US Bank as Depository for City Funds 9. Approve Appointment of The Citizen as Official Newspaper 10. Approve Appointments to Hugo Firefighter Relief Association 11. Approve Resolution on Statutory Tort Liability Limits 12. Approve Appointment of Bronwen Kleissler as Chair of the Planning Commission 13. Approve Appointment of Dave Strub as Chair and Cathy Moore-Arcand as Vice Chair of the Parks and Recreation Commission 14. Approve Appointment of Cynthia Schoonover as Chair of Historical Commission 15. Approve Appointment of Tom Weidt and Phil Klein as Council Representatives on the EDA 16. Approve Appointment of Tom Weidt as the City Council Representative on the Board of Zoning Appeals and Adjustments 17. Approve Appointment of Tom Weidt as Chair of the Board of Zoning Adjustments 18. Approve Animal Control Service Contracts with Companion Animal Control and Otter Lake Animal Hospital for 2018 19. Approve Reduction in the Letter of Credit for DR Horton for Clearwater Cove 1St Addition 20. Approve Reduction in the Letter of Credit for DR Horton for Clearwater Cove 4t' Hugo City Council Meeting Minutes for January 8,2018 Page 3 of 11 Addition 21. Approve Acceptance of Improvements for D.R. Horton for Clearwater Cove 1st, 2nd and 3rd Additions and Oneka Parkway Extension 22. Approve Release of the Letter of Credit and Escrow for Everton Investment/Pratt Homes for Fable Hills 4th Addition 23. Approve Reduction in the Cash Escrow for The Excelsior Group for Adelaide Landing Phase Site Grading 24. Approve Reduction in the Letter of Credit for The Excelsior Group for Adelaide Landing 1St Addition Street and Utilities 25. Approve Lawful Gambling Exempt Permit for Church of St. Genevieve for Fish Fry on March 23, 2018 26. Approve Extension of Temporary Employment for History Intern Olivia Schiffman All Ayes. Motion carried. Approval of Claims Adoption of the Consent Agenda approved the Claims Roster as presented. Approve Appointment of Becky Petryk as Acting Mayor Each year, the Council appoints a member of the Council for the position of Acting Mayor. Adoption of the Consent Agenda approved the appointment of Council Member Becky Petryk as Acting Mayor for the year 2018. Approve Appointment of WSB and Associates as City Engineer WSB Engineers have been the City Engineer for the past 14 years. Currently, Mark Erichson handles the day-to-day civil engineering duties, and Pete Willenbring is the water resource engineer. WSB Engineers requested to continue to provide this service to the City at a revised rate schedule. Adoption of the Consent Agenda approved the appointment of WSB Engineers and Mark Erichson as the City Engineer for 2018. Approve Appointment of Landform as City Planner Kendra Lindahl from Landform worked over the past 15 years as the City Planner. Landform requested to continue to provide this service to the City at a revised rate schedule. Adoption of the Consent Agenda approved the appointment of Kendra Lindahl as the City Planner/Planning Consultant for the year 2018. Approve Appointment of Johnson Turner as City Attorney The law firm of Johnson Turner served the City for the past five years with Dave Snyder as the City attorney. Johnson Turner would like to continue to provide legal services to the City at the same rate schedule. Adoption of the Consent Agenda approved the appointment of David Snyder and the Johnson Turner Law Firm as the City Attorney for the year 2018. Hugo City Council Meeting Minutes for January 8,2018 Page 4 of 11 Approve Appointment of Sprinuted, Inc. as Financial Advisor Financial advisors Paul Steinman, Mikaela Huot, and Nick Dragisich and the other members of the Springsted, Inc. team have served the City over the years on a wide variety of projects. Adoption of the Consent Agenda approved Paul Steinman, Mikaela Huot, and Nick Dragisich, from Springsted, Inc., as the City's financial advisors for the year 2018. Approve Appointment of Fire Chief Kevin Colvard as Emergency Management Director Each year, Council appoints a member of the City staff to serve in the role of Emergency Management Director. For the past decades, the Fire Chief has served in this position. Adoption of the Consent Agenda approved the appointment of the Fire Chief Kevin Colvard as the City's Emergency Management Director for 2018. Approve Appointment of US Bank as Depository for City Funds Each year, Council selects a depository/bank for the deposit of City funds. For many years, Council has selected the local Hugo branch of US Bank. Adoption of the Consent Agenda approved U.S. Bank-Hugo as the official depository for City funds for 2018. Approve Appointment of The Citizen as Official Newspaper Each year, Council selects a newspaper as the official publication for all public notices and publishing of ordinances. For the past nine years, the City Council appointed The Citizen as the City's new official newspaper, and The Citizen would like to continue to provide this service at a slightly increased rate. Adoption of the Consent Agenda approved the The Citizen as the City's official newspaper for 2018. Approve Appointments to Hugo Firefighter Relief Association Minnesota State Statute requires the official appointment of the ex-officio members of the Hugo Fire Department Relief Association Board. Council must appoint two elected or appointed members. Adoption of the Consent Agenda approved Mayor Tom Weidt, with Councilmember Chuck Haas as his designee in his absence, and Finance Director Ron Otkin as ex-officio members of the Hugo Fire Department Relief Association Board. Approve Resolution on Statutory Tort Liability Limits In the late 1990's, the League of Minnesota Insurance Trust required each City that obtained liability coverage from them to decide whether or not to waive the statutory tort liability limits to the extent of the coverage purchased. At that time, the City Council opted not to waive the statutory limits. LMCIT required each member city to reaffirm their position regarding these limits. Currently these limits are $ 500,000 per claimant and $ 1, 500,000 per occurrence. Adoption of the Consent Agenda approved RESOLUTION 2018-1 RESOLUTION NOT TO WAIVE STATUTORY TORT LIABILITY LIMITS. Hugo City Council Meeting Minutes for January 8,2018 Page 5 of 11 Approve Appointment of Bronwen Kleissler as Chair of the Planning Commission Annually, Council appoints a member of the Planning Commission to serve as the Chair, and the Commission appoints the Vice Chair. Bronwen Kleissler has served as the Chair of the Planning Commission since August, 2015. Adoption of the Consent Agenda approved the reappointment of Bronwen Kleissler as the Chair of the Planning Commission. Approve Appointment of Dave Strub as Chair and Cathy Moore-Arcand as Vice Chair of the Parks and Recreation Commission Annually, the City Council appoints members of the Parks Commission to serve as Chair and Vice Chair. Dave Strub served as Chair of the Parks and Recreation Commission since November, 2016, and Cathy Moore-Arcand served as vice chair since January 2017. Adoption of the Consent Agenda approved the reappointment of Dave Strub as Chair and Cathy Moore- Arcand as Vice Chair for the Parks and Recreation Commission for 2018. Approve Appointment of Cynthia Schoonover as Chair of Historical Commission Annually, the City Council appoints a member of the Historical Commission to serve as the Chair of the Commission. Cynthia Schoonover served as the Chair of the Commission for the past several years. Adoption of the Consent Agenda approved the reappointment of Cynthia as the Chair of the Historical Commission for 2018. Approve Appointment of Tom Weidt and Phil Klein as Council Representatives on the EDA Annually, Council appoints two representatives from the Hugo City Council to serve on the Economic Development Authority (EDA). Adoption of the Consent Agenda approved the reappointment of Mayor Weidt and Council Member Klein to continue to serve as the Council Representatives on the EDA for 2018. Approve Appointment of Tom Weidt as the City Council Representative on the Board of Zoning Appeals and Adiustments Annually, the Hugo City Council appoints a member of the Planning Commission, City Council, and a resident to serve on the Board of Zoning Appeals and Adjustments. Tom Weidt agreed to serve another year on the Board as the City Council Representative. Adoption of the Consent Agenda approved the reappointment of Tom Weidt as the City Council representative to serve on the Board of Zoning Appeals and Adjustments for another one-year term. Approve Appointment of Tom Weidt as Chair of the Board of Zoning Adiustments Annually, Council approves appointment of Chair of the Board of Zoning Appeals and Adjustments. Adoption of the Consent Agenda approved the reappoint of Board Member Tom Weidt as Chair of the Board of Zoning Appeals and Adjustments. Hugo City Council Meeting Minutes for January 8,2018 Page 6 of 11 Approve Animal Control Service Contracts with Companion Animal Control and Otter Lake Animal Hospital for 2018 Since July 2013, Companion Animal Control and Otter Lake Animal Hospital had been providing animal control services to the City. Adoption of the Consent Agenda approved the continuation of the current contracts with Companion Animal Control and Otter Lake Animal Hospital for 2018. Approve Reduction in the Letter of Credit for DR Horton for Clearwater Cove 1st Addition DR Horton, developer, had requested the City reduce the letter of credit being held for Clearwater Cove 1st Addition to 10% of the original letter of credit in the amount of $2,358,574.38. Adoption of the Consent Agenda approved the letter of credit being held for the constructed improvements in Clearwater Cove 1st Addition be reduced to $235,857.43. Approve Reduction in the Letter of Credit for DR Horton for Clearwater Cove 4th Addition DR Horton, developer, had requested the City reduce the letter of credit being held for the Clearwater Cove 4th Addition to 10% of the original letter of credit in the amount of$497,311.00. Adoption of the Consent Agenda approved the letter of credit being held for the constructed improvements be reduced to $49,731.11. Approve Acceptance of Improvements for D.R. Horton for Clearwater Cove 1st, 2nd and 3rd Additions and Oneka Parkway Extension D.R. Horton had requested the City accept the improvements for Clear Water Cove 1st thru 3rd Addition and Oneka Parkway Extension. Adoption of the Consent Agenda approved acceptance of the improvements and start of the one year warranty period. Approve Release of the Letter of Credit and Escrow for Everton Investment/Pratt Homes for Fable Hills 4th Addition Everton Investments, developer, had requested the City release the letter of credit being held for the Fable Hills 4th Addition (LOC # 4935-82). Adoption of the Consent Agenda approved the release of the letter of credit being held and any escrow for the constructed improvements in the Fable Hills 4th Addition. Approve Reduction in the Cash Escrow for The Excelsior Group for Adelaide Landing 1't Addition Site Grading The Excelsior Group, developer, had requested the City reduce the cash escrow being held for the Adelaide Landing 1st Addition to 40% of the original cash escrow in the amount of $171,000.00. Adoption of the Consent Agenda approved the cash escrow being held for the site grading in the Adelaide Landing Ist Addition be reduced to $68,400.00. Hugo City Council Meeting Minutes for January 8,2018 Page 7 of 11 Approve Reduction in the Letter of Credit for the Excelsior Group for Adelaide Landing Phase 1 Street and Utilities The Excelsior Group, developer, had requested the City reduce the letter of credit being held for the Adelaide Landing 1St Addition to 59% of the original letter of credit amount of$2,979,798. Adoption of the Consent Agenda approved the letter of credit being held for the constructed improvements be reduced to $1,758,080.82. Approve Lawful Gambling Exempt Permit for Church of St. Genevieve for Fish Fry on March 23, 2018 The Church of St. Genevieve had requested approval of a Lawful Gambling Exempt Permit for their annual fish fry to be held on March 23, 2018.Adoption of the Consent Agenda approved the Lawful Gambling Permit for Church of St. Genevieve. Approve Extension of Temporary Employment for History Intern Olivia Schiffman At its May 15, 2017, meeting, Council approved the hiring of Olivia Schiffman as a History Intern. Olivia had been assisting the Historical Commission in the organization of historical data and researching the history of the Hopkins Schoolhouse in preparation of making a recommendation on its future. Adoption of the Consent Agenda approved a six-month extension for History Intern Olivia Schiffman. Public Hearing on Vacation of Ponding and Flowage Easement for Rock Ridge, LLC Rock Ridge, LLC, had requested a vacation of the existing ponding and flowage easement over property generally located north of 157th Street and east of TH 61. Community Development Assistant Rachel Leitz showed on a map where the easement was located and explained that it is believed the easement existed to accommodate FEMA floodplain information from 1982. The data was updated in 2010, and now only a small portion of the property is in the floodplain. When the property develops, new drainage and utility easements will be placed on the property. Mayor Weidt opened the public hearing. There were no comments, and Weidt closed the public hearing. Petryk made motion, Miron seconded, to approve the notice to vacate the ponding and flowage easement over property generally located north of 157th Street and east of TH61. All ayes. Motion carried. Update on the White Bear Lake Lawsuit City Administrator Bryan Bear provided background on the lawsuit between White Bear Lake Restoration Association and Homeowners Association versus DNR. The City of White Bear Lake and White Bear Township had intervened on the side of the DNR. There was an order by Judge Margaret Marrinan on August 29, 2017, and a temporary stay of the order granted on December 18, 2017. A hearing was scheduled for January 26, 2018 to consider motions related to the order. The DNR had announced their intention to appeal the ruling, and it would go to the court of appeals sometime this summer. Hugo City Council Meeting Minutes for January 8,2018 Page 8 of 11 Bear explained the order basically stated the DNR allowed White Bear Lake to drain by excessive pumping and instructed the DNR to prohibit new appropriation permits, review existing permits, and analyze impacts of all permits. He stated it was important to understand that the order applies only to the DNR, and there had been no direction given to the City. He showed the five mile radius line that is referenced in the order, and noted that Hugo's entire water system is impacted. Bear spoke about the negative impacts of not being able to obtain appropriation permits that are needed for construction de-watering, citing the Adelaide Landing Development as one example, who had since reapplied for a permit during the temporary stay. Bear talked about sustainability and the order's requirement to develop contingency plans for conversion to surface water supply which, by the order, is required to be done by August 29, 2018. Hugo has no viable surface water source for total replacement, and has already completed a partial conversion by reusing stormwater. He also talked about the order's residential irrigation ban that will be in effect until the lake is above the 924 elevation. Bear felt it was not practical and could be counter-productive. There were also limits placed in the order for water use per capita. Historically, Hugo has been below those thresholds. Bear compared the new DNR transient model with the stormwater model used by the USGS. He explained the transient model identified permits that impact the lake level the most, and it suggested there are other factors. Irrigation was not shown to be a meaningful factor, nor was Hugo's water use. Bear presented a list of appropriation permits said to have impacted the lake, and Hugo's permit was low on that list. In Bear's opinion, the more the City learns, the more convinced he is that Hugo has no impact on the water level of the lake. He concluded by saying the City should keep doing what it is doing, and staff was not requesting the Council take any action at this time. He also suggested considering whether there is a legislative solution to remove Hugo from any part of the action. Council had questions on the allowed 90 gallons per capita per day, and asked Bear to explain the impacts of an irrigation ban. Council also questioned what is meant by "sustainable". Bear stated there had been significant discussions on sustainability but is not as clear as it should be to impose a sustainability standard. Snyder reviewed what was done by the trial court judge in 2014 and the decision Hugo made to not intervene in the lawsuit because it was felt scientific questions should be answered by scientists and engineers, not lawyers. The City was already implementing water conservation measures. The order could now go to the Court of Appeals, and Snyder anticipated that in the future,the City may again be asked if it wants to participate in the lawsuit. Snyder stated he felt that, to the extent there is allegation that municipal pumping affects ground water, wells to the south are shown to have far more impact than Hugo's wells. Council asked about the review of the order, and Snyder explained the process saying that the trial court makes a ruling, and if the party is not satisfied, they can bring back to the trial court and ask them to reconsider. If they do not make a change, it can be brought before the court of appeals for a broader ruling. It was Snyder's belief the trial court would address the grievous demands in the order, but fundamental problems may remain. Hugo City Council Meeting Minutes for January 8,2018 Page 9 of 11 Schwieters Concept Plan Planner Rachel Juba presented a sketch plan for Schwieters Properties, LLP, for a site located on the southwest corner of 140th Street and Fenway Boulevard. The proposed industrial development would include a 108,000 square foot manufacturing building, with associated outdoor storage, a 45,000 square foot warehouse building, a 17,000 square foot office building, and a 13,000 square foot office building. Development of this site would allow them to expand into the manufacturing of floor panels and roof trusses. The property totals approximately 30 acres with 11 acres of wetland throughout the site. The property is zoned Business Park(BP) and is guided as Business Park(BP) in 2030 Comprehensive Plan. Juba reviewed with Council the campus style layout showing where the buildings and parking would be and explaining how development of the site would be phased. The access to the site would be on the unimproved portion of 140th Street, and cost sharing for the improvements would need further evaluation. She talked about the applicants need for exterior storage, which is allowed in the Business Park zoning district; however, it excludes the raw material. She explained that staff felt there was little distinction between the raw and finished projects in this case. A zoning code amendment would need to be done to allow this exterior storage and it would only be allowed by a Conditional Use Permit, which would give the City some discretion. Juba reviewed the comments from the EDA and Planning Commission stating they were both comfortable with the plan and exterior storage. Juba asked Council to provide feedback on the project. Petryk asked about the raw material storage and questioned if the zoning amendment would go along with the property should it be sold. Juba replied it would run with the land, and the amendment needed to be written to consider what was allowed in the zoning district. Mayor Weidt invited the applicants to speak. Mike Brass from Colliers International stated he was the commercial broker representing the Schwieters, and he introduced Eli Rupnow from AMI Engineering, and Mark Wenzel from 292 Design. He also recognized Pat and Blake Schwieters and Brenda Kunkel from Schwieters Properties, who were in the audience. Wenzel talked about the plans and process explaining the screening, truck traffic, and future development of the office buildings. He said they had met the neighbors to the north who conveyed they wanted to make sure it was safe for pedestrians. Brass talked about delivery of raw materials, pickup of the final product, building locations, wetlands, and screening. Miron said he appreciated the consideration to the neighbors to the north and efforts to screen. He asked about the parking spaces and employment impacts. Brass replied there would be roughly 100 employees at full manufacturing and parking would accommodate both shifts at the same time. Miron stated he was in favor of the zoning amendment and appreciated staff's attention to making sure the appropriate language was in place. Petryk asked about use of the rail line, since the track has been improved. Blake Schwieters stated they would be utilizing the rail more frequently to bring in the raw materials, and manufactured products would mostly be moved by truck. Haas had no questions and stated he fully supported the project. Hugo City Council Meeting Minutes for January 8,2018 Page 10 of 11 Weidt stated he appreciated their presentation to the EDA and looked forward to the project moving forward. Klein stated he was also part of the EDA review, and he fully supported the project. Update on the Yellow Ribbon Network Council Member Chuck Haas and Phil Klein reported on the Yellow Ribbon Network activities held recently. Haas asked anyone with an address of a deployed service member to forward it to the YRN, and they would send a care package. March care packages will contain donated Girl Scout cookies. The YRN worked with the Family Assistance Center to get a local family a grant for $2,500 for needed medical cost. This month Burger Night sponsor is Lake Area Bank. Schedule Hugo Fire Department Annual Awards Dinner for Saturday,January 20, 2018 City Administrator Bryan Bear informed Council they had been invited to attend the Hugo Fire Department Annual Awards Dinner on Saturday, January 20, 2018. The event was scheduled to be held at the Hugo American Legion beginning with social hour at 5 p.m. Klein made motion, Petryk seconded, to schedule a meeting to attend the Fire Department Annual Dinner on January 20, 2018 at 5 p.m. All Ayes. Motion carried. Reminder of Council Goal Setting Workshop on Mondav, January 29, 2018 City Administrator Bryan Bear reminded Council of their annual Goal Setting Workshop for Monday, January 29, 2018. The meeting was scheduled to take place in the Council Chambers at 7 p.m. Schedule Retirement Reception for Steve Duff on Tuesday,January 30, 2018 At its October 16, 2017, meeting, Council approved the retirement of Senior Engineering Technician Steve Duff effective January 31, 2017. Staff recommended Council hold the retirement party for Steve on Tuesday, January 30, 2018, from 2-4 p.m. in the Oneka Room at City Hall. Miron made motion, Klein seconded, to schedule the retirement reception for Steve Duff on Tuesday, January 30, 2018, from 2-4 p.m. All Ayes. Motion carried. Executive Session Mayor Weidt added an executive session to the meeting during the approval of the agenda. Weidt indicated he was comfortable with the earlier discussion on the White Bear Lake lawsuit and felt the executive session was unnecessary at this time. Hugo City Council Meeting Minutes for January 8,2018 Page 11 of 11 Weidt made motion, Miron seconded, to table the executive session. All Ayes. Motion carried. Adiournment Klein made motion, Miron seconded, to adjourn at 8:27 p.m. All Ayes. Motion carried. Respectfully Submitted, Michele Lindau City Clerk