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HomeMy WebLinkAbout2018.03.05 CC Minute CITY of MINUTES HUGO CITY COUNCIL MEETING t: EST. 1906 HUGO CITY HALL •. • 00 14669 Fitzgerald Avenue North•Hugo,MN 55038 MONDAY,MARCH 5,2018—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, Community Development Assistant Rachel Leitz, Parks Planner Shayla Denaway, and City Clerk Michele Lindau Minutes for the February 5, 2018 City Council Meeting Klein made motion, Petryk seconded, to approve the minutes for the February 5, 2018, City Council meeting as presented. All Ayes. Motion carried. Minutes for the February 26, 2018 Comprehensive Plan Workshop Petryk made motion, Klein seconded, to approve the minutes for the February 26, 2018, Comprehensive Plan Workshop as presented. All Ayes. Motion carried. Minutes for the February 27, 2018 HBA Breakfast/State of the City Address Miron made motion, Klein seconded, to approve the minutes for the February 27, 2018, Hugo Business Association Breakfast/State of the City Address as presented. All Ayes. Motion carried. Approval of the Agenda Weidt made motion, Klein seconded, to approve the agenda as presented. All Ayes. Motion carried. Building Department Annual Report—Rachel Leitz Community Development Assistant Rachel Leitz presented the 2017 Building Department Annual Report to the Council. Rachel reviewed the number of planning applications, building permits, and inspections done by the Building Department. She provided data on population Hugo City Council Meeting Minutes for March 5,2018 Page 2 of 10 estimates and explained there was currently 340 residential lots available to be built on. Nine residential projects and seven non-residential projects were approved in 2017. She talked about foreclosures, which were down to 21 from a high in 2010 at 161 foreclosed homes. She concluded by talking about upcoming development projects. Approval of the Consent Agenda Miron made motion, Klein seconded, to approve the following Consent Agenda items: 1. Approval of Claims 2. Approve Performance Review for Building Department Secretary Debi Close 3. Approve Purchase of Crew Cab Pickup Truck for the Hugo Fire Department 4. Approve Sale of Public Works Vehicle #102-07 5. Approve Sale of Public Works Vehicle #106-02 6. Approve the Renewal of CUP for Lametti and Sons 7. Approve JPA with Washington County for BoldPlanning Software 8. Approve Utility Agreement with Excelsior Group for Adelaide Landing 9. Approve Leave of Absence for Firefighter Adam Sauerwein 10. Approve Promotion of Firefighter Brian Kindelberger to Lieutenant All Ayes. Motion carried. Approval of Claims Adoption of the Consent Agenda approved the Claims Roster as presented. Approve Performance Review for Building Department Secretary Debi Close Debi Close was hired as the City's Building Department Secretary on March 20, 2006. For the past twelve years, Debi has performed customer service duties both at the front counter and on the telephone scheduling inspections with contractors. Debi also works as the secretary to the Parks and Recreation Commission. Adoption of the Consent Agenda approved the annual performance review for Building Department Receptionist Debi Close. Approve Purchase of Crew Cab Pickup Truck for the Hugo Fire Department Included in the City's 2018, budget was funding for a truck for the Fire Department to replace the 2006 Chevy Silverado, which was the assistant chief s vehicle. This vehicle was used to respond to calls and attend meetings. The 2006 Silverado would replace the 2006 Ford Expedition which would then be sold. The value of the Expedition was approximately $4,200. The truck to be purchased was a 2018 F-150 4x4 Crew Cab from Midway Ford through the Cooperative Purchasing Venture at a price of$39,682.76 plus tax and licensing. An additional $14,000 would be needed to get the vehicle ready for use. Adoption of the Consent Agenda Hugo City Council Meeting Minutes for March 5,2018 Page 3 of 10 approved the purchase of the 2018 F-150 4x4 Crew Cab. Approve Sale of Public Works Vehicle #102-07 Staff recently held a sealed bid process for the sale of the 2007 Chevrolet 2500HD pickup truck that was recently replaced in the Public Works Department. A high bid of$11,000 was submitted by Tony Longville of White Bear Lake, MN. A minimum bid reserve of$9,000 was placed on the truck. Adoption of the Consent Agenda approved the sale of the 2007 Chevrolet 2500HD truck#102-07 to Tony Longville in the amount of$11,000. Approve Sale of Public Works Vehicle #106-02 Staff recently held a sealed bid process for the sale of the 2002 Chevrolet 2500 pickup truck that was replaced in the Public Works Department. A high bid of$5,501 was submitted by Pete Nelson of Circle Pines, MN. A minimum bid reserve of$3,500 was placed on the truck. Adoption of the Consent Agenda approved the sale of the 2002 Chevrolet 2500 truck 9106-02 to Pete Nelson in the amount of$5,501. Approve the Renewal of CUP for Lametti and Sons At its January 2, 2007, meeting, the City Council approved a Conditional Use Permit (CUP) for Lametti& Sons, Inc. for interior and exterior storage of material and equipment and processing of cured-in-place pipe. Condition 912 of the permit stated that the CUP shall be review every five years from the date of issuance. Staff had visited the property on January 29, 2018, and was not aware of any violations of the existing CUP. At its February 22, 2018, meeting, the Planning Commission considered and recommended approval of the Conditional Use Permit (CUP) review for Lametti& Sons, Inc. Adoption of the Consent Agenda approved the CUP review for Lametti and Sons. Approve JPA with Washington County for BoldPlanning Software Washington County Emergency Management had requested Hugo be a part of the BoldPlanning program, which is software available to cities and townships that were interested in utilizing the cloud-based system for their Emergency Operations Plan (EOP) and/or Continuity of Operations Plan(COOP). The County had received grant funding to pay for the annual maintenance fee and initial training on BoldPlanning_ This cloud-based system would make it easier to keep plans updated and available to those who needed access. Washington County approved the Joint Powers Agreement at their February 27, 2018 meeting. Adoption of the Consent Agenda approved the JPA with Washington County for access to and utilization of BoldPlanning software. Approve Utility Agreement with Excelsior Group for Adelaide Landing Excelsior Group, LLC, had revised their utility plans for the first phase of Adelaide Landing. The revised plans showed utilities outside of the right-of-way and platted lots within the first phase of Adelaide Landing. The utilities were shown in Outlot A, Adelaide Landing, where a drainage and utility easement existed and it is owned by the developer. The location of the line would be Hugo City Council Meeting Minutes for March 5,2018 Page 4 of 10 absorbed into the second phase of Adelaide Landing within the right-of-way of 131St Street North. A new agreement was required because it was not part of the development agreement or letter of credit for Adelaide Landing. Adoption of the Consent Agenda approved the utility agreement for Adelaide Landing, subject to review by the City Attorney. Approve Leave of Absence for Firefighter Adam Sauerwein Hugo Firefighter Adam Sauerwein had requested a four-month leave of absence. Adoption of the Consent Agenda approved the leave of absence for Adam Sauerwein effective February 18, 2018, to June 18, 2018. Approve Promotion of Firefighter Brian Kindelberger to Lieutenant Fire Chief Kevin Colvard had selected Firefighter Brian Kindelberger to be promoted to Lieutenant on the Hugo Fire Department. Adoption of the Consent Agenda approved the promotion of Brian Kindelberger effective March 1, 2018. Public Hearing on Oneka/Harrow Street Improvement Project At its February 5, 2018, meeting, Council accepted the Feasibility Study and scheduled a public hearing to consider improvements to Oneka Lake Boulevard from Goodview Avenue to Harrow Avenue North, Harrow Avenue from Oneka Lake Boulevard to 165th Street, and 157th Street from Harrow Avenue to 300 feet east. Notice had been sent to all property owners that would be assessed. Mark Erichson provided background, explained the proposed improvements, and presented the two options for the width of the roadway. He also talked about the extension of water and sewer service as identified in the Comprehensive Plan. He estimated the project cost to be $1,290,000 for 26' wide streets and $294,000 for utility costs. He explained the City's assessment policy highlighting the set cost of$3,400 per unit, prorated amount for corner lots, options for payment, and senior citizen deferral. He concluded by presenting the proposed schedule showing construction June—October, 2018, and the assessment hearing in September, 2018. Erichson recommended Council hold the public hearing and approve the resolution ordering the preparation of plans and specifications for the improvements. Mayor Weidt opened the public hearing. Gary Weber, 7222 Oneka Lake Boulevard North, asked about deferred assessments and whether the plan included sidewalks or bike trails. Erichson explained the assessment and the option to widen the road for bikes and pedestrians. Robert Opatrny, 6451 150th Street North, talked about the homes with their backyards facing the road and said he doesn't agree the project benefited them. He stated he works for MNDot and felt the proposed repairs unnecessary. He talked about the City developing the vacant land and how the City was asking them to pay for it. Weidt recalled when Oneka Boulevard was improved, the neighbors being assessed at that time complained about how the traffic in Opatrny's development (Sweet Grass Meadows) had caused the road to deteriorate. Weidt pointed out that Sweet Grass Meadows residents were not assessed for those improvements. Erichson explained to Opantrny he would be paying for only half an assessment and would pay Hugo City Council Meeting Minutes for March 5,2018 Page 5 of 10 the other half if, and when, 150th Street was improved. This was according to the City's Assessment Policy. John Salverda, 6381 150th Street North, said he felt they were being lumped in to help pay for less densely populated areas. He talked about a lawsuit, which he stated would cost the City more than the assessments. Snyder talked about the overall cost and the small fraction that was being assessed, stating that the City had the ability to assess up to 100% of the project cost, but chose to adopt an Assessment Policy to maintain consistency. Salverda said he lived in his home for 18 years and only used that road when they were making repairs to Oneka. He has no access to the road. Opatrny said the road was a low use road and in good enough shape. He said the developers should pay for the utilities. Weidt responded that the property owners could opt to pay for it to be done now while the road was being improved. Erichson had explained only the property owners benefiting from the utilities would be assessed 100 percent if they chose to move forward. Jesse Fiddle, 6465 150th Street North, questioned the water and sewer extension and how many properties were affected. Erichson explained there would be multiple street assessments based on the number of buildable lots according to current zoning. Extension of sewer and water would be assessed only to benefiting property owners. Weidt added that it made sense to put in the utilities while the road was torn up, and the land owners have the option to have that done and pay for it. Gary Weber asked about the MUSA line and whether he would receive one or multiple assessments. Erichson explained he was located outside the MUSA where zoning allowed one unit per ten acres. James Weber, 16140 Harrow Avenue North, asked about the $3,400 assessment and questioned how many years it would be spread out. He also questioned whether a lift station was necessary for sewage. Erichson informed him the assessment would be spread out over 10 years and include interest. He explained there had been no grading plans done but there seemed to be adequate depth, so it was unlikely a lift station would be necessary. James also stated the curve needed to be "relaxed". Nick Forchette, 16210 Harrow Avenue North, asked about the MUSA and questioned how long the improvements would last during the freeze thaw cycles. Erichson explained soil borings had been done every 500 feet, and it would be evaluated further during the design process. Forchette asked about the value of widening the road. Erichson explained that, during the neighborhood meetings, a trail potential was discussed, but there was no interest. There were concerns regarding the safety of bikes and pedestrians, and it was felt this could be addressed by paving the shoulders of the streets. Weber asked about the interest rate, and Erichson explained it was between 4-4.5 %. Hugo City Council Meeting Minutes for March 5,2018 Page 6 of 10 Richard Graves, 6822 Oneka Lake Boulevard said, to put things into perspective, in 1978 or 1979 his mother paid $13,000 for road improvements. He said that road is not a low traffic area. He questioned the utility costs to the property owners and said he wanted nothing to do with that. He said a developer could pay, and he didn't care if they were going to tear up the road later. Erichson explained that the City does not upfront the costs for utility improvements, and if property owners don't do it done voluntary, the improvements would not be made. If they wanted it done, terms would be discussed and likely done through an agreement. Mark said it would make the property developable, and he explained how it is all factored into the price of each individual lot. Graves stated he would need to factor all that in. He thought the widening of the road was a good idea but didn't think the roads were in that bad condition. He talked about alcohol containers that he finds in the ditches and the snowmobilers on his private property. He is not in favor of paying for the utility extension. Fred Hummel, 7225 Oneka Lake Boulevard, commented on the existing condition of Oneka Lake Boulevard, and it was his opinion that the signs of road failure were premature. He asked what the soil boring showed and questioned the plan to just do reclamation and overlay_ He said it didn't seem like it would address the problems that might exist in some areas_ The wider width along Oneka Lake Boulevard would need a lot of fill in the deeper ditches. He was not sure he was in favor of the cost since it was unlikely you could get proper compaction. He would rather have improvements done now when interest rates and oil and construction costs are lower. He said it has been deteriorating badly during the past five years. His concern was the subbase and whether just doing reclamation was enough. Erichson responded that the soil borings do reflect a good amount of class five. They would be adding to that and it would be robust. Due diligence would be done during the design process for subgrade corrections. Joe Wewers, 15880 Harrow Avenue North, talked about how the shoulders have gone bad because there was no shoring of the blacktop. He recalled problems with the culvert on the north end of Harrow Avenue and stated that needed to be considered during engineering. He talked about the cracks and movement of the blacktop, and said if the road was being widened, it could be straightened out. He commented on the safety of bikers. Weidt closed the public hearing. Miron recalled there was a lot of conversations on the road width, and the same views were expressed at the neighborhood meetings. It was his hope that the increased road width would provide a better design. Klein stated those he spoke with at the meetings were in favor of moving forward with this project, and he understood some areas were not as degraded as others. Hugo City Council Meeting Minutes for March 5,2018 Page 7 of 10 Klein made motion, Miron seconded, to approve RESOLUTION 2018-3 ORDERING IMPROVEMENT AND ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE PROPOSED ONEKA LAKE BOULEVARD AND HARROW AVENUE STREET IMPROVEMENT PROJECT. Klein said that there would be additional discussions with residents to ensure the project is satisfactory, and the extension of utilities would not move forward unless it is approved by the property owners. Petryk stated she was in favor of voting for the resolution, and it was important for property owners to realize it could be more expensive in the future. It needed to be done as economically as possible. Weidt said he understood concerns of the property owners who do not drive down the road, but they use other roads in the community. It needs to be looked at as part of the network. Improvements add to the value of the neighborhoods and communities. It's not always perfect but the policy has served the City well. Ayes: Klein, Petryk, Miron, Haas, Weidt Nays: None Motion carried. Weidt called for a short recess. And resumed the meeting at 8:46 Update on White Bear Lake Litigation and Ramsey County District Court Order Bear provided a short background and explained the most recent permit conditions that had been applied to the City's appropriations permits by the DNR. Impacted permits are the City's own water supply system, Hanifl Fields Athletic Park, Twin Pines Mobile Home Park, and the Oneka Ridge Golf Couse. There is a 30-day appeal window on these permit conditions, and all permits within five miles of the lake are subject to this. Conditions added to all permits were to create a plan to phase down per-capita water use, report on collaborative efforts, and implement a residential irrigation ban. A condition that applied only to the City's water supply permit was submittal of a plan to convert to surface water, which could be considered done since Hugo has already converted to partial stormwater. A plan to phase down per-capita water use was due by August 29, 2018. Bear pointed out that it would be difficult to measure per-capita use at the Hanifl Fields and the golf course and he questioned what this really meant. It was his opinion that the per-capita day water limits would not be a conservation measurement, but a behavior tracking tool with a formula that encourages more residents and high density apartments. The City was below the thresholds, but one non- residential use could put the City out of compliance with the formulas. Bear felt the City's conservation methods are more effective. He talked about the requirement to collaborate with others and the difficulty in sharing with cities such as Centerville, who would be impacted by the lawsuit if they shared water with Hugo. Bear presented some options for the Council to Hugo City Council Meeting Minutes for March 5,2018 Page 8 of 10 consider. With little effort, a simple plan could be drafted to meet the conditions to convert to surface water, phase per-capita water use, and collaborate with others. Bear elaborated on what he felt was the hardest condition for the City to comply with; implementing a residential irrigation ban that would include an enforceable mechanism. The City could expect widespread non-compliance, and there was a fairness issue. He felt the ban is arbitrary and will bring up questions that are unanswerable. He explained the City was required to provide erosion control according to its SWWP, and to that, the City will need to irrigate. The language is full of loopholes and encourages drilling of small private wells. A watering ban would make no difference in the impact of White Bear Lake since the latest science showed that Hugo's permits have no impact. Additionally, the City's has an ongoing strategy to eliminate the largest non-residential irrigators from the groundwater supply by using stormwater, but Hugo gets no credit for it, and there is no incentive to keep doing the work the City has done. In Bear's opinion, the order and permit conditions were full of unintended consequences. Bear explained there was an option to appeal the permit conditions by requesting a contested case hearing. This would be the only chance to argue the appropriations permit language, and delay implementation of the irrigation ban while the trial proceeds. If the City ignored the permit conditions, there were a lot of unknowns. If found in violation, it could argue the enforcement action, but not challenge the permit conditions. The City could comply with it by writing an ordinance to ban irrigation that would set up future conflicts between the City and residents. He concluded by saying if the City chooses to appeal the permit amendments, it needed to be done before March 30. The Council asked questions regarding an appeal, and City Attorney Dave Snyder responded by reviewing the three options. He said he was not inclined to recommend that the City appeal. The permit conditions could be overturned at the appellate level since they are not the product of agency decision making but instead judicial. The prospect of cleaning up the mess is more appealing and more likely than a victory on the merits. Council also questioned whether Hugo should work with other cities. Snyder responded that it is likely other cities will be appealing, but if Hugo did not appeal and other cities did and won, Hugo could not expect relief under its own permit. There was discussion about the DNR's role in this. If the DNR really wanted these conditions, they would have imposed them a long time ago. This could help the DNR's appeal since enforcing these conditions could cause a public relations nightmare that would fall back on the plaintiffs. The Council talked about the time and effort given to this lawsuit already knowing the City is being responsible in water reuse and conservation. They realized the City has a responsibility to the residents but did not want to be brought into the DNR's appeal process. Council questioned Snyder on what he felt an administrative law judge would rule on. Snyder explained the court would need to decide whether the DNR can impose it and whether or not is it arbitrary, capricious, or irrational. There may be the possibility of delaying it with the appellate process while the case works its way through the Court of Appeals. If the permit conditions are not appealed and finalized, the question of enforcement is not really challengeable. Hugo City Council Meeting Minutes for March 5,2018 Page 9 of 10 Council talked about current compliance and how the City could put forth the presentation that it had already met all the permit conditions. This would then require action from the DNR, which could bide time through the fall into 2019. Council also felt it would be easy to show an appellate judge that Hugo had been arbitrarily brought into this. Council questioned whether the City would have to be doing anything during an appeal process. Snyder replied that the appeal alone would not freeze the permit conditions, but stipulation or an agreement during the appeal or a motion to accomplish that would do it. There would be a question of cost based on how aggressively they City challenges the merits of the permit conditions. If the decision is to wait, it may result in the correction of some things, but if doing nothing does not result in changes, the Council would be the recipient of that reality. Snyder stated that an appeal, if formed, would be on the watering ban and maybe the per-capita limitations. Council indicated they were not excited to appeal, and have done things with the hope that sensibility and reasoning would be applied at some point during this process. They acknowledged that if the City does not challenge the conditions, it may lose the right to have the conversation. Miron made motion, Petryk seconded, to direct staff to prepare for an appeal and bring back a final recommendation at the next Council meeting and be prepared to enter into executive session. All Ayes. Motion carried. Update on Park Upgrades At its meeting of February 21, 2018, the Parks Commission recommended that improvements be made at Arbre Park, Frog Hollow Park, Heritage Ponds Park, and Val Jean Park. The Parks Commission included $50,000 in the Parks Capital Improvement Plan for park upgrades in 2018. Upgrades would include replacing over grown landscaping, adding benches, planting additional shade trees, and replacing damaged playground components. Parks Planner Shayla Denaway outlined the projects, estimated costs, and timelines for the neighborhood park improvements, with the work being done by the Public Works Department. The Parks Commission also discussed master planning Clearwater Creek Preserve, a 120-acre community park that is largely unimproved except for a 1/2 mile wood chip trail that has fallen into disrepair over the past two summers due to the wet conditions of the property. An active living grant application for $15,000 to master plan Clearwater Creek Preserve had been submitted to Living Healthy Washington County, and a master plan would include a wetland delineation and identify possible locations for trails. Weidt talked about an email he received regarding the condition of the playground equipment at Lions Park. Council generally agreed it needed to be considered for future repairs. Petryk made motion, seconded by Haas, to approve the repairs to the four parks not to exceed $50,000. Hugo City Council Meeting Minutes for March 5,2018 Page 10 of 10 All Ayes. Motion carried. Discussion on Waste Water Reuse Council Member Klein had requested discussion of the Metropolitan Council's proposed amendments to the Water Resources Policy Plan related to wastewater reuse. Due to time constraints, Weidt made motion, Miron seconded, to table the discussion until the next Hugo City Council meeting on March 19, 2018 Update on the Yellow Ribbon Network Due to time constraints, Weidt made motion, Miron seconded, to table the Yellow Ribbon Update until the next Hugo City Council meeting on March 19, 2018. All Ayes. Motion carried. Hugo Good Neighbors Food Shelf Comedy Show on Friday March 9, 2018 City Administrator Bryan Bear informed the Council the Hugo Good Neighbors Food Shelf will sponsor their 4a'Annual Comedy show on Friday, March 9, 2018, at 8 p.m. at Running Aces in Columbus, MN. Proceeds from the event will go to support the Food Shelf. Dementia-Friendly Communities Presentation on Tuesday,March 6, 2018 City Administrator Bryan Bear informed the Council the Consortium Lake Area Senior Services is holding a community conversation on creating dementia friendly communities. This will be held on Tuesday, March 6, 2018, at 1-2 p.m. at Hugo City Hall in the Oneka Room. Adiourn Miron made motion, Klein seconded to adjourn at 9:59 p.m. All Ayes. Motion carried. Respectfully Submitted, Michele Lindau City Clerk