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HomeMy WebLinkAbout2018.05.07 CC Minutes 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, Planner Rachel Juba, and City Clerk Michele Lindau Moment of Silence for Sergeant Joe Bergeron The Mayor called for a moment of silence to remember Hugo resident and Maplewood Police Sergeant Joe Bergeron who was killed in the line of duty eight years ago while responding to a carjacking. Moment of Silence for Former City Assessor Frank Langer The Mayor called for a moment of silence to remember former City Assessor Frank Langer who passed away on April 30, 2018, after a battle with cancer. Frank was Hugo’s assessor from 1979 to 2015. He was 75 years old. Minutes for the April 11, 2018 Street Project Open House Klein made motion, Miron seconded, to approve the minutes for the Oneka Lake Boulevard and Harrow Avenue street project open house on April 11, 2018, as presented. All Ayes. Motion carried. Minutes for the April 12, 2018 Local Board of Appeals and Equalization Miron made motion, Klein seconded, to approve the minutes for the Local Board of Appeals and Equalization meeting held on April 12, 2018, as presented. All Ayes. Motion carried. Minutes for the April 16, 2018 City Council Meeting Klein made motion, Miron seconded, to approve the minutes for the City Council meeting held on April 16, 2018, as presented. All Ayes. Motion carried. Minutes HUGO CITY COUNCIL MEETING HUGO CITY HALL MONDAY, MAY 7, 2018 – 7 P.M. Hugo City Council Meeting Minutes for May 7, 2018 Page 2 of 9 Minutes for the April 28, 2018 Dedication Ceremony for Homes for Habitat Petryk made motion, Klein seconded, to approve the minutes for the dedication ceremony for Homes for Habitat held on April 28, 2018, as presented. All Ayes. Motion carried. Minutes for the April 28, 2018 Kidz ‘n Biz Festival Miron made motion, Klein seconded, to approve the minutes for the Kidz ‘n Biz festival held on April 28, 2018, as presented. All Ayes. Motion carried. Approval of the Agenda Weidt made motion, Miron seconded, to approve the agenda as amended by staff to add approval of an off -site gambling permit for bingo and a fireworks permit for Good Neighbor Days. All Ayes. Motion carried. Good Neighbor Days – Lions Members Dan Balthazor and Craig Tracy The Hugo Good Neighbor Days Festival will be held Thursday, June 7th - Sunday, June 10th in Lions Park. Lions Dan Balthazor and Craig Tracy were in attendance to provide information on the event and request the City co-sponsor the event by waiving the Special Event Permit fee and provide presence of the Washington County Sheriff’s Office deputies during the event, as in the past. Dan and Craig explained the Lions Club will run the event similar to past years to include a parade, music, food, beer garden, petting zoo, carnival rides, trout pond, and fireworks. On Saturday morning a Technicolor Run will be held by the Children’s Theater, and there will be bands on Friday and Saturday night. The theme this year is “Wind, Weather, We Stand Together” to commemorate the 10th anniversary of the Hugo tornado. This is the 42nd year of Good Neighbor Days, and the Council thanked the Lions for all they do for the community. Miron made motion, Klein seconded, to approve the co-sponsorship of the Hugo Good Neighbor Days Festival on June 7-10, 2018. All Ayes. Motion carried. Approval of the Consent Agenda Haas made motion, Klein seconded, to approve the following Consent Agenda: 1. Approval of Claims 2. Approve Annual Performance Review for Parks Planner Shayla Denaway 3. Approve Special Event Permit for Blue Heron Grill Tent Party on June 22 and 23, 2018 Hugo City Council Meeting Minutes for May 7, 2018 Page 3 of 9 4. Approve Special Event Permit for MS150 Bike Tour on June 10, 2018 5. Approve Special Event Permit for Technicolor Fun Run on June 9, 2018 6. Approve Agreement with Elavon for Credit Card Merchant Account 7. Approve Hiring of Public Works Seasonal Employees 8. Approve Final Plat and Development Agreement for Adelaide Landing 2nd Addition 9. Approve Temporary On-sale Liquor License for the Lions Club for Good Neighbor Days 10. Approve Resolution Approving the Pursuance of Agreement with MnDOT for Improvements to the TH61/170th Intersection Landscaping 11. Approve Resolution and Master Partnership Agreement with MnDOT 12. Approve Off-Site Gambling Permit for Hugo Lions for Good Neighbor Days Bingo 13. Approve Permit for Fireworks at Good Neighbor Days. All Ayes. Motion carried Approval of Claims Adoption of the Consent Agenda approved the Claims Roster as presented. Approve Annual Performance Review for Parks Planner Shayla Denaway Shayla Denaway was hired on May 11, 2009, as the Economic Development/Parks Intern. On May 3, 2010, Council approved promoting Shayla as the new Parks Planner. Adoption of the Consent Agenda approved the annual performance review for Parks Planner Shayla Denaway Approve Special Event Permit for Blue Heron Grill Tent Party on June 22 and 23, 2018 The Blue Heron Bar and Grill, 14725 Victor Hugo Boulevard, had applied for a Special Event Permit for their annual outdoor tent party to be held on Friday, June 22 and Saturday, June 23, 2018. A Special Event Permit approved by Council was necessary because alcohol will be sold outdoors, over 200 people are expected to attend, it will extend after dark, and there will be amplified music. Bands were scheduled to play from 6-8 p.m. and 9-midnight on each day. The music would be outdoors in a tent adjacent to the west entrance of the building. This event had been held for the past five years with improvements made each year. Adoption of the Consent Agenda approved the Special Event Permit for the Blue Heron Grill Tent Party subject to the conditions in the memo to Council. Approve Special Event Permit for MS150 Bike Tour on June 10, 2018 The MS Society had applied for a Special Event Permit for their annual bicycle event. This required a permit because there will be between 3,500-4,000 riders, and trails and streets in Hugo will be used. The MS150 is a fundraising event where riders begin in Duluth and ride to Century College in White Bear Lake. The event will be held on June 9-10, 2018. On the second day, riders will be traveling south through Hugo on the Hardwood Creek Trail and the shoulder of TH61 between 10:00 a.m. and 4:30 p.m. MS150 had contacted the Hugo Fire Department who Hugo City Council Meeting Minutes for May 7, 2018 Page 4 of 9 will be helping with first aid at the Bald Eagle Lake rest stop, and the Washington County Sheriff’s Office had been notified. The MS150 had been held successfully for the past several years. Adoption of the Consent Agenda approved the Special Event Permit for the MS150 on June 10, 2018. Approve Special Event Permit for Technicolor Fun Run on June 9, 2018 Children’s Performing Arts had submitted a Special Event Permit application for approval of a 5K Technicolor Run on Saturday, June 9, 2018. This event required a Special Event Permit approved by Council because the event could draw over 200 participants and would include the use of City property and trails. The Technicolor Run is a fund-raising community event that will take place on the Hardwood Creek Trail and begin and end at Lions Park. This Color Run was being held in conjunction with Hugo Good Neighbor Days, and the applicant had worked closely with the Lions Club on the details of the event. The run was anticipated to be concluded by 10:30 a.m. prior to the beginning of the Good Neighbor Days Parade at 11:00 a.m. Adoption of the Consent Agenda approved the Special Event Permit for the Technicolor Fun Run on June 9, 2018. Approve Agreement with Elavon for Credit Card Merchant Account City staff has been working on the implementation of the Accela software for online permitting and planning. As part of this program, residents, contractors, and developers will be able to apply online for building permits and planning applications and also submit payment for them online. Staff had been researching vendors for the acceptance of credit cards and has chosen Elavon for the credit card merchant account. Adoption of the Consent Agenda approved the agreement with Elavon as the vendor for online payments. Approve Hiring of Public Works Seasonal Employees At its February 5, 2018, meeting, Council approved the advertisement for seasonal employees in the Hugo Public Works Department. Employees in this positon would assist in maintaining the City’s park system, building grounds, road patching, and other work as needed. Staff had received applications, conducted interviews, and made a recommendation to Council. Adoption of the Consent Agenda approved the hiring of Marty Schwartz, Scott Marschke, Jack Menne, Roly Guareschi, and Kraig Pettee as Public Works Seasonal Summer Employees for 2018. Approve Final Plat and Development Agreement for Adelaide Landing 2nd Addition The Excelsior Group had requested approval of a final plat in order to plat 70 lots and 5 outlots on a 75 acre parcel located east of Highway 61 and north of 130th Street. The site was currently vacant. The City Council had reviewed the preliminary plat and PUD for Adelaide Landing at its May 1, 2017 meeting. At its October 2, 2017, meeting, the City Council approved the final plat for the first phase of the development consisting of 81 residential lots. This final plat request would plat 70 additional lots from the Adelaide Landing preliminary plat. The lots met the minimum lot standards and requirements outlined in the regulations for the Adelaide Landing PUD. Adoption of the Consent Agenda approved RESOLUTION 2018-7 APPROVING A FINAL PLAT AND DEVLEOPMENT AGREEMENT FOR OP5 ADELAIDE, LLC FOR ADELAIDE LANDING 2nd ADDITION. Hugo City Council Meeting Minutes for May 7, 2018 Page 5 of 9 Approve Temporary On-sale Liquor License for the Lions Club for Good Neighbor Days The Hugo Lions Club had applied for a temporary on-sale liquor license to serve beer and Bloody Marys at the Hugo Good Neighbor Days festival June 7-10, 2018. Adoption of the Consent Agenda approved the temporary on-sale liquor license subject to receipt of a certificate of liability insurance naming Hugo as additionally insured. Approve Resolution Approving the Pursuance of Agreement with MnDOT for Improvements to the TH61/170th Intersection Landscaping In 2013, improvements were made to the TH61/170th Street intersection to include a roundabout and center island. In 2017, improvements were made to mound the center island to meet original construction plans. The City also participated in the MnDOT Community Roadside Landscaping Partnership Program that provided technical and financial assistance of $10,000 to re-landscape the center island of the roundabout. The City and MnDOT were looking to continue to improve the roundabout for its users by landscaping the right-of-way approaching the roundabout. This would provide a visual cue for users that the road does not continue straight, and there is a traffic control improvement ahead. Adoption of the Consent Agenda approved RESOLUTION 2018-8 APPROVING THE PURSUANCE OF A COOPERATIVE AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR THE COMMUNITY ROADSIDE LANDSCAPING PARTNERSHIP PROGRAM. Approve Resolution and Master Partnership Agreement with MnDOT One of the comments received from MnDOT on the City of Hugo’s Oneka Lake Boulevard and Harrow Avenue project was that the City of Hugo needed to update the State of Minnesota and City of Hugo Master Partnership Contract. Both parties were identified as “road authorities” and this Master Services Contract allowed each party to enter into Work Order Contracts (if desired) for services from the other party to improve efficiency of delivering governmental services at all levels. The proposed Master Partnership Contract would expire on June 30, 2022. Adoption of the Consent Agenda approved the RESOLUTION NO. 2018-9 TO UPDATE THE MASTER PARTNERSHIP CONTRACT WITH THE MN DEPARTMENT OF TRANSPORTATION (MnDOT). Approve Off-Site Gambling Permit for Hugo Lions for Good Neighbor Days Bingo The Hugo American Legion had applied for an Off-Site Gambling Permit to conduct Bingo at Hugo Good Neighbor days on June 7-10 at Lions Park. Adoption of the Consent Agenda approved the Off-Site Gambling Permit. Approve Permit for Fireworks at Good Neighbor Days. The Hugo Lions Club had requested approval for fireworks as part of Good Neighbor Days. The display would be done by PC Pyrotechnics, Inc. on June 9, 2018 at 10 p.m. Adoption of the Consent Agenda approved fireworks for Good Neighbor Days on June 9, 2018. Hugo City Council Meeting Minutes for May 7, 2018 Page 6 of 9 Public Hearing on the Vacation of Drainage and Utility Easement Adelaide Landing Outlot A Excelsior Group had requested a vacation of the drainage and utility easement located over Outlot A, Adelaide Landing. Planner Rachel Juba explained that Outlot A would be used for the development of Adelaide Landing 2nd Addition, and new drainage and utility easements would be placed on the lots at the time the final plat was recorded. Weidt opened the public hearing. After receiving no comments, Weidt closed the public hearing. Haas made motion, Petryk seconded, to approve the notice to vacate the drainage and utility easement located over Outlot A, Adelaide Landing. All Ayes. Motion carried. Update on White Bear Lake Lawsuit City Administrator Bryan Bear gave background on the White Bear Lake Lawsuit, providing details on the judge’s ruling and appeals. As a result of the judge’s order the, the DNR added restrictions on the City’s appropriations permits. One condition appeared on the first amended permit, which was to provide contingency planning to convert to surface water. Three other conditions appeared on subsequent amended permits. The City appealed all four conditions at once; however the DNR did not accept the appeal on the first condition. The City then appealed the denial of that appeal. DNR informed all cities that a hearing will happen in front of an administrative law judge in the contested case hearing. Bear further explained there is bill being considered during the current legislation session to make it illegal for the judge to enforce the order. It has been put on a dual track in the House and Senate as standalone bills, and it is also part of the Omnibus Bills. The bill in the House was heard the following day, and the Senate will come later. It was Bear’s opinion that the standalone bills would pass, which was good since there was little guarantee the Omnibus Bill would. Miron questioned whether the DNR would still move forward with their appeal option. City Attorney Dave Snyder stated they would since the order contained other language of concern. Klein questioned whether the City would have to comply with the conditions in the order while waiting for the appeals. Bear replied they would be put on hold until the appeals are finished. Haas talked about the lawsuit being based on a particular section of law dealing with the environment and not the normal statutory rules under which the DNR assesses appropriation permits. It was his thought that the DNR may have troubles with this because it would open them up for other lawsuits. Snyder agreed and stated the DNR may have trouble with enforcing the conditions. He further spoke about how the lawsuit sought and received the extension of the doctrine that states the DNR is the trustee for water, foremost to preserve surface water for drinking, and the extension of this doctrine to underground water is open to question as is elevating the recreational factor of White Bear Lake over drinking water. Petryk voiced frustration based on the fact that Hugo has been a leader in water conservation and done many things in advance of this court situation it is not getting any credit for. Hugo City Council Meeting Minutes for May 7, 2018 Page 7 of 9 Approve Schwieters Properties LLP, Final Plat, Text Amendment, Site Plan, and CUP Schwieters Properties, LLP, had requested approval of a final plat to be known as “Roy Molitor 3rd Addition” to create one lot and one outlot at 13676 Fenway Boulevard North. Planner Rachel Juba explained the applicant was also requesting approval of a site plan for a 144,000 square foot manufacturing/warehouse building with associated parking and exterior storage, a Conditional Use Permit for the exterior storage and a Conditional Use Permit for a campus development to allow multiple buildings on one parcel. A zoning text amendment was also required for the exterior storage of raw lumber material stored outside that they will manufacture inside the building. She presented the plans that showed future phases that include additional buildings. Rachel explained the site plan was only for the manufacturing building, and future buildings would require a site plan application to go before the Planning Commission. Staff was still working with the applicant on screening for temporary storage until other building are built. The Planning Commission held a public hearing and considered these requests at their April 26, 2018, meeting. Residents expressed concerns regarding traffic, lighting, and noise. The applicant addressed those concerns and acknowledged there would be more traffic. The Planning Commission had recommended approval of the applications, subject to the conditions listed in the draft resolution, draft ordinance, and conditional use permits. Klein questioned the cost of putting in temporary screening that will be removed when future building are built. Juba explained that City Code requires exterior storage to be screened, and there is uncertainty when the other buildings will be built. Mike Brass from Colliers International and Blake Schwieters from JL Schwieters stated they were very excited to be expanding and growing their business in Hugo. Weidt talked about the improvements of the railroad and how it contributed to the expansion in the industrial park. The stated he appreciated Schwieter’s decision to stay and grow in Hugo. Haas thanked Schwieters for their generous donation of land for the Habitat for Homes in Hugo. Weidt granted the request from resident Donald Patrick Jones to speak. He stated he lived in the house just south of 140th Street in the Fenway Place townhomes. He said he realized the land was going to be developed and had no objections; however, he had concerns regarding noise, the four- foot berm, “jake braking”, and possible expansion of 140th to the north making reference to the pumping station, stating if the road was going to be widened, he would like it on the south side. Juba replied that the four-foot berm on the north side would be five to ten feet wide at the top with condensed plantings with evergreen trees that are six feet in height. She explained the work will be done inside of the buildings, and the overhead doors would be closed, but there may be sound from trucks outside. She stated there should be enough for expansion of the road, and the pump station will not be expanded. Petryk asked about the two buildings at the north, and Juba stated they were not for manufacturing, which will take place to the south. It was felt the berm would be sufficient since the buildings to the north will be offices, though Juba acknowledged there may be exterior storage behind the office/ware house buildings. Hugo City Council Meeting Minutes for May 7, 2018 Page 8 of 9 Weidt stated the City would work with the deputies to address the braking noise. Miron made motion, Klein seconded, to approve RESOLUTION 2018-10 APPROVING A FINAL PLAT FOR SCHWIETERS PROPERTIES LLP, FOR “ROY MOLITOR 3rd ADDITION” LOCATED SOUTH OF 140TH STREET AND WEST OF FENWAY BOULEVARD NORTH. All Ayes. Motion carried. Miron made motion, Petryk seconded, to approve ORDINANCE 2018-486 AMENDING CHAPTER 90, ARTICLE II, SECTION 90-106, BUSINESS PARK (BP). All Ayes. Motion carried. Petryk made motion, Klein seconded, to approve RESOLUTION 2018-11 APPROVING A CONDITIONAL USE PERMIT FOR SCHWIETERS PROPERTIES LLP, TO ALLOW A CAMPUS DEVELOPMENT ON THE PROPERTY LOCATED AT 13676 FENWAY BOULEVARD NORTH. All Ayes. Motion carried. Petryk made motion, Klein seconded, to approve RESOLUTION 2018-12 APPROVING A CONDITIONAL USE PERMIT FOR SCHWIETERS PROPERTIES LLP, TO ALLOW EXTERIOR STORAGE ON THE PROPERTY LOCATED AT 13676 FENWAY BOULEVARD NORTH. All Ayes. Motion carried. Haas made motion, Klein seconded, to approve RESOLUTION 2018-13 APPROVING A SITE PLAN FOR SCHWIETERS PROPERTIES, LLP, FOR A MANUFACTURING/ WAREOUSE BUILDING AND EXTERIOR STORAGE AREAS ON THE PROPERTY LOCATED AT 13676 FENWAY BOULEVARD NORTH. All Ayes. Motion carried. Update on the Yellow Ribbon Network Council Members Chuck Haas and Phil Klein updated the Council on the activities of the Yellow Ribbon Network. Haas shared thank you notes received by the Girl Scouts in Chisago City for the care packages sent. One hundred fifty solders of the 851st Vertical Engineering are being deployed for a year. He received a call from Family Resource for a request from a member of the 148th Fighter Wing out of Duluth to do yard work for a family in St. Paul. Hugo firefighters will be putting together care packages. The YRN received a call for coffee donations that Network volunteers picked up. Dan Gallatin and his family served 133 burgers at April’s Burger Night. May’s sponsor is Kim Metzger from Title Smart. Haas shared photos of the MN Assistance Council for Veterans who were recognized for their service Hugo City Council Meeting Minutes for May 7, 2018 Page 9 of 9 Schedule Annual Performance Review for City Administrator Bryan Bear City Administrator Bryan Bear has been employed with the City since May 3, 2004. Bryan served as the Community Development Director until being appointed the City Administrator on November, 7, 2011. Bryan requested Council schedule his annual performance review. Haas made motion, Miron seconded, to tentatively schedule the City Administrator’s performance review for Monday, June 11 at 7 p.m. unless it can be fit in at the June 4th meeting. All Ayes. Motion carried. Gravel Roads Workshop on Monday, May 14, 2018 At its April 2, 2018, meeting, the Council had scheduled a workshop for May 14th to discuss options to address the condition of the gravel roads in Hugo. City Administrator Bryan Bear asked the Council for more time due to the weather not cooperating to allow evaluation of the road. He suggested rescheduling the workshop for May 22, 2108. Weidt made motion, Petryk seconded, to reschedule the Gravel Workshop to May 22, 2018 at 7 p.m. All Ayes. Motion carried. Law Enforcement Memorial Day on Tuesday, May 15, 2018 Annually, the Washington County Sheriff’s Office gathers to honor the men and women who have been killed in the line of duty. City Administrator Bryan Bear informed Council that Washington County Sheriff Dan Starry had invited them to the ceremony on Tuesday, May 15, 2108, at the Washington County Historic Courthouse in Stillwater at noon. Haas made motion, Petryk seconded, to schedule a meeting to attend Law Enforcement Memorial Day on Tuesday, May 15, 2018, as presented. All Ayes. Motion carried. Adjournment Klein made motion, Miron seconded, to adjourn at 8:23 p.m. All Ayes. Motion carried. Respectfully Submitted, Michele Lindau City Clerk