HomeMy WebLinkAbout2020.08.17 CC Minutes
Meeting held remotely pursuant to MN Statute Sec. 13D.021.
ZOOM Meeting ID # 854 2763 2453
Mayor Weidt called the meeting to order at 7:00 p.m.
COUNCIL PRESENT REMOTELY: Haas, Klein, Miron, Petryk, Weidt
COUNCIL ABSENT: None
OTHERS PRESENT REMOTELY: City Attorney Dave Snyder, City Engineer Mark Erichson,
Finance Director Ron Otkin, Public Works Director Scott Anderson
PRESENT AT CITY HALL: City Administrator Bryan Bear, Community Development Director
Rachel Juba, City Clerk Michele Lindau
Approval of Minutes for the August 3, 2020 City Council Meeting
Klein made motion, Haas seconded, to approve the minutes for the City Council meeting held on
August 3, 2020, as presented.
Roll call vote – all ayes. Motion carried.
Approval of Agenda
Weidt made motion, Haas seconded, to approve the agenda as presented.
Roll call vote – all ayes. Motion carried.
Carnelian-Marine-St. Croix Update – Administrator Mike Isensee
City Administrator Bryan Bear introduced Carnelian-Marine-St. Croix Watershed District
Administrator Mike Isensee. Bear reminded Council that months ago they had met Isensee, and
he was in attendance this evening to provide an update concerning activities and budget.
Isensee stated they were in the beginning stages of their ten-year watershed management plan,
and he provided an overview of what the district had accomplished. He also shared a summary
of the initial work they were conducting with residents of the district and other organizations
within the district over a five month period to find out what the concerns and priorities should be
over the next decade. He stated there were some interesting changes, and he provided
information gathered from a survey of 340 property owners and meetings held with others. Most
information came from surveys
Top concerns were invasive species, terrestrial and aquatic. There were concerns over the
complete devastation of lakes and loss of lake recreation and property values. Pollutants were
also a concern, and there was a rising concern over water quality, specifically with wells and
septics. The district would be working collaboratively with the County on ways to provide better
Minutes
HUGO CITY COUNCIL MEETING
REMOTE MEETING
MONDAY, AUGUST 17, 2020 – 7 P.M.
Hugo City Council Meeting Minutes for August 17, 2020
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information to residents on those topics.
Another concern was high water elevations and flooding. Direction they received from residents
was to protect water quality and re-shift strategies to better work on aquatic invasive species and
continue ensuring lakes, rivers and streams were clean. For the first time, the top priority of the
watershed district would be enforcement to protect water quality and shore land development.
The district was putting together a panel that included other watershed districts, the Conservation
District that is in charge of enforcing the Conservation Act, and other stakeholders to see where
the gaps were and what could be done together to better address these gaps and enforce the rules.
Haas appreciated they reached out to residents to get information on was important to them.
Update on COVID-19 City Response and Approve Resolution Approving Grant
Agreement for Election Expenses
City Administrator Bryan Bear provided an update on the City’s response to the COVID
pandemic and requested approval of a resolution approving a grant agreement with Washington
County for election expenses.
Bear stated the City remained under the State of Emergency, and he talked about the recent
executive orders requiring the wearing of masks and the reopening of schools. Meetings
continued to be conducted virtually, and he informed members of the public how they could
participate. He talked about changes that needed to be made to the audio visual equipment to
conduct hybrid meetings.
He talked about the CARES Act Federal Funding that was discussed at the Council’s last
meeting. As a result, the EDA would be discussing business grants at their meeting on August 8,
2020, and Council would need to make a decision on September 8. Staff was moving forward
with AV upgrades and heating and cooling system improvements. He talked about the CARES
Act Election Grant that was also providing funds though the Secretary of State’s Office to
respond to the pandemic for the 2020 election. The County was applying for a block grant to
distribute those funds to local municipalities. The City of Hugo’s share of the grant money was
$6,129.66 to be used for personal protection equipment, sanitizing supplies, additional election
judges, and implementation of social distancing requirements. The City was required to provide
a 20% match, and that could come from the City’s CARES Funds. Unused funds would to be
returned to Washington County for cost related to absentee ballots. He requested the Council
approve a resolution approving the grant agreement with the county to cover expenses for cost
related to the elections.
Miron made motion, Klein seconded, to approve RESOLUTION 2020-37 APPROVING
GRANT AGREEMENT WITH WASHINGTON COUNTY TO RECOVER ADDED
EXPENSES INCURRED WITH THE 2020 ELECTION PROCESS DUE TO THE COVID-19
PANDEMIC.
Roll call vote – all ayes. Motion carried.
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Consent Agenda
Klein made motion, Miron seconded, to approve the following consent agenda:
1. Approve Claims Roster
2. Approve Annual Performance Review for Public Works Worker Matt Klein
3. Approve Promotion of Tim Olson, William Lusk, and Jake Jorgenson to Firefighter
Status
4. Approve Pay Voucher No. 12 for the Water Tower No. 4 Improvement Project
5. Approve Resolution for Variance Request from the Shoreland Overlay District Setback
Requirements at 6930 170th St. N.
6. Approve Resolution for Variance Request from the Shoreland Overlay District setback
Requirements at 6900 170th Street North.
7. Approve CUP Amendment for Boat Rental at 4444 129th St. N.
8. Approve resolutions for Victor Land Holdings, LLC, for Preliminary Plat, Final
Roll call vote – all ayes. Motion carried.
Approve Claims Roster
Adoption of the Consent Agenda approved the Claims Roster as presented.
Approve Annual Performance Review for Public Works Worker Matt Klein
Public Works Worker Matt Klein was hired by the City of Hugo on August 27, 2012. Adoption
of the Consent Agenda approved the Annual Performance Review for Public Works Worker
Matt Klein.
Approve Promotion of Tim Olson, William Lusk, and Jake Jorgenson to Firefighter Status
Tim Olson, William Lusk, and Jake Jorgenson had completed all of the necessary probationary
training and requirements to be promoted to Firefighter. Adoption of the Consent Agenda
approved the promotion of Tim, William, and Jake effective August 1, 2020.
Approve Pay Voucher No. 12 for the Water Tower No. 4 Improvement Project
CB&I, LLC, had submitted Pay Voucher No. 12 for the Water Tower No. 4 Improvement
Project for work certified through July 31, 2020. Adoption of the Consent Agenda approved Pay
Voucher No. 12 in the amount of $175,218.00.
Approve Resolution for Variance Request from the Shoreland Overlay District Setback
Requirements at 6930 170th St. N.
Lori Schuman had applied for a variance from the Shoreland Overlay District setback
requirements for a detached deck at 6930 170th Street North. The request was to allow the deck
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to be setback 90 feet from the ordinary high water mark of Horseshoe Lake where 200 feet was
required by ordinance. The Board of Zoning reviewed the request at a public hearing held at their
meeting on August 13, 2020 and unanimously recommended approval. Adoption of the Consent
Agenda approved RESOLUTION 2020-38 APPROVING A VARIANCE FROM THE
SETBACK REQUIREMENTS FOR A DETACHED DECK LOCATED WITHIN THE
SHORELAND OVERLAY DISTRICT FOR LORI SCHUMAN AT 6930 170TH STREET
NORTH.
Approve resolution for variance request from the Shoreland Overlay District setback
requirements at 6900 170th St. N.
Pamela Oman had applied for a variance from the Shoreland Overlay District setback
requirements for a proposed accessory building at 6900 170th Street North. The request was to
allow the accessory building to be setback 120 feet from the ordinary high water mark of
Horseshoe Lake where 200 feet was required by ordinance. The Board of Zoning reviewed the
request at a public hearing held at their meeting on August 13, 2020 and unanimously
recommended approval. Adoption of the Consent Agenda approved RESOLUTION 2020-39
APPROVING A VARIANCE FROM THE SETBACK REQUIREMENTS FOR AN
ACCESSORY BUILDING LOCATED WITHIN THE SHORELAND OVERLAY DISTRICT
FOR PAMELA OMAN AT 6900 170TH STREET NORTH.
Approve CUP Amendment for Boat Rental at 4444 129th Street
Katherine and Benjamin Robinson had requested approval of a Conditional Use Permit (CUP)
amendment to continue the business of a boat rental known as Bald Eagle Boat Rental with
associated retail sales of bait, snacks, and non-alcoholic beverages. The boat rental use had been
on the property for decades with a few different owners. Most recently there was a Special Use
Permit approved for the site in 1993 outlining the conditions it operated under. The applicant had
a contract with the existing owner Marty Weber to purchase the property and run the business.
They were asking to clean up and revise the existing permit to remove conditions that were no
longer applicable and to add a different mix of watercraft they were proposing to rent. Staff had
recommended Council approve the CUP amendment, subject to the conditions listed in the
resolution. The Planning Commission considered the application at their August 17, 2020
meeting and unanimously recommended approval to the Council. Adoption of the Consent
Agenda approved RESOLUTION 2020-40 APPROVING A CONDITIONAL USE PERMIT
AMENDMENT FOR KATHERINE AND BENJAMIN ROBINSON TO CONTINUE TO
ALLOW THE BOAT RENTAL BUSINESS ON THE PROPERTY LOCATED AT 4444 129TH
STREET NORTH.
Approve resolutions for Victor Land Holdings, LLC, for Preliminary Plat, Final
Plat/Development Agreement, Easement Vacation, CUP Amendment, and Site Plan
Victor Land Holdings, LLC, had requested approval of a preliminary plat, final plat, easement
vacation, CUP amendment, and Site Plan on property located at 13676 Fenway Blvd. N. The
plats included 2 lots and 1 outlot. The easement vacation was for the relocation of utilities. The
CUP amendment was for revisions to the campus development, which allowed more than one
building on the property. The site plan was for a 27,100 square foot office/warehouse building.
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In 2018, the City Council approved a CUP for a campus development that approved the location
and use of four proposed buildings on the site. The general location of the buildings remained the
same with this request. The Planning Commission considered the application at their meeting on
Thursday, August 13, 2020, and unanimously recommended approval to the Council. Adoption
of the Consent Agenda approved RESOLUTION 2020-41 APPROVING A PRELIMINARY
PLAT FOR VICTOR LAND HOLDINGS, LLC, FOR “ROY MOLITOR 4th ADDITION”
LOCATED SOUTH OF 140TH STREET AND WEST OF FENWAY BOULEVARD NORTH,
and RESOLUTION 2020-42 APPROVING A FINAL PLAT FOR VICTOR LAND
HOLDINGS, LLC, FOR “ROY MOLITOR 4th ADDITION” LOCATED SOUTH OF 140TH
STREET AND WEST OF FENWAY BOULEVARD NORTH, and RESOLUTION 2020-43
APPROVING A CONDITIONAL USE PERMIT AMENDMENT FOR VICTOR LAND
HOLDINGS, LLC, TO ALLOW A CAMPUS DEVELOPMENT ON THE PROPERTY
LOCATED AT 13676 FENWAY BOULEVARD NORTH, and RESOLUTION 2020-44
APPROVING A SITE PLAN FOR VICTOR LAND HOLDINGS, LLC, FOR AN
OFFICE/WAREOUSE BUILDING ON THE PROPERTY LOCATED AT THE SOUTHWEST
CONER OF 140TH STREET NORTH AND FENWAY AVENUE NORTH.
Water Tower Update
This was not on the agenda; however, the Mayor asked for a quick update on the new water
tower. City Engineer Mark Erichson explained that construction on the water tower was
progressing, and it is expected to be operational by mid-October. They were in the process of
painting the tower.
Public Hearing on Drainage and Utility Easement Vacation for Hugo Gardens Apartments
Community Development Director Rachel Juba presented information on the request from Hugo
Garden Apartments, LLC, for a vacation of the existing drainage and utility easement located
over Outlot B, LaValle Fields, on property west of Lions Park. The lot would be final platted for
the development of Hugo Gardens. New drainage and utility easements would be placed on the
lots at the time the final plat was recorded.
The applicant had also requested approval for final plat and development agreement for “Hugo
Gardens” to allow construction of 84 apartment units in seven buildings on Outlot B of LaValle
Fields PUD. Outlot B would be platted as a single lot to accommodate the new apartments. Staff
recommended approval of the applications, subject to the findings and conditions listed in the
resolutions and development agreement.
The Council had approved the Preliminary Plat and Planned Unit Development Amendment at
its July 20, 2020, meeting. The final plat would include one lot where all the buildings would be
located and one lot for stormwater management. Part of the approval was to work with the City
for cost share up to $136,000 for stormwater management. The applicant would construct
stormwater management on their project that would accommodate for drainage and stormwater
management for Lions Park and for the construction of 147th street. The applicant had also
requested to enter in to an assessment agreement for the sewer and water trunk fees. Juba
explained they were working through the details with the finance director, and the Council would
be considering it for approval at their next meeting in September.
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Juba explained the developer was initially required to construct 147th Street and Finale Avenue
with the project; however, with the approved PUD amendment, they would only be responsible
for the construction for Finale Avenue. The Council had previously approved the street CIP that
included the construction of 147th Street, and the funding sources were also identified. She
stated that the developer was requesting language be added to the development agreement stating
they would not be assessed for 147th Street if 147th Street was constructed, and the developer was
asking to speak to the Council on it. She presented the site plan showing seven buildings with 12
units in each building. Finale Avenue would be a public street and the other streets would be
private. Juba recommended Council hold the public hearing on the easement vacation and
approve the notice to vacate the easements and approve the Final Plat and Development
Agreement for the Hugo Gardens Apartments.
Mayor Weidt opened the public hearing. There were no comments, and the Mayor closed the
public hearing.
Michael Margulies, representing the developer, and Architect Dean Dovolis were in attendance.
Margulies complemented Rachel and the team for their work on the project. He said he wanted
to clarify in the resolution that the developer would build Finale Avenue, and 147th Street was
part of the CIP. He wanted confirmation in the development agreement that the developer would
not be responsible for the initial cost of 147th if it is built. He said he was not asking the City to
commit to building 147th Street, only that if they do, the developer would not have to pay for it.
Miron made motion, Klein seconded to approve the notice to vacate the drainage and utility
easement located over Oulot B, LaValle Fields.
City Attorney Dave Snyder said he wanted to clarify that the motion was contingent upon the
approval of the development agreement and final plat for Hugo Gardens, and the development
agreement and related document be entirely consistent with the approvals of all of City Staff. If
they were not approved, the vacation would not be effective.
Roll call vote – all ayes. Motion carried.
Approve Final Plat and Development Agreement for Hugo Gardens Apartments
Juba had presented information on the final plat and development agreement with the previous
item.
Snyder stated that the development agreement as currently constructed reflected what City staff
recommended, and he did not recommend an explicit statement that the City would not assess for
the road or would construct the road at any particular time. The City’s construction of the road
was subject to the CIP, and though it was intended to be done next year, it was not expressly
stated there was any guarantee to anyone. He asked it be understood the development agreement
not contain any representations about 147th Street beyond what staff had already indicated, and
further, the final document be entirely consistent with City staff’s approval and not contain any
assurances on assessments.
Margulies stated he was not asking for any commitment to build 147th Street. They were only
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asking for confirmation that the developer would not be charged for the cost. If the City intended
to assess the property for the construction of 147th Street, they would need to know because it
was not part of their budget.
Snyder stated they were not in the position to say it would not be assessed to the developer at this
point. It may not be assessed but the option should be left open.
Juba added that the developer was sent the street CIP that moved up the downtown street
improvement project to 2021. It included 147th Street and also identified the funding sources. It
was the City’s intention that the developer not be responsible for 147th street.
They mayor pointed out it was the City’s intention to build 147th. He did not foresee the City not
doing so.
Margulies said there had been a lot of discussion on this, and it was predicated that they build
Finale and the City build 147th Street, if it chose. No one was asking for a guarantee that 147th
be built. If they were not going to be responsible for the cost of 147th Street, they wanted it
reflected in the development agreement.
Snyder stated that it was not entirely certain when any assessments, if adopted, were enacted and
who would own the property at that time. He said staff would be sure the recommendation was
consistent with their past dealing with the developer, and his recommendation was that the
Council approve the final plat and development agreement as proposed, and remaining issues be
dealt with consistent with staff’s dealings or it be brought back to council.
Klein stated the City had always been able to stick by its agreements and works with contractors
in a way that benefits all parties.
Miron said the project served a housing need in the community, and he was confident staff
would be able to work with the developer on the logistics of the agreement.
Petryk made motion, Klein seconded, to approve RESOLUTION 2020 – 45 APPROVING
FINAL PLAT AND DEVELOPMENT AGREEMENT FOR HUGO GARDEN
APARTMENTS, LLC. FOR “HUGO GARDENS” ON PROPERTY LOCATED WEST OF
FINALE AVENUE AND NORTH OF 146TH STREET with the addition that any assessment
discussions that arise from this will be worked out with the City’s legal advisor and staff.
The Mayor added, at the attorney’s request, that all documents be consistent with staff’s review
and approval before it is finalized.
Roll call vote – all ayes. Motion carried.
Receive Bids and Award Contract for Public Works Facility
Bids for the Public Works facility project were received on August 11, 2020. Public Works
Director Scott Anderson introduced project architect Jeff Oertel who stated the results of the bid
were fantastic. There were 20 bidders, and three of the bidders were below $9 million dollars.
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Oertel stated that having the project bid when it was saved the City well over a million dollars.
He said they had projects pre-corona that went for $142-$145 per square foot for the building.
This project was came in at $122 per square foot. He said there were challenges with the site,
soils, and well placement, and Xcel was a significant cost, so it was a great thing it came in so
low.
Public Works Director Scott Anderson showed the elevations of the building, and he talked
about the bid format. There was a base bid which was the building and site work and six
alternates they bid out separately because they would get better representation of what they were
paying for. Remaining items needing to bid are salt storage building, material storage bins and
site landscaping. The low base bid was $8,728,000, and Anderson reviewed the six low bids
received for the alternates. He recommended Council approve the low bid submitted by Ebert
Construction.
Council commented on how the new building will benefit the City and taxpayers for years to
come. The interest rates on bonding will save the City money, and this was the time to do it.
Haas made motion, Klein seconded, to approve the low bid submitted by Ebert Construction for
the Base Bid and six alternates the amount of $9,253,560
City Attorney Dave Snyder wanted to confirm that it is understand that the motion is contingent
with all associated documentation being consistent with the approvals of the architect and City
staff.
Roll call vote – all ayes. Motion carried.
Yellow Ribbon Network Update
Council Member Chuck Haas and Council Member Phil Klein reported to Council on the recent
activities of the Yellow Ribbon Network. Haas shared photos of soldiers with prizes sent to them
by the YRN for their Bingo games. There was a golf event held by the family of a soldier who
died in a car accident on July 16th. Memorials from his funeral in the amount of $20,000 were
donated to the YRN from the Hall Family Foundation. The Hugo YRN and Stillwater YRN
together held a deployment lunch for 150 soldiers and their families, and he thanked all the
sponsors. The YRN continues to send care packages. There will be no August Burger Night.
Adjournment
Haas made motion, Klein seconded, to adjourn at 8:08 p.m.
Roll call vote – all ayes. Motion carried.
Respectfully Submitted,
Michele Lindau
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City Clerk