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HomeMy WebLinkAbout2022.01.03 CC Minutes Call to Order Mayor Weidt called the meeting to order at 7:00 p.m. COUNCIL PRESENT: Klein, Miron, Petryk, Strub, Weidt COUNCIL ABSENT: None OTHERS PRESENT: City Administrator Bryan Bear, City Attorney Dave Snyder (on ZOOM), City Engineer Mark Erichson, Community Development Director Rachel Juba, City Clerk Michele Lindau Approval of Minutes for the December 20, 2021, City Council Meeting Klein made motion, Petryk seconded, to approve the minutes for the City Council meeting held on December 20, 2022, as presented. Approval of Agenda Weidt made motion, Miron seconded, to approve the agenda as presented. All Ayes. Motion carried. Approval of Consent Agenda Miron made motion, Strub seconded, to approve the following Consent Agenda: 1. Approve Claims Roster 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 Baker Tilly as Financial Advisor 7. Approve Appointment of US Bank as Depository for City Funds 8. Approve Appointment of The Citizen as Official Newspaper 9. Approve Animal Control Service Contracts with Companion Animal Control and Otter Lake Animal Hospital for 2022 10. Approve Appointment of Fire Chief Jim Compton, Jr. as Emergency Management Director 11. Approve Appointments to Hugo Firefighter Relief Association 12. Approve Appointment of Bronwen Kleissler as Chair of the Planning Commission 13. Approve Appointment of Alternate Planning Commission Member Cindy Petty as Regular Member 14. Approve Appointment of Roger Clark as Chair and Cathy Moore-Arcand as Vice-Chair of the Parks and Recreation Commission 15. Approve Appointment of Cynthia Schoonover as Chair of Historical Commission Minutes HUGO CITY COUNCIL MEETING HUGO CITY HALL MONDAY, JANUARY 3, 2022 – 7 P.M. Hugo City Council Meeting Minutes for January 3, 2022 Page 2 of 9 16. Approve Appointment of Tom Weidt and Phil Klein as Council Representatives on the EDA 17. Approve Appointment of Mayor Tom Weidt, Planning Commissioner Cindy Petty, and Resident Scott Arcand to the Board of Zoning Appeals and Adjustments 18. Approve Appointment of Tom Weidt as Chair of the Board of Zoning Appeals and Adjustments 19. Approve Ordinance Amending Tobacco Ordinance to Comply with State Statute and Publication of Summary Ordinance 20. Approve Encroachment Agreement for Schaubschlager at 5859 128th Bay North 21. Approve Pay Request No. 4 to Peterson Companies for the 2021 Downtown Improvement/Lions Park Project 22. Approve Pay Request No. 2 to Peterson Companies for the CSAH 8 Stormwater Reuse Project 23. Approve Pay Request No. 15 to Ebert Construction for the Public Works Facility Project 24. Approve Pay Request No. 7 to Ebert Construction for Public Works Salt and Materials Storage Project 25. Approve Pay Request No. 4 to Schreiber Mullaney Construction for Lions Park Pavilion 26. Approve Pay Request No. 5 to Schreiber Mullaney Construction for Lions Park Pavilion 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 2022. Approve Appointment of WSB and Associates as City Engineer WSB Engineers worked as the City Engineer for the past 18 years. Mark Erichson handled the day-to-day civil engineering duties, and Pete Willenbring provided services as the Water Resource Engineer. WSB and Associates 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 2022. Approve Appointment of Landform as City Planner Kendra Lindahl from Landform worked at the City Planner over the past 19 years. 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 2022. Hugo City Council Meeting Minutes for January 3, 2022 Page 3 of 9 Approve Appointment of Johnson & Turner as City Attorney City Attorney Dave Snyder served the City with the law firm of Johnson & Turner for the past six years. Johnson & Turner requested to continue to provide legal services to the City. Adoption of the Consent Agenda approved the appointment of David Snyder and the Johnson & Turner Law Firm as the City Attorney for the year 2022. Approve Appointment of Baker Tilly as Financial Advisor Financial advisors Paul Steinman, Mikaela Huot, and Nick Dragisich and the other members of the Baker Tilly Virchow Krause, LLP (formerly Springsted, Inc.) team 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 Baker Tilly Virchow Krause, LLP, as the City’s financial advisors for the year 2022. Approve Appointment of US Bank as Depository for City Funds Each year, Council needed to selects a depository/bank for the deposit of City funds. For many years, Council had selected the local Hugo branch of U.S. Bank. Adoption of the Consent Agenda approved U.S. Bank-Hugo as the official depository for City funds for 2022. Approve Appointment of The Citizen as Official Newspaper Each year, Council needed to select a newspaper as the official publication for all public notices and publishing of ordinances. For the past 14 years, the City Council had appointed The Citizen as the City’s new official newspaper. The Citizen requested to continue to provide this service at a rate increase from $12.10 to $12.70 per column inch. Adoption of the Consent Agenda approved The Citizen as the City’s official newspaper for 2022. Approve Animal Control Service Contracts with Companion Animal Control and Otter Lake Animal Hospital for 2022 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 2022. Approve Appointment of Fire Chief Jim Compton, Jr. as Emergency Management Director Each year, Council needed to appoint a member of the City staff to serve in the role of Emergency Management Director. For the past decade, the Fire Chief had served in this position. Adoption of the Consent Agenda approved the appointment of Fire Chief Jim Compton, Jr. as the City’s Emergency Management Director for 2022. Approve Appointments to Hugo Firefighter Relief Association Minnesota State Statute required the official appointment of the ex-officio members of the Hugo Hugo City Council Meeting Minutes for January 3, 2022 Page 4 of 9 Fire Department Relief Association Board. Council needed to appoint two elected or appointed members. Adoption of the Consent Agenda approved the appointment of Mayor Tom Weidt and Finance Director Anna Wobse as ex-officio members of the Hugo Fire Department Relief Association Board. Approve Appointment of Bronwen Kleissler as Chair of the Planning Commission Annually, Council needed to appoint a member of the Planning Commission to serve as chair of the Commission. Bronwen Kleissler had been serving 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 for 2022. Approve Appointment of Alternate Planning Commission Member Cindy Petty as Regular Member At the December 20, 2021, meeting, Council approved the retirement of Planning Commissioner Scott Arcand at the end of his term on December 31, 2021. Cindy Petty had served as an alternate on the Planning Commission since appointed by Council on February 1, 2021. Adoption of the Consent Agenda approved the appointment of Cindy Petty to serve as a regular member on the Planning Commission for a four-year term to expire on December 31, 2025. Approve Appointment of Roger Clarke as Chair and Cathy Moore-Arcand as Vice-Chair of the Parks and Recreation Commission Annually, the City Council needed to appoint members of the Parks Commission to serve as chair and vice-chair. In June 2021, Roger Clarke was appointed as the Chair of the Parks Commission when former Chair Dave Strub was appointed to the City Council. Cathy Moore- Arcand had served as vice-chair since January 2017. Adoption of the Consent Agenda approved the reappointment of Roger Clarke as chair and Cathy Moore-Arcand as vice-chair for the Parks and Recreation Commission for 2022. Approve Appointment of Cynthia Schoonover as Chair of Historical Commission Annually, the City Council needed to appoint a member of the Historical Commission to serve as the chair of the Commission. Cynthia Schoonover had served as the chair of the Commission since July, 2015. Adoption of the Consent Agenda approved the reappointment of Cynthia as the chair of the Historical Commission for 2022. Approve Appointment of Tom Weidt and Phil Klein as Council Representatives on the EDA Annually, the Council needed to appoint two representatives from the Hugo City Council to serve on the Economic Development Authority (EDA). Adoption of the Consent Agenda approved the appointment of Mayor Weidt and Council Member Klein to continue to serve as the Council Representatives on the EDA for 2022. Hugo City Council Meeting Minutes for January 3, 2022 Page 5 of 9 Approve Appointment of Mayor Tom Weidt, Planning Commissioner Cindy Petty, and Resident Scott Arcand to the Board of Zoning Appeals and Adjustments Annually, the Council needed to appoint a member of the Planning Commission, City Council, and a resident to serve on the Board of Zoning Appeals and Adjustments. Tom Weidt as the City Council representative, Cindy Petty as the Planning Commission representative, and Scott Arcand as the resident representative have all agreed to serve on BOZA. Adoption of the Consent Agenda approved Tom Weidt, Cindy Petty, and Scott Arcand to serve on the Board of Zoning Appeals and Adjustments for one-year terms. Approve Appointment of Tom Weidt as Chair of the Board of Zoning Adjustments Annually, the Council needed to appoint the Chair of the Board of Zoning Appeals and Adjustments. Adoption of the Consent Agenda approved the reappointment of Board Member Tom Weidt as Chair of the Board of Zoning Appeals and Adjustments for 2022. Approve Ordinance Amending Tobacco Ordinance to Comply with State Statute and Publication of Summary Ordinance At its October 18, 2021, meeting, Council authorized staff to draft an amendment to the Tobacco Ordinance to align with the State Statute adopted in May, 2020. Tobacco 21 Laws changed the age from 18 to 21 to purchase tobacco or tobacco-related devises; removed penalties for underage procession, purchase, and use; required compliance checks to be done by decoys between 17 and 20 years of age; and increased the minimum penalties for a licensee or employee of a licensee who is in violation. Minimum penalties for violations were adopted with the 2022 Fee Schedule. Adoption of the Consent Agenda approved ORDINANCE 2022-511 AMENDING CHAPTER 38 – HEALTH AND HUMAN SERVICES, ARTICLE III TOBACCO, TO ALIGN WITH THE FEDERAL T21 LAWS AND MN STATE STATUTE 461.12. Approve Encroachment Agreement for Schaubschlager at 5859 128th Bay North Kalpana and Tyler Schaubschlager, 5859 128th Bay North, had requested an encroachment agreement to allow construction of a fence within a drainage and utility easement on property located at 5859 128th Bay North. The Senior Engineering Technician Liz Finnegan had reviewed the location of the fence and was comfortable with the request. The applicant was aware that there is an existing sewer line near the proposed fence. Adoption of the Consent Agenda approved RESOLUTION 2022-1 APPROVING AN ENCROACHMENT AGREEMENT FOR KALPANA AND TYLER SCHAUBSCHLAGER TO ALLOW CONSTRUCTION OF A FENCE WITHIN A DRAINAGE AND UTILITY EASEMENT ON THE PROPERTY LOCATED AT 5859 128TH BAY NORTH. Approve Pay Request No. 4 to Peterson Companies for the 2021 Downtown Improvement/Lions Park Project Peterson Companies, Inc. had submitted Pay Request No. 4 in the amount of $1,506,125.98 for work certified through December 31, 2021, on the 2021 Downtown Improvement/Lions Park Project. All the roadways within the project had been completed, and work was ongoing within Hugo City Council Meeting Minutes for January 3, 2022 Page 6 of 9 Lions Park. The concrete play-wall and court surfacing had been completed, and lighting work was to continue to be installed thru the winter. Adoption of the Consent Agenda approved payment to Peterson Companies, Inc. in the amount of $1,506,125.98. Approve Pay Request No. 2 to Peterson Companies for the CSAH 8 Stormwater Reuse Project Peterson Companies, Inc. had submitted Pay Request No. 2 in the amount of $152,666.92 for work certified through December 31, 2021, on the CSAH 8 Storm Water Reuse Project. Work was nearing completion on the project. Project start-up was to occur in spring of 2022. Adoption of the Consent Agenda approved payment to Peterson Companies, Inc. in the amount of $152,666.92. Approve Pay Request No. 15 to Ebert Construction for the Public Works Facility Project Ebert Construction had submitted Pay Request No. 15 for payment for the Public Works Facility project in the amount of $409,842.71. The quantities completed to date had been reviewed and agreed upon by the architect, contractor and City staff. The amount indicated above reflected the work certified through December of 2021, with a 5% retainage applied. Total retainage being held for the project to date was $431,878.65. Adoption of the Consent Agenda approved payment in the amount of $409,842.71 to Ebert Construction. Approve Pay Request No. 7 to Ebert Construction for Public Works Salt and Materials Storage Project Ebert Construction had submitted Pay Request No. 7 for payment for the City of Hugo Public Works Salt and Materials Storage project in the amount of $6,313.79. The quantities completed to date had been reviewed and agreed upon by the architect, contractor and City staff. The amount indicated above reflected the work certified through December of 2021, with a 5% retainage applied. Total retainage being held for the project to date was $32,628.03. Adoption of the Consent Agenda approved payment in the amount of $6,313.79 to Ebert Construction. Approve Pay Request No. 4 to Schreiber Mullaney Construction for Lions Park Pavilion Schreiber Mullaney had submitted Pay Request No. 4 for the new Pavilion in Lions Park in the amount of $207,263.12. The quantities completed to date had been reviewed and agreed upon by the architect, contractor and City staff. The amount indicated above reflected the work certified through November 30, 2021 with a 5% retainage applied. The total retainage being held to date was be $ 39,565.59. Adoption of the Consent Agenda approved payment in the amount of $207,263.12 to Schreiber Mullaney Construction for the construction of the City of Hugo Lions Park Pavilion. Approve Pay Request No. 5 to Schreiber Mullaney Construction for Lions Park Pavilion Schreiber Mullaney had submitted Pay Request No. 5 for the new Pavilion in Lions Park in the amount of $148,273.15. The quantities completed to date had been reviewed and agreed upon by the architect, contractor and City staff. The amount indicated above reflected the work certified through December 31, 2021 with a 5% retainage applied. The total retainage being Hugo City Council Meeting Minutes for January 3, 2022 Page 7 of 9 held to date was $47,369.44. Adoption of the Consent Agenda approved payment in the amount of $148,273.15 to Schreiber Mullaney Construction for the construction of the City of Hugo Lions Park Pavilion. Site Plan, Conditional Use Permit Amendment, Development Agreement, Assessment Agreement for Victor Land Holding for Schwieters Campus Development Victor Land Holdings, LLC, had requested approval of a site plan for an approximately 43,000 square foot office, manufacturing, and warehouse building with associated parking. The applicant also requested a Conditional Use Permit (CUP) amendment for the campus development since the use of the building would include office and manufacturing. Planner Rachel Juba explained a development agreement and assessment agreement had been drafted for the project and for the construction of an extension of 140th Street to the west property line. The 2040 Comprehensive Plan showed 140th to be a collector street to connect to Elmcrest Avenue and Cedar Street in Lino Lakes. The City had received a letter from the applicant requesting the City cost share and add it to the 2022-2026 CIP and assess the developer 50% of the cost plus interest over the next five years. Benefits of the extension to the City would be paved access to the existing lift station and Clearwater Creek Park. The EDA had considered the cost sharing request in November and felt the request met the assessment policy. The Planning Commission held a public hearing at their meeting on December 16, 2021, and received comments on the noise caused by overhead doors remaining open, backup beepers from forklifts, and noise at the dumpsters on the north side of the building. The Planning Commission unanimously recommended approval of the site plan and CUP amendment requests with two additional conditions added to the resolutions regarding overhead doors being closed at certain times and relocating the dumpster on the property. Blake Schwieters addressed the Council on ZOOM stating they agreed to the conditions as recommended by the Planning Commission. They would be moving the dumpsters, and the doors would be closed between 9 p.m. and 6 a.m. Bill Mahre, 5231 141st Street North, was in attendance representing the residents in the Fenway Place development, and he referenced a letter he had submitted to Council earlier. He said he understood there was a balancing act between residential and commercial uses. Their biggest concern was noise, and he referred to recommendations in their letter. He talked about concerns regarding noise from the 4 a.m. shift workers, dumpsters, and backup beeping, noting the beepers were an OSHA requirement. He asked the Council to consider their recommendations on construction of a wall or berm. Denise Johnson, 5239 140th Circle North, said she had audio recording on her phone of the noise she could play for Council, but the Mayor declined. Chrissann Jones, 5249 141st Street Circle, said she lived closest to the site and made the request they consider changing the overnight shift so they are not dealing with the sound of car doors slamming at 4 a.m. Blake Schwieter said he was not sure how to handle car doors and lights, and they could expect the facility parking lot to be full overnight. The overnight shift was a 12 hours shift from 4 p.m. Hugo City Council Meeting Minutes for January 3, 2022 Page 8 of 9 to 4 a.m., and he said he would talk to the workers about closing doors softer. Council talked about berming, walls, landscaping, and fencing. Schwieter stated he was against building a wall, they were unable to berm based on the elevation and conditions related to the ponging, and a fence would not help much with the noise. Juba stated she could work with Schwieters on additional landscaping. There was discussion on what to do about noise from the site after hours and the enforcement process. Juba explained the code enforcement process was to call City Hall about complaints, and there was a suggestion that Schwieters provide information on how the residents could contact them directly. Blake indicated he would provide the association contact information. Miron made motion, Klein seconded, RESOLUTION 2022-2 APPROVING A SITE PLAN AND DEVELOPMENT AGREEMENT FOR VICTOR LAND HOLDINGS, LLC, FOR AN OFFICE, MANUFACTURING, AND WAREOUSE BUILDING ON THE PROPERTY LOCATED AT 13676 FENWAY BOULEVARD NORTH AS PART OF THE CAMPUS DEVELOPMENT ON THE NORTHWEST PORTION OF THE PROPERTY with the condition the applicant work with staff to have an approved landscape plan for the front of the parking lot to mitigate noise and light pollution. Donald Patrick Jones, 5249 141st Street Circle, complimented Schwieters for moving the dumpster and commented that something needed to be done about the noise bouncing off the buildings. Bryan clarified there would be conversations on the viability of a wall, but it was not a requirement of this approval. All Ayes. Motion carried. Miron made motion, Klein seconded, to approve RESOLUTION 2022-3 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. All ayes. Motion carried. Hugo Fire Department Annual Banquet Saturday, January 15, 2022 (Reminder) City Administrator Bryan Bear reminded Council they were scheduled to attend the Fire Department Annual Banquet on Saturday, January 15, 2022, beginning at 5 p.m. Council Goal Setting Session on Monday, January 24, 2022 (Reminder) City Administrator Bryan Bear reminded Council they had scheduled their Annual Goal Setting Session for Monday, January 24, 2022 at 5 p.m. in the Council Chambers. Hugo City Council Meeting Minutes for January 3, 2022 Page 9 of 9 Adjournment Miron made motion, Klein seconded, to adjourn at 8:01 p.m. All Ayes. Motion carried. Respectfully Submitted Michele Lindau City Clerk