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HomeMy WebLinkAbout2022.08.15 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 Attorney Dave Snyder, City Engineer Mark Erichson, Community Development Director Rachel Juba, City Clerk Michele Lindau Approve Minutes for the August 1, 2022, City Council Meeting Klein made motion, Petryk seconded, to approve the minutes for the regular Council meeting held on August 1, 2022, as presented. All Ayes. Motion carried. Approval of Agenda Weidt made motion, Strub seconded, to approve the agenda as amended by removing from the Consent Agenda the Special Event Permit for Liberty Classical Fall Festival and remove from Administrative Presentations the item to schedule the Liberty Classical Fall Festival. All Ayes. Motion carried Approval of Consent Agenda Miron made motion, Klein seconded, to approve the following Consent Agenda: 1. Approve Claims Roster 2. Approve Annual Performance Review for Public Works Lead Worker Mike Loeffler 3. Approve Annual Performance Review for Public Works Worker Matt Klein 4. Approve Resignation of Cameron Barukzoy from the Hugo Fire Department 5. Approve Ordinance Rezoning Shores of Oneka Lake to Planned Unit Development (PUD) 6. Approve Resolution for No Parking on West Side of Finale Ave. Between Upper 146th and 147th Streets 7. Approve Resolution for No Parking on South Side of Upper 146th Street Between Finale and Fitzgerald Avenue 8. Approve WSB and Associates Proposal for Asbestos and Regulated Materials Assessment at 6540 Greene Avenue North 9. Approve Resolution Approving Variance for 13345 Homestead Avenue North-Watkins 10. Approve Job Description and Advertisement for Administrative Intern 11. Approve Resolution Approving Meadows of Hugo 2nd Addition Final Plat 12. Approve Resolution Approving Encroachment Agreement for 5889 131st Street North – Hagstrom Minutes HUGO CITY COUNCIL MEETING HUGO CITY HALL MONDAY, AUGUST 15, 2022 – 7 P.M. Hugo City Council Meeting Minutes for August 15, 2022 Page 2 of 10 13. Approve Resolution Approving Encroachment Agreement for 5757 135th Street North – Domning 14. Approve Change Order No.3 from Ebert Construction for Public Works Facility 15. Approve Release of Letter of Credit for The Preserve of Sunset Lake 16. Approve Pay Request No. 12 to Schreiber Mullaney Construction for Lions Park Pavilion 17. Approve Pay Request No. 6 from Peterson Companies for Downtown Street/Lions Park Project 18. Approve Pay Request No. 1 from Miller Excavating, Inc. for 140th Street Improvement Project 19. Approve Donation from Hugo American Legion to the Hugo Fire Department All Ayes. Motion carried. Approve Claims Roster Adoption of the Consent Agenda approved the Claim 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 Annual Performance Review for Public Works Lead Worker Mike Loeffler Mike Loeffler was hired as a Maintenance Worker for the City of Hugo’s Public Works Department on August 5, 2002. On October 17, 2011, Mike was promoted to be the Public Works Lead Worker. Adoption of the Consent Agenda approved the annual performance review for Public Works Lead Worker Mike Loeffler Approve Resignation of Cameron Barukzoy from the Hugo Fire Department Cameron Barukzoy was approved as a probationary Firefighter effective December 6, 2021. In July, Cameron submitted his letter of resignation from the Fire Department due to family obligations. Adoption of the Consent Agenda approved the resignation of Cameron Barukzoy effective immediately. Approve Ordinance Rezoning Shores of Oneka Lake to Planned Unit Development (PUD) At its June 2, 2022, meeting the City Council approved the preliminary plat and PUD for a residential development known as The Shores of Oneka Lake. The property was rezoned to PUD with the approval. Adoption of the Consent Agenda approved ORDINANCE 2022-514 AMENDING CHAPTER 90 (ZONING ORDINANCE) OF THE CITY CODE TO CLASSIFY CERTAIN LAND LOCATED EAST OF HIGHWAY 61 AND NORTH OF GOODVIEW AVENUE NORTH. Hugo City Council Meeting Minutes for August 15, 2022 Page 3 of 10 Approve Resolution for No Parking on West Side of Finale Ave. Between Upper 146th and 147th Streets Staff had observed parking on the west side of Finale Avenue between Upper 146th and 147th Streets. There was adequate parking within the Jack Pine Place Apartment facilities to accommodate parking needs. Bump outs had been provided on the east side of Finale Avenue for parking as well as a lot located in the northwest corner of Lion’s Volunteer Park. Finale Avenue is a state aid roadway and did not meet the required width for parking along the roadway, which was why the bump out parking was provided on the east side of Finale Avenue. Staff recommended approval of a no parking resolution for the west side of Finale Avenue between Upper 146th Street and 147th Street. Adoption of the Consent Agenda approved RESOLUTION 2022-47 RESTRICTING PARKING ALONG THE WEST SIDE OF FINALE AVENUE FROM UPPER 146TH STREET TO 147TH STREET. Approve Resolution for No Parking on South Side of Upper 146th Street Between Finale and Fitzgerald Avenue Upper 146th Street between Finale Avenue and Fitzgerald Avenue is 24-feet in width with head- in parking provided along the north side of the roadway. To accommodate thru traffic on Upper 146th Street, staff had recommended approval of the no parking resolution for the south side of Upper 146th Street between Finale Avenue and Fitzgerald Avenue. Adoption of the Consent Agenda approved RESOLUTION 2022-48 RESTRICTING PARKING ALONG THE SOUTH SIDE OF UPPER 146TH STREET FROM FINALE AVENUE TO FITZGERALD AVENUE. Approve WSB and Associates Proposal for Asbestos and Regulated Materials Assessment at 6540 Greene Avenue North In 2002, the City purchased the Bernin property at 6540 Greene Avenue North. Since then, the City had leased the property to the Bernin family. The lease was set to expire on August 31, 2022. Staff had requested a quote from WSB & Associates to provide an Asbestos and Regulated Materials Assessment report for the property. The report would provide the City with information regarding any hazardous materials making up the structures on the property, which include the house, garage, barn and several small shed structures. This report would be used to provide direction for future decisions related to the structures. Adoption of the Consent Agenda approved the proposal provided by WSB & Associates for the Asbestos and Regulated Materials Assessment for the Bernin Property. Approve Resolution Approving Variance for 13345 Homestead Avenue North-Watkins Philip and Mary Watkins had requested three variances to construct a 1,120 square foot addition to their 1,350 square foot attached garage. The first request was to allow 2,470 square feet for the attached garage, where 1,113 square feet was allowed by ordinance. The second request was to allow the rear yard setback to be 35 feet from the property line, where 40 feet was required by ordinance. The third request was to allow the side yard setback to be 12 feet, where 20 feet was required by ordinance. At its Thursday, August 11, 2022, meeting the Board of Zoning held a public hearing to consider the request and unanimously recommended approval. Adoption of the Consent Agenda approved RESOLUTION 2022-49 APPROVING VARIANCES FOR PHILIP AND MARY WATKINS IN THE RURAL RESIDENTIAL ZONING DISTRICT ON Hugo City Council Meeting Minutes for August 15, 2022 Page 4 of 10 PROPERTY LOCATED AT 13345 HOMESTEAD AVENUE NORTH. Approve Job Description and Advertisement for Administrative Intern The current budget included an administrative intern position. This position would work on communication related activities, facility rentals, elections, as well as several specific projects identified by staff. Adoption of the Consent Agenda approved the job description and advertisement for an administrative intern. Approve Resolution Approving Meadows of Hugo 2nd Addition Final Plat Centra North, LLC, had requested approval of a final plat in order to plat 39 lots and three outlots on a parcel located north of 159th Street North and west of Highway 61 to be known as The Meadows at Hugo 2nd Addition. The site was currently vacant. This request would final plat the remaining 39 single family lots and three outlots from the preliminary plat. The lots met the minimum lot standards and requirements outlined in the regulations for The Meadows at Hugo PUD general plan. Adoption of the Consent Agenda approved RESOLUTION 2022-50 APPROVING FINAL PLAT AND DEVELOPMENT AGREEMENT FOR CENTRA NORTH, LLC, ON PROPERTY LOCATED NORTH OF 159TH STREET NORTH AND WEST OF HIGHWAY 61 FOR THE MEADOWS AT HUGO 2nd ADDITION. Approve Encroachment Agreement for 5889 131st Street North – Hagstrom Brandon and Sarah Hagstrom had requested an encroachment agreement to allow construction of a fence within a drainage and utility easement on property located at 5889 131st Street North. The Senior Engineering Technician had reviewed the location of the fence and was comfortable with the request. Adoption of the Consent Agenda approved RESOLUTION 2022-51 APPROVING AN ENCROACHMENT AGREEMENT TO ALLOW CONSTRUCTION OF A FENCE AND CONCRETE WITHIN A DRAINAGE AND UTILITY EASEMENT ON THE PROPERTY LOCATED AT 5889 131st STREET NORTH. Approve Encroachment Agreement for 5757 135th Street North – Domning Jon and Michelle Domning had requested an encroachment agreement to allow construction of a fence within a drainage and utility easement on property located at 5757 135th Street North. The Senior Engineering Technician had reviewed the location of the fence and was comfortable with the request. Adoption of the Consent Agenda approved RESOLUTION 2022-52 APPROVING AN ENCROACHMENT AGREEMENT TO ALLOW CONSTRUCTION OF A FENCE AND CONCRETE WITHIN A DRAINAGE AND UTILITY EASEMENT ON THE PROPERTY LOCATED AT 5757 135th STREET NORTH. Approve Change Order No. 3 from Ebert Construction for Public Works Facility Ebert Construction had submitted Change Order No. 3 for the Hugo Public Works Facility project in the amount of $1,776.32. It was expected that this would be the final change order for the project. Once the project punch list was complete, Ebert would submit an application for final payment. Until then, the City would continue to hold 5% of the project total cost as a retainage. The total retainage currently being held was $480,531.08. Adoption of the Consent Hugo City Council Meeting Minutes for August 15, 2022 Page 5 of 10 Agenda approved change order No. 3 in the amount of $1,776.32 to Ebert Construction for the construction of the Hugo Public Works facility. Approve Release of Letter of Credit for The Preserve of Sunset Lake Shlayba, Inc. had requested the City release their letter of credit for the Preserve on Sunset Lake Development. City staff had inspected the work and recommended the release. Adoption of the Consent Agenda approved the release of the letter of credit being held for the constructed improvements in the Preserve on Sunset Lake. Approve Pay Request No. 12 to Schreiber Mullaney Construction for Lions Park Pavilion Schreiber Mullaney had submitted Pay Request No. 12 for the new Pavilion in Lions Volunteer Park in the amount of $11,895.19. 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 July 25, 2022, with a 5% retainage applied. The total retainage being held to date would be $155,197.33. Adoption of the Consent Agenda approved Pay Request No. 12 in the amount of $11,895.19 to Schreiber Mullaney Construction for the construction of the City of Hugo Lions Park Pavilion. Approve Pay Request No. 6 from Peterson Companies for Downtown Street/Lions Park Project Peterson Companies, Inc. had submitted Pay Request No. 6 in the amount of $1,175,387.15 for work certified through July 26, 2022, on the 2021 Downtown Improvement/Lions Park Project. The roadway portion of the project was complete and significant amount of work was completed at Lions Park. The contractor would finish installing landscaping/seed and install the playground fence to make the project complete and begin punch-list items. Adoption of the Consent Agenda approved Pay Request No. 6 to Peterson Companies, Inc. in the amount of $1,175,387.15. Approve Pay Request No. 1 from Miller Excavating, Inc. for 140th Street Improvement Project Miller Excavating, Inc. had submitted Pay Request No. 1 in the amount of $169,629.96 for work certified through August 5, 2022, on the 140th Street Extension Project. Subgrade preparation and all utilities had been completed on the project. The Contractor would begin hauling sand and gravel for the new street section in the near future. Adoption of the Consent Agenda approved Pay Request No. 1 to Miller Excavating, Inc. in the amount of $169,629.96. Hugo City Council Meeting Minutes for August 15, 2022 Page 6 of 10 Approve Donation from Hugo American Legion to the Hugo Fire Department The Hugo American Legion requested to donate $1,000 to the Hugo Fire Department for equipment and training. Donations to the Fire Department required City Council approval. Adoption of the Consent Agenda approved the donation of $1,000 from the Hugo American Legion to the Hugo Fire Department. Approve Special Event Permit for Liberty Classical Academy Fall Festival September 24, 2022 Liberty Classical Academy had requested a Special Event Permit to hold their Fall Harvest Festival on September 24, 2022, from noon to 5 p.m. at their new school at 10158 122nd Street N. (formerly Withrow School). Staff was notified by the applicant this event was postponed, and it was removed from the agenda. Approve Resolutions Declaring Costs to be Assessed and Setting Public Hearing for the 121 Street/Acres of Bald Eagle Improvement Project City Engineer Mark Erichson explained that on September 21, 2021, the Council had accepted bids and awarded a contract for construction of the 121st Street and Acres of Bald Eagle Utility and Street Improvement Project between Everton Avenue and Falcon Avenue. The project improvements included extension of sanitary sewer and water services to serve the Acres of Bald Eagle development including storm sewer and street construction. The developer would be responsible for the costs associated with the Acres of Bald Eagle, which included surface and drainage improvements on 121st Street. The development costs were not considered as part of this assessment but were to be paid by the developer under a separate agreement. Existing properties along 121st Street North and Falcon Avenue North were responsible for costs associated with the extension of sanitary sewer services and water services to the individual lots as provided in the feasibility report. The estimated amount to be assessed to these twelve (12) benefitting properties was $113,315.64, including construction and indirect costs. Erichson recommended Council approve the resolution declaring the cost to be assessed and ordering preparation of the proposed assessment roll in accordance with State Statute 429 and to approve the resolution for hearing on proposed assessments. Klein made motion, Strub seconded, to approve RESOLUTION NO. 2022 – 53 DECLARING THE COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL FOR THE 121st STREET AND ACRES OF BALD EAGLE UTILITY AND STREET IMPROVEMENTS CITY OF HUGO, WASHINGTON COUNTY, MN. All Ayes. Motion carried. Klein made motion, Miron seconded, to approve RESOLUTION NO. 2022 – 54 A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE 121st STREET AND ACRES OF BALD EAGLE UTILITY AND STREET IMPROVEMENTS CITY OF HUGO, WASHINGTON COUNTY, MN. All Ayes. Motion carried. Hugo City Council Meeting Minutes for August 15, 2022 Page 7 of 10 Update on Circle Pines vs Anoka County on Rice Creek Watershed District Lawsuit City Attorney Dave Snyder provided Council an update on the Supreme Court’s ruling on the lawsuit between Circle Pines and Anoka County regarding appointments to the Rice Creek Watershed District. City Attorney Dave Snyder referenced a memo to the Council from him and a copy of the ruling issued around July 20, 2022. In summary, it was about a lawsuit involving Anoka County concerning the Rice Creek Watershed District’s appointment of managers. He explained the RCWD is governed by a board of managers appointed by the counties, and they have independent taxing authority. A few years ago, a new manager needed to be appointed by Anoka County, and the City of Circle Pines submitted three names to the Anoka County Board. Another municipality submitted one name. The county board declined the submitted list of nominees and appointed someone who served before. The county’s rationale was that every city in the jurisdiction needed to provide a list of three names, otherwise all lists were disqualified. Circle Pines filed a lawsuit, and the Anoka County District Court’s ruling supported the Anoka County Board’s interpretation. The ruling was appealed by Circle Pines, and it went to the Minnesota Court of Appeals who upheld the trial court’s ruling. Circle Pines then appealed to the Minnesota Supreme Court, which granted review. The City of Hugo, along with other cities, offered to participate by submitting an amicus curiae brief (friend of the court) to offer its own views on the how the appointment process should go. The City did not take any position but wanted to make sure the statute was properly interpreted. Hugo’s interpretation was that if the County Board is presented with a list of three names, they are obliged to appoint from that list. On July 20, 2022, a ruling was issued the Supreme Court that agreed with the rationale the City offered. Snyder commended City Administrator Bryan Bear’s common-sense interpretation that was ultimately adopted by the Supreme Court. He stated this reaffirms the roles of local government involvement in nominating and appointing watershed district managers and advises county board’s they need to draw from the cities’ list. Snyder said the Washington County Board agreed, and communications between the City and County had been very positive. Miron thanked Snyder for the explanation. He said he appreciated this being brought to their attention and asked if this would become the precedence throughout the state. Snyder replied the statute is directed at metropolitan areas but was effective statewide. Weidt commented on the importance of who represents the City on the watershed district board. He said it was good to see the courts agreed, and it was important to the cities to have a voice on the board. He thanked Bryan for his common sense. THC/Edible Cannabis Regulation and Consideration of Moratorium to Permit Study of Retail Sale of THC Containing Edible Food Products City Attorney Dave Snyder explained the Minnesota Legislature had authorized the sale of certain edible and beverage products containing up to 3% THC. The legislation had created a situation where they could be bought and sold without any input from regulatory agencies. He said it appeared the legislation went through relatively unnoticed. Without statewide regulations, cities had been scrambling to evaluate it, an many had adopted a moratorium on the sale of these items to permit time for cities to study it. He explained a moratorium is a temporary ordinance a city can pass to stall an activity and allow time to study potential regulations and determine Hugo City Council Meeting Minutes for August 15, 2022 Page 8 of 10 when, where, and how to permit it. A moratorium could be effective for 12 months. He said the City could do nothing, or the City could adopt a moratorium and ask staff to look into possible regulatory steps to bring back to the Council for consideration. Snyder had provided Council a copy of a moratorium other cities had adopted, but said the Council had to determine what was right for Hugo. Snyder also noted that during the process, the merchants would get the opportunity to provide input. Weidt asked if the moratorium could be pulled at any time and if other cities in Washington County had adopted one. Snyder answered “yes” to both questions. Petryk asked about products being sold freely in the absence of City regulations and whether there was testing of products or would the City have to monitor. Snyder replied that in absence of a moratorium, merchants were free to sell. He explained that currently THC amounts are label dependent, and there were no regulatory mechanisms for testing. One speculation was the state would be formulating some testing verification tools, and he said it was not likely cities would have to take on the obligation of testing products. Petryk asked if products needed to be kept behind the counter, and Snyder replied that it had not been addressed. Miron said he understood THC could not be sold at liquor stores. Snyder replied that it was likely because of other regulations on alcohol vendors. He talked about regulating it through zoning, and a moratorium would allow the City to set regulations. Klein said he saw it as paralleling to the liquor license. He said there are concerns with how to regulate it. Comments from sheriff department, attorney, and retailers would be needed, and it would take time to evaluate. Miron agreed and said to not have uniformity from community to community was a disservice. It would be easy if there was a common set of guidelines, and hopefully the state will take a look at it and provide some guidance. He said a pause would be prudent to see if the state comes up with something or allow time for the communities to. Strub agreed on the moratorium saying there were more questions than answers. Weidt said he had never seen anything with less direction. Nothing is known about the product, and the state needed to take their time when passing laws. Miron made motion, Klein seconded, to approve ORDINANCE NO. 2022-515 PROHIBITING THE SALE, TESTING, MANUFACTUR1NG, AND DISTRIBUTION OF THC PRODUCTS. Miron pointed out it could be lifted at any time, and the City could reach out to neighboring communities for uniform standards. All Ayes. Hugo City Council Meeting Minutes for August 15, 2022 Page 9 of 10 North Star Elementary Community-Wide Open House Thursday, August 25, 2022 Community Development Director Rachel Juba informed Council they had been invited to attend the Community-Wide Open House at the new North Star Elementary School, 15198 Forest Boulevard North, on Thursday, August 25, 2022, from 3-6 p.m. Petryk made motion, Klein seconded, to schedule a meeting to attend the North Star Elementary Community-Wide Open House on Thursday, August 25, 2022. All Ayes. Motion carried. Midyear Budget Workshop on Wednesday, August 31, 2022 Community Development Director Rachel Juba reminded Council of the Midyear Budget Workshop scheduled for Wednesday, August 31, 2022 at 5 p.m. Reschedule September 5, 2022, Council Meeting to September 6, 2022 The first meeting in September falls on Labor Day. Community Development Director Rachel Juba recommended Council reschedule the meeting for the following day, Tuesday, September 6, 2022. Miron made motion, Klein seconded, to reschedule the first meeting in September to Tuesday, September 6, 2022. All Ayes. Motion carried. Set Date for Lions Park Grand Opening for Thursday, September 15 or 22, 2022 The Lions Volunteer Park and Peder Pedersen Pavilion were nearly complete. Community Development Director Rachel Juba recommended Council schedule a Grand Opening on Thursday, September 15 or Thursday, September 22, 2022 beginning at 3 p.m. Miron made motion, Petryk seconded, to schedule the Lions Volunteer Park Grand Opening for sept 22, 2022, at 3 p.m. All Ayes. Motion carried. Retirement Party for Firefighter Jodie Guareschi Saturday, September 17, 2022 Community Development Director Rachel Juba informed Council a retirement party would be held for retiring firefighter Jodie Guareschi on Saturday, September 17, 2022 from 3-7 p.m. at the Rice Lake Centre. Petryk made motion, Miron seconded, to schedule a meeting to attend the retirement party for Jodie Guareschi on Saturday, September 17, 2022, at 3 p.m. All Ayes. Motion carried. Hugo City Council Meeting Minutes for August 15, 2022 Page 10 of 10 Liberty Classical Academy Fall Harvest Festival Saturday September 24, 2022 Staff was informed this event was being postponed until next year, and this was removed from the agenda. Adjournment Klein made motion, Strub seconded, to adjourn at 7:43 p.m. All Ayes. Motion carried. Respectfully Submitted, Michele Lindau City Clerk