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HomeMy WebLinkAbout2023.10.16 CC MinutesMINUTES City Council Meeting City Hall Council Chambers Monday, October 16, 2023 7:00 p.m. Call to Order Mayor Weidt called the meeting to order at 7:00 p.m. Roll Call COUNCIL PRESENT: Klein, Miron, Petryk, Weidt COUNCIL ABSENT: Strub OTHERS PRESENT: City Administrator Bryan Bear, City Engineer Mark Erichson, City Clerk Michele Lindau Approval of Minutes for the September 30, 2023, Kidz ‘n Biz Festival Klein made motion, Petryk seconded, to approve the minutes for the Kidz ‘n Biz Festival held on September 30, 2023, as presented. All Ayes. Motion carried. Approval of Minutes for the October 2, 2023, Council Meeting Petryk made motion, Klein seconded, to approve the minutes for the Council meeting held on October 2, 2023, as presented. All Ayes. Motion carried. Approval of Minutes for the October 2, 2023, Council Executive Session Klein made motion, Miron seconded, to approve the minutes for the City Council Executive Session to discuss the White Bear Lake Lawsuit on October 2, 2023, as presented. All Ayes. Motion carried. Approval of Minutes for the October 7, 2023, Citywide Bus Tour Miron made motion, Klein seconded, to approve the minutes for the Citywide Bus Tour held on October 7, 2023, as presented. All Ayes. Motion carried. Approval of Minutes for the October 7, 2023, Hugo Fire Department Open House Klein made motion, Petryk seconded, to approve the minutes for the Hugo Fire Department open house held on October 7, 2023, as presented. All Ayes. Motion carried. Council Meeting Minutes for October 16, 2023 Page 2 of 6 Approval of Agenda Weidt made motion, Miron seconded, to approve the agenda as presented. All Ayes. Motion carried. Approval of Consent Agenda Klein made motion, Petryk seconded, to approve the following Consent Agenda: 1.Approve Claims Roster 2.Approve Donation to the Hugo Fire Department from the Oneka Ridge Golf Course 3.Approve Resolution Approving Encroachment Agreement for 5841 130th Lane North – Johnstone 4.Approve Resolution Approving Encroachment Agreement for Adelaide Landing Master Association 5.Approve Extension of Comprehensive Plan Amendment, Site Plan, Conditional Use Permits, Variance, and Minor Subdivision for Hugo Estates All Ayes. Motion carried. Approval of Claims Adoption of the Consent Agenda approved the Claims Roster as presented. Approve Donation to the Hugo Fire Department from the Oneka Ridge Golf Course The Oneka Golf Course wanted to donate $1,400 to the Hugo Fire Department for AEDs. All donations to the Fire Department needed to be approved by Council. Adoption of the Consent Agenda approved the $1,400 donation from the Oneka Ridge Golf Course. G.4 Approve Resolution Approving Encroachment Agreement for 5841 130th Lane North – Johnstone Richard and Pamela Johnstone had requested an encroachment agreement to construct a fence within a drainage and utility easement on property located at 5841 130th Lane North. Senior Engineering Technician Liz Finnegan had reviewed the location of the fence and was comfortable with the request. Adoption of the Consent Agenda approved RESOLUTION 2023- 34 APPROVING AN ENCROACHMENT AGREEMENT TO ALLOW CONSTRUCTION OF A FENCE WITHIN A DRAINAGE AND UTILITY EASEMENT ON THE PROPERTY LOCATED AT 5841 130TH LANE NORTH. Approve Resolution Approving Encroachment Agreement for Adelaide Landing Master Association The Adelaide Landing Master Association had requested an encroachment agreement to allow construction of a fence within a drainage and utility easement on several properties located in the Adelaide Landing 6th Addition development. The proposed location for the fence included the east property line of seven residential lots, the right-of-way of 132nd Street North, and a portion of the platted Outlot A. The Senior Engineering Technician had reviewed the location of the Council Meeting Minutes for October 16, 2023 Page 3 of 6 fence and was comfortable with the request. Adoption of the Consent Agenda approved RESOLUTION 2023-35 APPROVING AN ENCROACHMENT AGREEMENT TO ALLOW CONSTRUCTION OF A FENCE WITHIN A DRAINAGE AND UTILITY EASEMENT ON PROPERTIES LOCATED IN ADELAIDE LANDING 6TH ADDITION. Approve Extension of Comprehensive Plan Amendment, Site Plan, Conditional Use Permits, Variance, and Minor Subdivision for Hugo Estates At its November 7, 2022, meeting, Council approved a Comprehensive Plan Amendment, Site Plan, Conditional Use Permits, Variance, and Minor Subdivision for Hugo East / Arbor Meadows development for apartments and manufactured homes to be located north of the Hugo Estates Trailer Park at 15057 Forest Boulevard. TPP, LLC c/o Summit Management, LLC had requested a two-year extension on the approvals while they continued to work on construction plans with a new deadline of November 7, 2025. Adoption of the Consent Agenda approved a two-year extension for Hugo East/Arbor Estates Development. Approve Hiring of Jim Compton, Jr. as New Fulltime Fire Chief The City had received 13 applications for the fulltime Fire Chief position and held interviews on October 4 and October 9. After careful consideration, the interview team recommended Council approve the hiring of the existing Fire Chief Jim Compton, Jr. as the new fulltime Fire Chief effective November 20, 2023. Mayor Weidt removed this from the Consent Agenda and explained the long process that began with first deciding whether to hire a fulltime fire chief. Earlier this year, with a recommendation from a subcommittee, Council agreed to add this position, and a competitive salary range was set. Weidt spoke about the process and the great candidates that applied, saying he felt they made a good selection. He invited Compton to speak. Compton talked about his years on the department and how much he appreciated the opportunity to be the City’s first fulltime Fire Chief. He said he was honored to do this for the City, and it could not be done without the support of his wife and the support of the Council. There were two rounds of interviews held by the interview team consisting of City Administrator Bryan Bear, Public Works Director Scott Anderson, Finance Director Anna Wobse, Community Development Director Rachel Juba, and Sergeant Joe Zerwas. A final round of interviews included Mayor Tom Weidt, and Council Member Mike Miron on the team that interviewed three finalists. Bear stated any three of the finalists would have made a good fire chief, but what made Compton, Jr. stand out was his proven ability to lead and connect with the part time on call individuals on the Fire Department. The Mayor and Council congratulated Compton. Weidt made motion, Miron seconded to approve the hiring of Jim Compton, Jr. as the new fulltime Fire Chief. Role call vote- Ayes: Klein, Miron, Petryk, Weidt Nays: None Motion carried. Council Meeting Minutes for October 16, 2023 Page 4 of 6 Public Hearing on the Birch Tree Ponds Area Street Project Assessments At the September 14, 2023, meeting, Council adopted a resolution declaring costs to be assessed for the 2023 Birch Tree Ponds Area Street Improvements and scheduled the assessment hearing on the proposed assessments for October 16, 2023. The Notice of Assessment Hearing has been published in the official newspaper and mailed to the owners of each parcel described in the assessment roll at least two weeks prior to the hearing. Erichson provided the background on the project beginning with authorization to prepare a feasibility study in July, 2022 and the first neighborhood meeting held on September 29, 2022. On March 6, 2023, City Council awarded the contract for the project to Northwest Asphalt, Inc. Erichson provided a PowerPoint showing the project location and explained the types of improvements that include partial road reconstruction and urban roadway mill and overlay improvements. He showed several before and after photos of the project. He provided information on the assessment policy saying 34% of the $1,959,000 project cost would be covered by assessments and the remaining $1,286,100 would come from City funds. According to the assessment policy, property owners on a road that had a partial reconstruction would be assessed $4,100 per unit. For property owners on a road that had a mill and overlay, the assessment would be $2,100 per unit with the exception of corner lots that would be prorated. Erichson explained the assessment process was governed by Minnesota Statute Chapter 429, and the City goes above and beyond the required number of meetings before the adoption of the assessments. Assessments would be spread over a ten-year period at a 5.25% interest rate. Assessments could be prepaid without interest for 30 days, until November 15, 2023. Unpaid assessments would be certified to the County in the Fall for taxes payable in 2024. A senior citizen deferral was available for those over 65, and Erichson noted that interest would still accrue. Notices would be sent out with all this information. The City had received a letter from Tim and Michele Riermersma who opposed their assessment. Erichson wanted this in the record and said he did not believe anyone from staff had talked to them about the project and said he was willing to discuss it with the property owner. Mayor Weidt opened the public hearing. Tim and Michele Riemersmas, 13545 Freeland Avenue North Hugo were present, and Michele stated they would be happy to discuss this with staff. She said the assessment was not equal to what was done in front of their home. She said she had no idea how large the assessment amount would be, and Tim added they were disabled on a fixed income. Erichson replied that the assessment amount and the assessment policy had been discussed in several meetings. Miron asked about the deferral process, and Bear replied it was a City policy and governed by the state. He suggested the Riemersmas make a request for the deferral, and it would be evaluated. Dorann Lohrke, 14079 Fountain Avenue North, said she was pleased with the job that was done. She said she had lived in her home since 1985. She asked about making the payment. Erichson restated the information on payments and said a notice with that information would be sent out in the mail the following morning. Payments would be made to the City of Hugo Council Meeting Minutes for October 16, 2023 Page 5 of 6 Michelle Lorentz, 6140 135th Street North, asked why she was paying when she didn’t get any new curbs or an apron, and others got half of a new driveway. Erichson explained staff looks at projects as a whole. Curbs and gutters were evaluated, and a lot of it was in good condition and not needing replaced. He explained assessments are not related to what happens in front of the house. Assessments are at set rate, and every parcel is the same. Staff evaluates for damage, drainage, and modifications to grades. Erichson will reach out to meet with her and possibly the Senior Engineering Technician Liz Finnegan. Michelle said she would like to make an appointment, and Erichson told her how to contact him. A resident at 5965 138th Street North said she wanted to say “thank you” and the project looked great. She said she had met with Liz and was appreciative of that. She said they did discover drainage problems, but overall it worked well, and she thanked the Council. Robert Pasqualini, 13810 Foxhill Avenue North, said they love the new street. He said they weren’t aware they had to pay this interest and there was a short deadline to pay before it goes on taxes and interest accrues. Ericson replied the property owners have the ability to pay in full before November 15 with no interest, and they could also pay off any remaining portion of the balance every year there after. Bear added that a mailing would be going out the following day with instructions, and he encouraged anyone to contact the City’s Finance Director with questions. There were no other comments, and Weidt closed the public hearing. Miron talked about staff’s willingness to visit folks onsite. Much of the project was being paid for with the City’s taxpayers’ dollars. It is a goal to keep costs reasonable by not fixing things that don’t need repaired, but still provide a good project with a quality road. He encouraged residents to contact staff with questions. Klein made motion, Petryk seconded, to approve RESOLUTION NO. 2023 -36 RESOLUTION ADOPTING ASSESSMENTS FOR THE 2023 BIRCH TREE PONDS AREA STREET IMPROVEMENT PROJECT. Role call vote- Ayes: Klein, Miron, Petryk, Weidt Nays: None Motion carried. Approve Resolutions Approving Feasibility Study and Set Public Hearing for the 125th and Dellwood Ridge Development Street Improvement Project City Engineer Mark Erichson explained the 2024 125th Street and Dellwood Ridge Neighborhood Street Improvement Project consisted of roadway reclamation and paving of 125th Street and complete roadway reconstruction and storm water improvements in the Dellwood Ridge Neighborhood area. The roadway reclamation and paving would include 125th Street North from Goodview Avenue North to 122nd Street North (CSAH 7). Work on Upper Heather Avenue North from 125th Avenue North to Heather Avenue North and Heather Avenue North from 125th Avenue North to 120th Street North (CSAH 7) would involve complete reconstruction and storm water improvements. Erichson provided a PowerPoint with photos showing the current road conditions. A neighborhood informational meeting was held on September 27, 2023. Council Meeting Minutes for October 16, 2023 Page 6 of 6 Erichson explained the total estimated cost for the project was $3,931,412. Property owners on the streets receiving the complete reconstruction would be assessed $5,200 per unit, and owners of property on streets receiving road reclamation and paving would be assessed $3,400 per unit, with the exception of corner lots which would be prorated. Larger parcels would be assessed according to how many parcels could be created under the current zoning. Assessments would pay for 6.6% of the total costs of the project. The remaining cost would be paid with County funds and City Street Funds. Erichson recommended the Council accept the feasibility study and set the public hearing for November 20, 2023. Construction would take place in June- September, 2024. Miron asked about the larger lots that could be subdivided and wondered if the plan was to speak to them prior to the meeting. Erichson confirmed it was and said he had already had some of those meeting. Miron made motion, Klein seconded, RESOLUTION NO. 2023-37 A RESOLUTION RECEIVING THE FEASIBILITY REPORT AND SETTING THE PUBLIC HEARING FOR THE 2024 125th STREET AND DELLWOOD RIDGE NEIGHBORHOOD STREET IMPROVEMENT PROJECT. All Ayes. Motion carried. Reminder - White Bear Lake Hearing on Tuesday, October 17, 2023 The Council had scheduled a meeting to attend the evidentiary hearing in the matter the White Bear Lake Lawsuit on Tuesday, October 17, 2023, in Room 2040 at the Saint Paul offices of the Office of Administrative Hearings. Bear explained the hearing dates had been modified, and he was not expecting testimony to be as scheduled. He suggested the Council consider canceling the October 17 meeting, and the City’s testimony would likely be next Monday. Bear will find out if there is a video option. Becky made motion, Klein seconded, to reschedule a meeting to attend the hearing on Monday, October 23, 2023, at 9:30 a.m. All ayes. Motion carried. Adjournment Klein made motion, Petryk seconded, to adjourn at 8:02 p.m. All Ayes. Motion carried. Respectfully Submitted, Michele Lindau, City Clerk