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HomeMy WebLinkAbout2023.11.20 CC MinutesMINUTES City Council Meeting City Hall Council Chambers Monday, November 20, 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, Strub, Weidt COUNCIL ABSENT: Petryk OTHERS PRESENT: City Administrator Bryan Bear, City Attorney Dave Snyder, City Engineer Mark Erichson, Community Development Director Rachel Juba, City Clerk Michele Lindau Approval of Minutes for the City Council Meeting on November 6, 2023 Klein made motion, Miron seconded, to approve the minutes for the City Council meeting held on November 6, 2023, as presented. All Ayes. Motion carried. Approval of Minutes for the November 15, 2023, Community Meeting on Glacial Hills Master Plan Miron made motion, Klein seconded, to approve the minutes for the Community meeting held on the Glacial Hills Master Plan held on November 15, 2023, as presented. All Ayes. Motion carried. Approval of Agenda Weidt made motion, Klein to approve the agenda as presented. All Ayes. Motion carried. Approval of Consent Agenda Klein made motion, Strub seconded, to approve the following Consent Agenda: All Ayes. Motion carried. 1.Approve Claims Roster 2.Approve Resignation of Accounting Clerk Amber Lozier and Advertisement for the Position 3.Approve Midyear Performance Review for Public Works Mechanic Steve Garcia 4.Approve Hiring of Miguel Souffront as Public Works Worker 5.Approve Hiring of Richard Fox as Utility Lead Worker Council Meeting Minutes for November 20, 2023 Page 2 of 8 6.Approve Letter of Support for Otter Lake Road 7.Approve Reduction in Letter of Credit for The Shores of Oneka Lake 2nd 8.Approve Reduction in Letter of Credit for Rice Lake Reserve 3rd Addition 9.Approve Release of Cash Escrow for Hugo Gardens 10.Approve Release of the Letter of Credit and Cash Escrow for Oneka Place 3rd, 4th, and 5th Additions All Ayes. Motion carried. Approve Claims Roster Adoption of the Consent Agenda approved the Claims Roster as presented. Approve Resignation of Accounting Clerk Amber Lozier and Advertisement for the Position Amber was hired in February 2015 to work on the City’s Laserfiche project. In 2018, Amber became the City’s full-time Finance and Public Works Administrative Assistant, and in 2021 she was appointed as the new Accounting Clerk. Amber had accepted a job as an accounting clerk for the City of Stacy and had submitted her letter of resignation. Adoption of the Consent Agenda approved the letter of resignation from Accounting Clerk Amber Lozier effective November 22, 2023, and approved the advertisement for a new accounting clerk. Approve Midyear Performance Review for Public Works Mechanic Steve Garcia Steve Garcia was hired by the City as a full-time mechanic in June of 2022. Since his hiring, Steve had proven his abilities as a highly skilled mechanic. The mechanic position is considered a leadership position and aligned as such in the current Public Works flow chart. Current pay for the position is a Pay Grade 5 with a personal tools stipend of $140 per pay period. Public Works Director had completed a performance review for Steve recommended removal of the personal tools stipend and reassigning the position to a pay grade 6, which aligns with the Lead Worker positions. Adoption of the Consent Agenda approved the reassignment of the Public Works Mechanic position to Pay Grade 6 with the removal of the personal tool stipend and moving Steve Garcia to Step 5 on January 1, 2024. Approve Hiring of Miguel Souffront as Public Works Worker Public Works staff recently held interviews to fill a position that became vacant in September. Staff recommended Miguel Souffront be hired to fill the vacant position of Public Works Worker and begin work on Monday, December 4, 2023. Adoption of the Consent Agenda approved the hiring of Miguel Souffront as a Public Works Worker. Approval of Hiring Richard Fox as Utility Lead Worker At their February 6, 2023 meeting, the City Council approved the job description for a Public Works Utility Lead Worker and directed staff to search for a candidate to fill the position. Staff recommend Richard Fox be hired as the Utility Lead Worker. Adoption of the Consent Agenda approved the hiring of Richard Fox as Utility Lead Worker. Council Meeting Minutes for November 20, 2023 Page 3 of 8 Approve Letter of Support for Otter Lake Road Project The City of Lino Lakes had retained WSB to complete the final plans for Phase 1 of the Otter Lake Road project. This would extend from its current terminus to its intersection with 24th Avenue (Elmcrest) north of Heritage Parkway. The City of Lino Lakes was currently seeking funding through the Local Road Improvement Program (LRIP) for the project and had requested the City of Hugo provide a letter of support for the application. Adoption of the Consent Agenda approved the letter of support for the Otter Lake Road Extension Project. Approve Reduction in Letter of Credit for The Shores of Oneka Lake 2nd The Shores of Oneka Lake 2nd Addition had substantial work completed to date and M/I Homes of Minneapolis/St. Paul, LLC. had requested a reduction in the letter of credit. The current letter of credit for The Shores of Oneka Lake 2nd Addition was in the amount of $672,515. Adoption of the Consent Agenda approved the reduction in the letter of credit to $147,644 based on the value of work remaining to be completed. Approve Reduction in Letter of Credit for Rice Lake Reserve 3rd Addition The Rice Lake Reserve 3rd Addition had substantial work completed to date and M/I Homes of Minneapolis/St. Paul, LLC. had requested a reduction in the letter of credit. The current letter of credit for the Rice Lake Reserve 3rd Addition was in the amount of $1,583,045. Adoption of the Consent Agenda approved the reduction in the letter of credit to $170,532 based on the value of work remaining to be completed. Approve Release of Cash Escrow for Hugo Gardens The Hugo Gardens Project was complete and the punch-list had been completed and accepted by City staff. Hugo Garden Apartments, LLC. had requested the release in the Cash Escrow and final acceptance of the project. Adoption of the Consent Agenda approved the release in cash escrow for the Hugo Gardens (Jack Pine Place) Apartments and accept the improvements. Approve Release of the Letter of Credit and Cash Escrow for Oneka Place 3rd, 4th , and 5th Additions CPDC-Pratt-Oakwood, Limited Liability Partnership had requested the City release their letter of credit and cash escrow for the Oneka Place 3rd, 4th, and 5th Additions. The one-year warranty period had expired. Adoption of the Consent Agenda approved the release of the letter of credit and cash escrow being held for the constructed improvements for Oneka Place 3rd, 4th, and 5th Additions. Public Hearing on 125th Street and Dellwood Ridge Neighborhood Street Improvement Project On July 10, 2023, City Council authorized the preparation of a feasibility study for 2024 125th Street and Dellwood Ridge Neighborhood Street Improvement Project. City Council accepted the competed study at the October 16, 2023, City Council meeting and called for a Public Hearing to be held on November 20, 2023. Council Meeting Minutes for November 20, 2023 Page 4 of 8 City Engineer Mark Erichson identified the project location which consisted of 125th Street and streets within the Dellwood Ridge neighborhood. The project would entail roadway reclamation and paving of 125th Street and a complete roadway reconstruction and storm water improvements in the Dellwood Ridge Neighborhood He explained this project was identified in the City’s Capital Improvement Plan. The plan was reviewed every three years, and there had been significant changes to the CIP due to last year’s freeze/thaw cycle that damaged many roadways. Erichson showed pictures of existing conditions and provided details on the proposed improvements. The streets in Dellwood Ridge would have the pavement removed, subgrade corrections as needed, installation of concrete curb and gutter, and reconstruction of the storm sewer and stormwater management. 125th Street improvements would include recycling existing pavement, minor grading corrections, and stormwater and drainage improvements. He explained the assessment process as governed by MN Statute Chapter 429, and he highlighted the two required public hearings-the one this evening and the assessment hearing in the fall. Assessments were typically spread out over ten years, and the interest rate would be determined around the time of the assessment hearing. An option for deferral would be available for senior citizens or disabled, though interest would continue to accrue. Written objections needed to be presented in writing, and notice of an assessment appeal would need to be filed within 30 days of assessment adoption. Erichson provided project costs and information on the City’s assessment policy. The total project was estimated at $3,931,412. The assessment policy was last updated in 2013. According to that policy, property owners on streets receiving a complete reconstruction would be charged $5,200/unit. Those on streets receiving a roadway reclamation would be charged $3,400/unit. He explained the provision for a half assessment for corner lots and those with two frontages. Parcels that could be subdivided would be assessed accordingly, and Erichson stated that staff has had conversations with those land owners. Erichson said the City was only collecting 6.6% of the project costs via assessments, and he noted the City has been paying larger portions of road projects because costs have escalated over the years. Erichson provided the proposed schedule for the project and an update on concerns heard at the neighborhood meeting that was held on September 27, 2023. If the Council authorized the preparation of plans and specifications this evening, another open house to present the plans would be held in January, 2024. Construction would take place in Summer, 2024, and the assessment hearing would be held in October. Staff would be evaluating speeds to address neighborhood concerns. He talked about the current roadway in Dellwood Ridge being wider than the typical street standard. The cost of keeping the road at that width would be an additional $70,000. Mayor Weidt opened the public hearing Jody Lessard, 7426 125th Street North, said she had two properties. The property at 7124 was 80 acres. She said she had met with Erichson and Senior Engineering Technician Liz Finnegan and they proposed possibly four units to be assessed. She said she didn’t understand since the property was zoned agricultural and was rural vacant land, and if subdivided, parcels would be landlocked. Community Development Director Rachel Juba explained that it was zoned residential but not classified on the tax statement as residential. Juba explained that eight units could be fit on the property with the construction of a road, however, the City was proposing to Council Meeting Minutes for November 20, 2023 Page 5 of 8 assess only four. She invited Jody to meet with staff to go over the map of her parcel. Jody said she would like to meet, and she said she appreciated that the Council was looking at the speed issue. Eric Johnson, 12115 Heather Avenue North questioned the increase of $70,000 to maintain the entire width of the Heather as is. He asked if that was a low percentage of the project cost and if there would be discussions about keeping the current width. Erichson replied that the current width was unusually wide in a rural setting. He said wider roadways promote faster speeds, and Public Works had interest in it being the standard 28 feet wide due to snow drifting and issues with removing snow and storage of snow. The two feet on each side would be restored to grass. Erichson said if there was concern, more conversations could be had with residents. Eric asked if they could look at another urban roadway to compare the width, and Erichson replied he could meet with him and show him. John Hartman, 12215 Upper Heather Avenue North, said he seconded the concern about the narrowing of the road. He said a lot of people walk on that road since there is no other place to walk without the speeding traffic. He had concerns on drainage and was worried that it would drain into to his driveway. He also commented on the width of the road saying kids are at play, and he wondered how it was determined a narrower road reduced speed. Erichson replied that there would be additional storm sewer inlets identified on the preliminary design to correct drainage. He talked about studies that were done with traffic calming techniques and said he could provide documentation. Paul Donna, 12350 Upper Heather Avenue North, said he was in favor of the project and it was long overdue. He said he had concerns and questions regarding the narrowing of the road and hoped the decision could be postponed until that was figured out. Aaron Zellmer, 12465 Upper Heather Avenue North, also had concerns about narrowing the road saying they were in more of a rural residential setting, and cars parked on the side of the road that create blind spots for the kids to be. Tractors also go through the neighborhood when they are baling hay. He asked if it was going to be a rolling curb or at a 90-degree angle. Erichson replied they typically put in more of a vertical curb rather than a rolling curb if they know where the driveways are, and he asked Aaron if he had a concern or preference. Aaron replied that with the larger lots, people have lawn tractors and four wheelers they use to maintain their property, and a 90-degree curb would be harder to get over. Erichson said he would review it with the Public Works staff, and if Council was inclined to have another neighborhood meeting to discuss road widths, the curb could be discussed as well. Brett Buelke, 12460 Heather Avenue North, said he had phone conversations with Erichson, and he appreciated that. He asked what the current width of the road was. Erichson replied it was 32 feet, and the plan was to take it two feet in on both sides. Brett said it was nice to have that extra width to walk. He said they get a lot of walkers from 125th Street, and was nice to have a few extra feet for walking, biking, and at dark. He would like to see the width stay the same as it was currently. There were no other comments, and the Mayor closed the public hearing. Miron noted that most comments were about road widths. He said road projects in other sections of the City were looked at with a sidewalk or pedestrian walkway, and he wondered if that was Council Meeting Minutes for November 20, 2023 Page 6 of 8 evaluated as part of this process. Erichson replied there didn’t seem to be an interest in sidewalks, and it was not real cost effective in large and treed areas. He said sidewalks often involve tree removal and it often feels like it is encroaching on the home. He said often retrofitting was challenging because you don’t have consensus of the neighborhood. Weidt asked Erichson how he thought this should be handled moving forward. Erichson replied that he would be happy to engage with the Heather Avenue community. He said Public Works was the driving force behind the desire to have the road narrowed, and they could be present at the meeting. City Administrator Bryan Bear suggested the neighborhood open house in January include further discussion on road width and pedestrian options. Erichson replied that the plans would be close to completion, and he would like to set up another meeting with those residents in that portion of the project prior to that. Klein agreed it would be worth the time sit down with residents since they are the ones that live there. Miron said he understood from Erichson there was a preference by Public Works to narrow the road, but without Public Works input, it was hard for everyone to understand. He said it would be good to have them part of the conservation to weigh all factors when making a decision on the roadway. Strub said more communication is better. They were getting good feedback and should address what they can. Klein made motion, Strub seconded, to approve RESOLUTION 2023-41 ORDERING THE PROJECT AND AUTHORIZING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE 2024 125th STREET AND DELLWOOD RIDGE NEIGHBORHOOD STREET IMPROVEMENT PROJECT. Weidt added there would be an additional discussion on road width and the final design of the project. All Ayes. Motion carried. Discussion on PFAS City Administrator Bryan Bear explained the City had received documents concerning a Class Action Lawsuit with 3M, Dupont, and others related to a settlement concerning PFAS in public drinking water supplies. These notices were received by hundreds of water utilities across the country and it required the City to take some action concerning its participation. City Attorney Dave Snyder had reviewed this item and was ready to make a recommendation to the Council. Snyder explained this was a large class action lawsuit that has been consolidated in South Carolina to handle the issue of PFAS contamination in municipal water supplies. Most municipal water suppliers were included in the contemplated settlement. There was an option to opt-out of the settlement with deadlines of December 4 and December 11 for 3M and DuPont respectively. Snyder said he felt that the City would be best served to remain in this class action Council Meeting Minutes for November 20, 2023 Page 7 of 8 lawsuit and not opt out. If the City did opt out, it would be obliged to wait and see what comes in addressing the claims and damages and potentially bringing litigation that was not necessarily feasible or inexpensive in solving the claims on this issue. Opting out could potentially bring litigation at a different time. His recommendation was to remain in, and in order to accomplish that, the City would need to provide information on wells that would be sorted out through future years as they are put through a maze of tests and inquires. If the City retained a law firm to handle the matter on behalf of the City, those efforts would be managed by the firm. The firm would be retained on a contingent fee basis. This would be a no or low-cost approach to keep a foot in the door relative to settlement money. He said his best recommendation would be to remain involved and not opt out, and authorize the City Attorney to appoint special council for that purpose. Strub asked about the testing of PFAS. Bear replied that the Health Department tests municipal water supplies, and there was some discussion on the methodology of the tests. There are thousands of PFAS chemicals that could be tested for. The ones of concern in the lawsuit have been tested for in Hugo and were not present in the water. A theory was that all water supplies may end up with certain levels of these chemicals in them, but it was unknown what the thresholds were or would be. If the City’s threshold was above those numbers, the City would be required to treat the water to remove those chemicals, which could be quite expensive. He believed there may be trace amounts of these chemicals but did not believe the primary ones in this lawsuit would be found in the City’s water. Strub asked about private wells. Snyder responded this lawsuit was for municipal wells. For those that have private wells, there were some treatment options, but most of those well were in the southeast metro, and the state was making some monies available through their settlements. Weidt said he appreciated the memo and agreed the City should remain a participant in the lawsuit. He agreed with the City Attorney’s recommendation to retain special council. Klein made motion, Miron seconded, to continue with the litigation going forward and allow Attorney Dave Snyder to put a special council together. All Ayes. Motion carried. Schedule White Bear Lake Hearing for Monday, December 11, 2023 City Administrator Bryan Bear informed Council the City of Hugo was scheduled to testify at the evidentiary hearing on the White Bear Lake Lawsuit on Monday, December 11, 2023, at 9:30 a.m. at the Office of Administrative Hearings in the Stassen Building. Bear suggested they arrive at least 15 minutes early. Miron made motion, Strub seconded, to schedule a meeting to attend the December 11, 2023 hearing. All Ayes. Motion carried. Miron asked about virtual option. Bear indicated he would keep them informed if one was available. Council Meeting Minutes for November 20, 2023 Page 8 of 8 Schedule Public Engagement Session on Met Council’s Governance on Thursday, December 14, 2023 City Administrator Bryan Bear informed Council they were invited to attend a Public Engagement Session to provide feedback on the Metropolitan Council’s Governance. The Session was to be held at the Lake Elmo City Center on December 14, 2023, from noon to 2 p.m. Klein made motion, Strub seconded, to schedule a meeting to attend the December 14, 2023 Public Engagement Session. All Ayes. Motion carried. Adjournment Strub made motion, Miron seconded, to adjourn at 7:54 p.m. All Ayes. Motion carried. Respectfully Submitted, Michele Lindau, City Clerk