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HomeMy WebLinkAbout2023.12.18 CC MinutesMINUTES City Council Meeting City Hall Council Chambers Monday, December 18, 2023 7:00 p.m. Call to Order Acting Mayor Miron called the meeting to order at 7:00 p.m. Roll Call COUNCIL PRESENT: Klein, Miron, Petryk, Strub COUNCIL ABSENT: Weidt 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 December 4, 2023, City Council Meeting Klein made motion, Strub seconded, to approve the minutes for the City Council meeting held on December 4, 2023, as presented. All Ayes. Motion carried. Approval of Minutes for the December 6, 2023, Santa Party Petryk made motion, Klein seconded, to approve the minutes for the Santa Party held on December 6, 2023, as presented. All Ayes. Motion carried. Approval of Minutes for the December 7, 2023, Holiday Party Klein made motion, Strub seconded, to approve the minutes for the Holiday Party held on December 7, 2023, as presented. All Ayes. Motion carried. Approval of Minutes for the December 11, 2023, White Bear Lake Lawsuit Hearing Klein made motion, Petryk seconded, to approve the minutes for the White Bear Lake Lawsuit Hearing held on December 11, 2023, as presented. All Ayes. Motion carried. Council Meeting Minutes for December 18, 2023 Page 2 of 11 Approval of Minutes for the December 13, 2023 Dellwood Ridge Neighborhood Meeting Petryk made motion, Strub seconded, to approve the minutes for the Dellwood Ridge Neighborhood meeting held on December 13, 2023, as presented. All Ayes. Motion carried. Approval of Agenda Miron made motion, Klein seconded, to approve the agenda as presented. All Ayes. Motion carried. Senator Karin Housley Senator Karin Housley was in attendance to present information on the past legislative session. Senator Housley explained she was serving her fourth term and became Hugo’s representative when she took Roger Chamberlain’s place after redistricting. She said it was a rough year with the house and senate being ruled by democrats and things went far to the left with everything that was approved during the session. Going into the session, there was 17.5 billion dollars in surplus that was spent in the first four and a half months, and they then increased taxes by ten billion more dollars. She said she was very worried about more things to come that will increase taxes, and she felt most Minnesotans want someone watching over government spending. Everyone in the House was up for reelection in 2024, and Housley said it remained to be seen what the people want. Housley talked about the new laws in 2023 that included the Earned Safe and Sick Time and the Family Paid Leave Law. She said she receives most calls on this, especially from small business that are very impacted, and many are moving over the border to Wisconsin. At the first of the year, the minimum wage will also be increased 2.5%. Menstrual products need to be offered in all bathrooms from fourth to twelfth grade, and MN sports license plates and blackout license will be available as of January 1. Housley had proposed a bill to privatize driver license exams to deal with the problem of getting appointments, but instead they have set up a website to improve scheduling. Housley said she sits on the Housing Committee, Jobs Committee, and is the Republican Minority Lead for the Bonding Committee. This is supposed to be a bonding year. She has heard they are planning on doing another one-million bonding bill and they are getting feedback on what projects people want. Housley talked about the necessity of tweaking the language for school resource officers to make sure they can do their job to the fullest. Housley concluded by saying it was an honor to represent Hugo at the State Capitol and working with the Council. She said she appreciated Bear’s support with bill language and knowledge on water issues. Miron expressed appreciation for her support at the Capital. Council Meeting Minutes for December 18, 2023 Page 3 of 11 Approval of Consent Agenda Klein made motion, Petryk seconded, to approve the following Consent Agenda: All Ayes. Motion carried. 1.Approve Claims Roster 2.Approve Annual Performance Review for Building Inspector Scott Baller 3.Approve Annual Performance Review for Community Development Director Rachel Juba 4.Approve Annual Performance Review for Public Works Worker Neal Nelson 5.Approve Resignation of Matt Drew as Lieutenant on the Hugo Fire Department 6.Approve Retirement of Mark Koll from the Hugo Fire Department 7.Approve Employment Status Change for Utility Billing Clerk Jodie Guareschi to Part- Time Status 8.Approve Amendment to the Personnel Policy on Earned Safe and Sick Time 9.Approve Renewal of Term for Planning Commissioner Steve Andress 10.Approve Renewal of Terms for Parks Commissioners Mathew Rauschendorfer, Emily McGinnity and Alternate Member Jim Compton, Sr. 11.Approve Renewal of Terms for Historical Commissioners Kathy Brevig and Craig Moen 12.Approve Resolution on Statutory Tort Liability Limits 13.Approve Resolution Certifying Delinquent Utility Accounts 14.Approve Ordinance Establishing 2024 Fee Schedule and Publication of Summary Ordinance 15.Approval Resolution Setting 2024 Salary and Reimbursement Levels 16.Approve Washington County Sheriff’s Office Agreement for Law Enforcement Services 17.Approve MOU with Washington County to Opt-In for the Voter Operations, Technology, and Election Resources Account 18.Approve Lawful Gambling Exempt Permit for Forest Lake Ducks Unlimited for Banquet at Sal’s Angus Grill 19.Approve the Final Pay Request No. 4 for the 2022 Oneka Parkway Improvement Project 20.Approve Pay Request No. 4 for the TH61/159th Street Roundabout Improvement Project 21.Approve Pay Request No. 1 for the Lift Station 12 Project 22.Approve Reduction in Letter of Credit for Adelaide 6th, 7th and 8th Additions 23.Approve Purchase of Bearcat Debris Loader 24.Approve Amendment to Cooperative Agreement with Washington County for the Hugo Yard Waste Collection Site All Ayes. Motion carried. Approval of Claims Adoption of the Consent Agenda approved the Claims Roster as presented. Council Meeting Minutes for December 18, 2023 Page 4 of 11 Approve Annual Performance Review for Building Inspector Scott Baller Scott Baller was hired by the City as a Building Inspector on January 1, 2006. Adoption of the Consent Agenda approved the annual performance review for Building Inspector Scott Baller. Approve Annual Performance Review for Community Development Director Rachel Juba Rachel Juba was hired as the City’s new Associate Planner on January 2, 2007, and promoted to Planner in 2010, then Community Development Director in May, 2018. Adoption of the Consent Agenda approved the annual performance review for Community Development Director Rachel Juba. Approve Annual Performance Review for Public Works Worker Neal Nelson Neal Nelson was hired on January 3, 2017, as a Public Works Worker. Adoption of the Consent Agenda approved the Annual Performance Review for Neal Nelson. Approve Resignation of Matt Drew as Lieutenant on the Hugo Fire Department Matt Drew had been on the Hugo Fire Department since December, 2015, and served as Safety Lieutenant since April, 2019. Matt had submitted a request to resign as a Lieutenant and remain on the department as a regular firefighter. Adoption of the Consent Agenda approved the resignation of Matt Drew as a Lieutenant on the Hugo Fire Department. Approve Retirement of Mark Koll from the Hugo Fire Department Firefighter Mark Koll was hired on November 3, 2003. After over 20 years on the Department, Mark had summited his letter of retirement. Adoption of the Consent Agenda approved the retirement of Mark Koll from the Hugo Fire Department effective January 5, 2024. Approve Employment Status Change for Utility Billing Clerk Jodie Guareschi to Part- Time Status Jodie Guareschi had been the City of Hugo’s Utility Billing Clerk since June 17, 2002. With the shifting of duties, staff had requested Council approve an employment status change to part-time for Jodie Guareschi effective January 1, 2024, at a rate of pay of $35.50 per hour, for 15 hours per week maximum. Adoption of the Consent Agenda approved the change in employment status for Utility Billing Clerk Jodie Guareschi to part-time. Approve Amendment to the Personnel Policy on Earned Safe and Sick Time A new law passed during the 2023 legislative session required employers to provide employees with Earned Sick and Safe Time (ESST). The new law became effective January 1, 2024, and applied to any employer with one or more employees and covered all employees including full- time, part-time, temporary, and paid on call firefighters. Under the law, employees would earn, at a minimum, one hour ESST for every 30 hours worked. If an employee currently earned that amount or more under other paid leave, no additional time was required. Staff had reviewed the law and the options to meet the requirements and had found the City’s current Personal Leave for full-time employees exceeded the minimum standards. Part-time and temporary employees and Council Meeting Minutes for December 18, 2023 Page 5 of 11 paid on call firefighters would need to earn one hour to be used as ESST for every 30 hours worked. Staff had revised the personal policy to meet the requirements. Adoption of the Consent Agenda approved the revised Personal Policy to include the ESST law requirements. Approve Renewal of Term for Planning Commissioner Steve Andress The term for Planning Commissioner Steve Andress was to expire on December 31, 2023. Steve indicated he would like to be reappointed for another four-year term. Adoption of the Consent Agenda Approved the reappointment of Commissioner Steve Andress for another four-year term on the Planning Commission to expire December 31, 2027. Approve Renewal of Terms for Parks Commissioners Mathew Rauschendorfer, Emily McGinnity and Alternate Member Jim Compton, Sr. Terms for Parks Commissioners Mathew Rauschendorfer, Emily McGinnity and Alternate Member Jim Compton, Sr. were to expire on December 31, 2023. All had indicated they wanted to be reappointed for another three-year term. Adoption of the Consent Agenda approved the reappointment of Mathew Rauschendorfer, Emily McGinnity and Alternate Member Jim Compton, Sr. for another three-year term on the Parks Commission to expire on December 31, 2026. Approve Renewal of Terms for Historical Commissioners Kathy Brevig and Craig Moen Terms for Historical Commissioners Kathy Brevig and Craig Moen were to expire on December 31, 2023. Both had indicated they wanted to be reappointed for another three-year term. Adoption of the Consent Agenda approved the reappointment of Kathy Brevig and Craig Moen for another three-year term to expire on December 31, 2026. Approve Resolution on Statutory Tort Liability Limits In the late 1990’s the League of Minnesota Insurance Trust required each City that obtained liability coverage from them to decide whether or not to waive the statutory tort liability limits to the extent of coverage purchased. Currently these limits were $500,000 per claimant and $1,500,000 per occurrence. At that time the City Council opted not to waive the statutory limits. LMCIT required each member city to reaffirm their position on an annual basis. Adoption of the Consent Agenda approved RESOLUTION NO. 2023-46 NOT TO WAIVE STATUTORY TORT LIABILITY LIMITS. Approve Resolution Certifying Delinquent Utility Accounts Annually, the Finance Department reviewed all delinquent utility bills, which were the result of nonpayment or underpayment of water and sewer utility bills. In accordance with City Ordinance, Council was required to adopt a resolution to certify delinquent utility bills to the property tax rolls. Property owners who had not paid their outstanding utility bill would have it certified to the property tax rolls. Adoption of the Consent Agenda approved RESOLUTION NO. 2023–47 CERTIFYING UNPAID UTILITY BILLS TO THE COUNTY AUDITOR FOR COLLECTION. Council Meeting Minutes for December 18, 2023 Page 6 of 11 Approve Ordinance Establishing 2024 Fee Schedule and Publication of Summary Ordinance City staff annually reviewed the schedule of fees, rates and charges and recommended changes. The Finance Department had reviewed these changes and incorporated them into the fee schedule for 2024. Adoption of the Consent Agenda approved ORDINANCE NO. 2023-529 AUTHORIZING ESTABLISHMENT OF FEES, RATES AND CHARGES and the Summary Ordinance for Publication. Approve Resolution Setting 2024 Salary and Reimbursement Levels At the Mid-Year Budget Review Workshop, the City Council indicated their willingness to adjust the City’s salary matrix by 4.5% and to grant step increases to those employees who had not yet reached their pay grade maximums. Council approved the 2024 budget containing these adjustments at their December 4, 2023 Council Meeting. Thirteen of the City’s twenty-six full- time employees will receive step increases. The net aggregate dollar increase was $138,644 and the overall budget for employee wages would increase by 5.33%. Using state supplied software the Finance Department verified that the City would remain in compliance with Pay Equity Statutes. Adoption of the Consent Agenda approved RESOLUTION NO. 2023-48 SETTING 2024 SALARIES FOR CITY EMPLOYEES AND ESTABLISHING EMPLOYEE REIMBURSEMENT LEVELS. Approve Washington County Sheriff’s Office Agreement for Law Enforcement Services The agreement with Washington County for law enforcement services expired at the end of the year. Washington County had provided a new agreement that reflected seven deputies, one sergeant, and one detective for the City of Hugo. The terms of the agreement would remain the same as the current agreement that was executed in 2022. Adoption of the Consent Agenda approved the Agreement for Law Enforcement Services with Washington County Sheriff’s Office that will remain in effect for a period of two years. Approve MOU with Washington County to Opt-In for the Voter Operations, Technology, and Election Resources Account The 2023 Legislature established the Voting Operations, Technology, and Election Resources Account that would allocate $1.25 million to the MN Office of the Secretary of State annually to be distributed to counties. Counties then distribute allocated funds to municipalities by December 31st of each year, and Hugo’s share would be $823.50. These funds could be used for any purpose that was directly related to election administration including equipment. Staff would to use these funds help purchase booths to replace old booths that are no longer functional. Adoption of the Consent Agenda approved the Memorandum of Understanding to Opt-In for the Voter Operations, Technology, and Election Resources Account. Council Meeting Minutes for December 18, 2023 Page 7 of 11 Approve Lawful Gambling Exempt Permit for Forest Lake Ducks Unlimited for Banquet at Sal’s Angus Grill Forest Lake Ducks Unlimited had applied for a Lawful Gambling Exempt Permit to hold Bingo and raffles during their banquet on January 14, 2024, at Sal’s Angus Grill. The permit would be issued by the MN Gambling Control Board after approval by the City Council. Adoption of the Consent Agenda approved the Lawful Gambling Exempt Permit for Forest Lakes Ducks Unlimited. Approve Final Pay Request No. 4 for the 2022 Oneka Parkway Improvement Project North Valley, Inc. had submitted Pay Request No. 4 in the amount of $259,004.11 for work certified through November 30, 2023, on the Oneka Parkway Project. The punch-list had been completed and this was the final pay application for the project. Adoption of the Consent Agenda approved payment to North Valley, Inc. in the amount of $259,004.11 and formally accepted the project. Approve Pay Request No. 4 for the TH61/159th Street Roundabout Improvement Project Arnt Construction Company had submitted Pay Request No. 4 in the amount of $116,513.27 for work certified through November 30, 2023, on the TH61/159th Street Roundabout Improvement Project. Substantial work had been completed on the project and punch-list items would be completed in the spring. Adoption of the Consent Agenda approved payment to Arnt Construction Company in the amount of $116,513.27. Approve Pay Request No. 1 for the Lift Station 12 Project C.W. Houle, Inc. had submitted Pay Request No. 1 in the amount of $256,060.38 for work certified through November 30, 2023, on the Lift Station No. 12 Project. After an unforeseen start to the project, work was progressing in the right direction and just under 30% of the project had been completed. Adoption of the Consent Agenda approved payment to C.W. Houle, Inc. in the amount of $256,060.38. Approve Reduction in Letter of Credit for Adelaide 6th, 7th and 8th Additions Adelaide Landing 6th, 7th and 8th Additions were completed and just had punch-list items remaining to finish in the spring. The developer was requesting reductions in the letters of credit. The current letter of credit for the 6th Addition was in the amount of $251,903.62. Staff had inspected the work completed to date and recommended Council approve the reduction in the letter of credit to $185,423. This was a reduction to 10% of the original letter of credit of $1,854,238. The current letter of credit for the 7th and 8th Additions was in the amount of $192,444. Staff had inspected the work completed to date and recommended Council approve the reduction in the letter of credit to $19,244. This was a reduction to 10% of the original letter of credit of $192,444. Adoption of the Consent Agenda approved the reduction in the letter of credit for Adelaide 6th addition to $185,423 and reduction in the letter of credit for Adelaide 7th and 8th to $19,244. Council Meeting Minutes for December 18, 2023 Page 8 of 11 Approve Purchase of Bearcat Debris Loader Public Works staff requested Council authorization for the purchase of a Bearcat debris loader to assist crews in the cleanup of leaves and soft vegetation debris from the landscaped areas of City owned property. This piece of equipment would save labor and time by increasing the efficiency of fall clean-up activities. Adoption of the Consent Agenda approved the purchase of a Bearcat Debris Loader and trailer kit as outlined in the Mn/DOT state bid approved quote from L.T.G. Power Equipment in the amount of $9,003.60. Approve Amendment to Cooperative Agreement with Washington County for the Hugo Yard Waste Collection Site The City of Hugo had entered into a Cooperative Agreement with Washington County in July of 2019 for the waste collection site located at 5527 170th Street North. The agreement was amended in April of 2022 to extend the timeline of the agreement to the end of 2023 while the northern hazardous environmental center and yard waste collection site was under construction. It had been determined by the County the site would not be able to open until the fall of 2024, and the County wanted to amend the Cooperative Agreement through 2024. Adoption of the Consent Agenda approved Amendment No. 2 to the Cooperative Agreement for the Hugo Yard Waste Collection Site. Public Hearing on Liquor License for Kings Pizza, Inc for Red’s Savoy Pizza As of January 1, 2024, there would be a new owner of Red’s Savoy Pizza located at 14755 Victor Hugo Boulevard. Keith Morrisette, owner of Kings Pizza, Inc., would be purchasing the business and had applied for a Wine License and a 3.2 Malt liquor License with a provision for strong beer, which was allowed by City Code as along as 60% of the sales comes from food. The current owner, R&G Services, LTD, had held these same licenses since April, 2017. Hugo City Code required a public hearing be held on all new licensees. Acting Mayor Miron opened the Public Hearing. There were no comments, and Miron closed the public hearing. Strub made motion, Klein seconded, to approve the wine and beer licenses for the new owner of Red’s Savoy Pizza. All Ayes. Motion carried. Update on Dellwood Ridge Neighborhood Meeting Regarding 2024 Street Improvement Project City Engineer Mark Erichson began by reminding Council of the public hearing on November 20, 2023, for the 2024 Street Improvement Project that would include 125th Street and Heather Avenue and Upper Heather Avenue in the Dellwood Ridge development. Public comment during this process warranted further discussion on road width and curb type in the Dellwood Ridge neighborhood. Staff had coordinated a neighborhood meeting that was held on December 13 and presented information related to the City’s standard roadway width and curb type. Staff had proposed a 28-foot road with concrete curb and gutter. The current width of the road, Council Meeting Minutes for December 18, 2023 Page 9 of 11 as built by the developer, was 32 feet with an asphalt curb. Residents had expressed preference on keeping the wider road and had concerns regarding the curb type and wanted the ability to easily traverse a surmountable curb if walkers or bikers needed to get off the roadway due to traffic. The Public Works Department preferred a barrier type curb. Staff felt they could maintain a surmountable curb, but sod could be damaged by plows. Eight of the 30 property owners were represented at the meeting, and there was no consensus on the roadway width. Erichson explained there would be approximately $70,000 in increased cost for a wider roadway. He said no decision needed to be made this evening if Council wanted to give property owners more time to come to a consensus. Staff’s recommendation was a 28-foot roadway with a change to the surmountable curb type. Miron questioned how the City determines what the standard road width is. Erichson replied that standards are looked at annually. There are variations if it is a collector roadway or parking is necessary, but the width is standard among other communities, and state aid standards are also considered for consistency. Klein asked if there was another project if this one was not done. Erichson replied there was a Capital Improvement Plan that could be looked at and considered. Staff tries to lump similar types of projects together in geographic areas to get the best bidding, so continuing with 125th Street, staff would likely look for another project in that area. Petryk asked about input from others not at the meeting and if there was a substantial saving over curb type. Erichson said he had received two emails; one raised a lot of questions not pertaining to Hugo but to other communities and whether the roads needed improved. Another resident thanked the City for allowing public comments and indicated they were in favor of a project but their preference was a 32-foot-wide road and surmountable curb. Erichson said there was not much difference in the curb costs. Strub asked if there was still time to do another project. Erichson replied there was, and they would need to go through the whole public improvement process again. The process on other projects had been started later before, so it could be done. Miron said he appreciated all the meetings and those that provided feedback. He said when a road project is done, the City wants to make sure the outcome is valuable to residents, not to approve a project and spend resources to have folks frustrated on the outcome. He said he personally struggled with spending CIP dollars that go over and above what the standard project costs, and he questioned how that would be financed. He said he had no issues with the surmountable curb. Klein agreed with Miron and said there are standards and it had been proven that the width of the standard road would cause cars to slow down. He said the neighborhood seemed unsure on what they wanted, so he would like to see the project put on hold for a few more years and find another area that was more amenable to a street project. Council Meeting Minutes for December 18, 2023 Page 10 of 11 Petryk asked Erichson to confirm that staff’s recommendation was to stay with the 28-foot width and change to a surmountable curb because that would be safer. Erichson confirmed that, and Petryk said it would be interesting to see if they could get neighborhood’s input on that. Strub agreed with Miron and said if something more than the City standard was done, the additional cost should be borne by the people being assessed and not by other residents. He said he was also fine with waiting until the January 8 meeting to allow residents time to have more discussion. If a decision could not be made to please most of the neighbors, he said he was fine delaying the project a year or two. Miron said they have listened to the residents’ concerns, but this was the first time for this conversation, which he hoped helped them understand the Council’s viewpoint. Miron invited the two residents in attendance to speak. Aaron Zellmer, 12465 Heather Avenue North, said he appreciated the neighborhood meeting that was held, and he didn’t think anyone wanted the road project delayed. He said the main objective was to talk about safety, and the biggest issue was the surmountable curb to get the kids off the road quickly if needed. He said he hoped to keep the road at the same width, but at the same time, he understood they were getting a good deal with the City’s Assessment Policy. Miron said he didn’t want to task anyone with the job of polling neighbors and hoped those present could share information with them. Bear explained that the City occasionally finds neighborhoods with different opinions on proposed projects, which makes it hard for the Council to decide. He said what has helped in the past was having a neighborhood liaison to figure out what the consensus of residents is. He said that feedback may help the Council decide, and he offered space at City Hall if that would make it easier to hold a meeting. Miron asked the two residents in attendance if they could gather feedback, but neither offered to do this. Aaron stated he had spoken to most of the neighborhood, and the main concern was safety. Strub said if it was not done this year, it could be done the year after. He pointed out that it took five years for the decision to be made on improvements to the streets near City Hall. Petryk indicated she would support the 28’ wide road with the surmountable curb. Aaron said he looked at other projects that were comparable, and the surmountable curb seemed more acceptable. Miron said he was comfortable waiting until the January 8 meeting and suggested the residents contact Bear if they wanted a space to hold a neighborhood meeting. Eric Johnson, 12115 heather Avenue North, asked if the City had ever done a nonstandard road width. Erichson replied that there are narrower roads in Hugo, and wider roads if it is a parkway or collector street with turn lanes. There was no further discussion, and the item will be put on the January 8, 2024, agenda. Council Meeting Minutes for December 18, 2023 Page 11 of 11 Schedule Meeting to attend Hugo Fire Department Annual Banquet Saturday, February 17, 2024 City Administrator Bryan Bear informed Council they were invited to attend the Hugo Fire Department Annual Banquet on Saturday, February 17, 2024, at the Hugo American Legion beginning at 5 p.m. Klein made motion, Petryk seconded, to schedule a meeting to attend the Hugo Fire Department Annual Banquet on Saturday, February 17, 2024. All Ayes. Motion carried. Schedule the Board of Appeal and Equalization for Thursday, April 4, 2024 City Administrator Bryan Bear informed Council that Washington County had requested the Council schedule the Board of Appeal and Equalization meeting for Thursday, April 4, 2024 from 5:30-7:00 pm. Petryk made motion, Klein seconded to schedule the Board of Appeal and Equalization meeting for Thursday, April 4, 2024. All Ayes. Motion carried. Adjournment Klein made motion, Strub seconded, to adjourn at 7:52 p.m. All Ayes. Motion carried. Respectfully Submitted, Michele Lindau, City Clerk