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HomeMy WebLinkAbout2024.05.06 CC MinutesMINUTES City Council Meeting City Hall Council Chambers Monday, May 6, 2024 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, Strub, Weidt COUNCIL ABSENT: None OTHERS PRESENT: City Administrator Bryan Bear, City Engineer Mark Erichson, City Attorney Dave Snyder, Community Development Director Rachel Juba, City Clerk Michele Lindau Approval of Minutes for the April 15, 2024, City Council Meeting Petryk made motion, Klein seconded, to approve the minutes for the City Council meeting held on April 15, 2024, as presented. All Ayes. Motion carried. Approval of Minutes for the April 22, 2024, Council Workshop Klein made motion, Strub seconded, to approve the minutes for the Council Workshop held on April 22, 2024, as presented. All Ayes. Motion carried. Approval of Minutes for the April 24, 2024, Metro Cities Annual Meeting Klein made motion, Strub seconded, to approve the minutes from the Metro Cities Annual Meeting held on April 24, 2024, as presented. All Ayes. Motion carried. Approval of Agenda Weidt made motion, Miron seconded, to approve the agenda as presented. All Ayes. Motion carried. Council Meeting Minutes for May 6, 2024 Page 2 of 13 Approval of Consent Agenda Miron made motion, Petryk seconded, to approve the following Consent Agenda: 1. Approve Claims Roster 2. Approve Performance Review for Building Department Secretary Debi Close 3. Approve Annual Performance Review for Parks Planner Shayla Denaway 4. Approve Annual Performance Review for Parks Lead Worker Rick Kieffer 5. Approve Six-Month Performance Review for Fire Chief Jim Compton, Jr. 6. Approve Fire Department Job Descriptions 7. Approve Donation from the Hugo American Legion to the Hugo Fire 8. Approve Special Event Permit for New Life Church on Sunday, June 9, 2024 9. Approve Special Event Permit for MS 150 on Sunday, June 9, 2024 10. Approve Special Event Permit for Blacksmith Lounge 2024 Summer Events 11. Approve Special Event Permit for North Star Regional Rodeo on July 26-28, 2024 12. Approve Temporary Liquor License for the North Star Gay Rodeo on July 26-28, 2024 13. Approve Temporary Liquor License for the Lions Club for Good Neighbor Days 14. Approve Hold Harmless and Indemnification Agreement – Oneka Prairie 15. Approve Encroachment Agreement for 5562 130th Way North 16. Approve Encroachment Agreement for 16211 Finale Avenue North 17. Approve Encroachment Agreement for 15352 Goodview Avenue North 18. Approve Encroachment Agreement for 14123 Oneka Parkway North 19. Approve Preparation of Shoreland Ordinance Revisions 20. Approve Pay Request No. 3 to C.W. Houle for Lift Station 12 Project 21. Approve Hydrology Data Collection by WSB for the North Star Wetland Bank All Ayes. Motion carried. Approve Claims Roster Adoption of the Consent Agenda approved the Claims Roster as presented. Approve Performance Review for Building Department Secretary Debi Close Debi Close was hired as the City’s Building Department Receptionist on March 20, 2006. Adoption of the Consent Agenda approved the annual performance review for Building Department Receptionist Debi Close. Approve Annual Performance Review for Parks Planner Shayla Denaway Shayla Denaway was hired on May 11, 2009, as the Economic Development/Parks Intern. On May 3, 2010, Council approved promoting Shayla as the new Parks Planner. Adoption of the Consent Agenda approved the annual performance review for Parks Planner Shayla Denaway. Council Meeting Minutes for May 6, 2024 Page 3 of 13 Approve Annual Performance Review for Parks Lead Worker Rick Kieffer Rick Kieffer was re-hired by the City of Hugo as a Public Works Worker on May 31, 2005 returning after a short period of time in the private sector. Rick was promoted to Public Works Parks Lead Worker on April 17, 2023. Adoption of the Consent Agenda approved the Annual Performance Review for Public Works Parks Lead Worker Rick Kieffer. Approve Six-Month Performance Review for Fire Chief Jim Compton, Jr. At its October 16, 2023, meeting, Council approved the hiring of Jim Compton, Jr. as the City’s first fulltime Fire Chief with a starting date of November 20, 2023. According to the City’s Personnel Policy, all appointments for regular full-time employees were subject to a six-month training and evaluation period. Adoption of the Consent Agenda approved the six-month performance review for Fire Chief Jim Compton and removal of probationary period. Approve Fire Department Job Descriptions At the April 22, 2024, workshop, Council discussed the culture and structure of the Hugo Fire Department. Part of that discussion was the need to update the job descriptions for the officers in the department. Fire Chief Jim Compton, Jr. had drafted new job descriptions. Adoption of the Consent Agenda approved the new job descriptions for Chief Engineer, Assistant Chief, Deputy Chief, Captain, Lieutenant, Engineer, Firefighter, and Fire Marshal. Approve Donation from the Hugo American Legion to the Hugo Fire The Hugo American Legion requested to donate $1,000 to the Hugo Fire Department from pull-tab proceeds for equipment and training. All donations to the Fire Department needed to be approved by the Council. Adoption of the Consent Agenda approved the donation of $1,000 to the Hugo Fire Department. Approve Special Event Permit for New Life Church on Sunday, June 9, 2024 David Streitz on behalf of New Life Church had applied for a Special Event Permit to hold an outdoor event on Sunday, June 9, 2024. A Special Event Permit was required because they would be using an amplified sound system during the event. The event would include a free outdoor service held from 9-10:30 a.m. followed by a picnic from noon-4 p.m. Approximately 100 people were expected to attend. Adoption of the Consent Agenda approved the Special Event Permit for New Life Church for an outdoor event on June 9, 2024. Approve Special Event Permit for MS 150 on Sunday, June 9, 2024 The Multiple Sclerosis Society had applied for a Special Event Permit (SEP) for their annual fundraising bicycle event to be held on June 8-9, 2024, from Proctor, MN to White Bear Lake, MN. On the second day of the ride, bikers would be traveling south through Hugo, primarily on the Hardwood Creek Trail and Highway 61. Council needed to approve SEPs where there are expected to be over 200 people in attendance. The MS 150 would have approximately 1,800 riders. Adoption of the Consent Agenda approved the SEP as described in their application in addition to conditions in the SEP memo. Council Meeting Minutes for May 6, 2024 Page 4 of 13 Approve Special Event Permit for Blacksmith Lounge 2024 Summer Events The Blacksmith Lounge, 17205 Forest Boulevard North, had applied for a Special Event Permit for their 2024 events to be held between Memorial Day and end of September. Events included four auctions, seven car shows, one motorcycle swap meet, and one fundraising event. A SEP approved by Council was required because there will be alcohol served outside and there may be up to 200 people in attendance. Adoption of the Consent Agenda approved the Special Event Permit for the Blacksmith Lounge. Approve Special Event Permit for North Star Gay Rodeo on July 26-28, 2024 The North Star Gay Rodeo had applied for a Special Event Permit to hold a regional rodeo at the Dead Broke Arena site at 5676 170th Street North on July 26-28, 2024. A SEP was required because there would be amplified sound and alcohol served outside. Adoption of the Consent Agenda approved the SEP for the North Star Gay Rodeo as outlined in their application. Approve Temporary Liquor License for the North Star Gay Rodeo on July 26-28, 2024 North Star Gay Rodeo Association had applied for a Temporary On-Sale Liquor License to serve alcohol at their rodeo event on July 26-28, 2024, at the Dead Broke Arena, 5676 170th Street North. Staff had received the completed application, fee, and proof of liquor liability insurance. Adoption of the Consent Agenda approved the Temporary On-Sale Liquor License for the North Star Gay Rodeo. Approve Temporary Liquor License for the Lions Club for Good Neighbor Days The Hugo Lions Club had applied for a Temporary On-Sale Liquor License to serve alcohol at the Hugo Good Neighbor Days on June 7-9, 2024. The Lions Club had completed the application and paid the fee. Adoption of the Consent Agenda approved the On-Sale Liquor License for the Hugo Lions for Good Neighbor Days subject to receipt of the appropriate Certificate of Liquor Liability Insurance for the event. Approve Hold Harmless and Indemnification Agreement – Oneka Prairie Capstone Homes-MN was seeking a Certificate of Occupancy for a home recently constructed at 4807 162 Way North. The Oneka Prairie development was to be served by the newly constructed Lift Station No. 12; however, the lift station was not yet fully functioning, and the official startup had yet to occur. The project was, however, near completion. As identified in Exhibit B of the development agreement, prior to the issuance of Certificate of Occupancy, the lift station needed to be constructed and fully functioning. Staff had worked with Capstone Homes-MN to prepare a Hold Harmless and Indemnification Agreement where the builder was responsible to ensure the lift station was checked and pumped as necessary and was responsible if there were any damages related to the builder’s request for a Certificate of Occupancy at 4807 162nd Way prior to the lift station being fully operational. Adoption of the Consent Agenda approved the Hold Harmless and Indemnification Agreement. Council Meeting Minutes for May 6, 2024 Page 5 of 13 Approve Encroachment Agreement for 5562 130th Way North Alicia Knafla had requested an encroachment agreement to allow construction of a fence within a drainage and utility easement on property located at 5562 130th Way 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 2024-12 APPROVING AN ENCROACHMENT AGREEMENT TO ALLOW CONSTRUCTION OF A FENCE WITHIN A DRAINAGE AND UTILITY EASEMENT ON THE PROPERTY LOCATED AT 5562 130TH WAY NORTH. Approve Encroachment Agreement for 16211 Finale Avenue North Marc Roles had requested an encroachment agreement to allow construction of a fence within a drainage and utility easement on property located at 16211 Finale Avenue 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 2024-13 APPROVING AN ENCROACHMENT AGREEMENT TO ALLOW CONSTRUCTION OF A FENCE WITHIN A DRAINAGE AND UTILITY EASEMENT ON THE PROPERTY LOCATED AT 16211 FINALE AVENUE NORTH. Approve Encroachment Agreement for 15352 Goodview Avenue North Susan Powell and Marylou Cunningham had requested an encroachment agreement to allow construction of a fence within a drainage and utility easement on property located at 15352 Goodview Avenue 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 2024-14 APPROVING AN ENCROACHMENT AGREEMENT TO ALLOW CONSTRUCTION OF A FENCE WITHIN A DRAINAGE AND UTILITY EASEMENT ON THE PROPERTY LOCATED AT 15352 GOODVIEW AVENUE NORTH. Approve Encroachment Agreement for 14123 Oneka Parkway North Tim and Carli Hofferber had requested an encroachment agreement to allow construction of a fence within a drainage and utility easement on property located at 14123 Oneka Parkway 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 2024-15 APPROVING AN ENCROACHMENT AGREEMENT TO ALLOW CONSTRUCTION OF A FENCE WITHIN A DRAINAGE AND UTILITY EASEMENT ON THE PROPERTY LOCATED AT 14123 ONEKA PARKWAY NORTH. Approve Preparation of Shoreland Ordinance Revisions The EDA had been discussing the future of the City owned property in downtown and had approved a marketing plan for the property. With the approval, they made a recommendation to start the process with the DNR on amending and updating the shoreland ordinance to include implementation flexibility. Implementation flexibility would allow local governments to deviate from certain shoreland rules in the State Statute but would require incorporation of restrictive or higher standards in other areas of the shoreland ordinance. It is in staff’s opinion that the Council Meeting Minutes for May 6, 2024 Page 6 of 13 shoreland ordinance should be reviewed and updated. The shoreland ordinance was out of date and there were other benefits to updating the ordinance that would give the City more administrative approvals. Adoption of the Consent Agenda authorized staff to start the ordinance amendment process. Approve Pay Request No. 3 to C.W. Houle for Lift Station 12 Project C.W. Houle, Inc. had submitted Pay Request No. 3 in the amount of $140,204.04 for work certified through April 20, 2024, on the Lift Station No. 12 Project. The electrical work had been completed and the lift station would be operational soon. Adoption of the Consent Agenda approved payment to C.W. Houle, Inc. in the amount of $140,204.04. Approve Hydrology Data Collection by WSB for the North Star Wetland Bank At the meeting of June 12, 2023, Council approved a scope of work from WSB to prepare and submit the prospectus document for the North Star Wetland Bank. Additional data was collected in 2023. The prospectus was drafted in winter 2024 and submitted for evaluation by the Technical Evaluation Panel. The TEP had not yet made a decision on the prospectus, but it was likely that additional hydrology data would be required. In 2023, the Council approved the purchase of data loggers. WSB provided an estimate of $7,852 to relocate existing monitoring wells, install the City’s data loggers, and compile hydrology data in 2024. Adoption of the Consent Agenda approved 2024 hydrology data collection at North Star Wetland Bank by WSB, estimated at $7,852. Public Hearing on Cost to be Assessed for the property located at 14197 Forest Blvd. N. Community Development Director Rachel Juba explained that on May 15, 2023, the City Council adopted a resolution approving an order regarding a hazardous and substandard building located at 14197 Forest Boulevard North, due to a fire. During March and April 2023, the City had sent the property owner letters notifying them of the nuisance and hazardous state of the building. The Court issued an Order for demolition on October 25, 2023, and stated that the cost of the demolition and expenses incurred to carry out the Order would be assessed against the property. The demolition of the building was completed on February 14, 2024. The total cost of demolition and expenses incurred was $37,676.75. This would be assessed over 10 years at 5.25 percent. Notices were sent to the property owner and other interested parties that the hearing was being held, and it also provided the payments options. The prepared resolution stated no building permits could be issued until the expenses were paid. She recommended the Council hold the public hearing and adopt the resolutions approving the expense report and order preparation of the assessment against the property. Mayor opened the public hearing. Tim Lindgren, property owner, and Mike Walters, Public Insurance Adjuster for DTL Global, approached the podium and explained the claim had not yet been settled and they were asking for a little more time. Walters said the property was in dispute with All State Insurance and DTL Global and it should be resolved this fall. Weidt asked what the plan was to pay. Walters responded that All State was responsible for Council Meeting Minutes for May 6, 2024 Page 7 of 13 paying the bill. The plan was to submit the paperwork to the attorney at All State. He said they should get full reimbursement, and they planned on rebuilding. There were no other comments, and Weidt closed the public hearing. Weidt asked staff if there would be a problem with waiting for payment. Rachel responded that according to the notice, it would need to be paid in a short amount of time before interest incurred. The assessment would not be sent to the County until the Fall for taxes payable in 2025. It could be paid in full before that without interest. The resolutions would assure the assessed amount was recorded against the property. If the owner were to sell it, the buyer would know there was an assessment. Miron asked if the interest payment could be waived until the amount has to be sent to the County to be included in the County’s assessment. Bear responded that the property owner can pay in full until November without interest. Then it would be certified to the County and that’s when interest starts to accrue. Klein made motion, Miron seconded, to approve RESOLUTION NO. 2024-16 ADOPTING AN EXPENSE REPORT AND COSTS TO BE ASSESSED FOR COSTS INCURRED IN CARRYING OUT AND ENFORCING THE HAZARDOUS BUILDING PROCEEDINGS AGAINST THE PROPERTY LOCATED AT 14197 FOREST BOULEVARD NORTH, HUGO, MINNESOTA. All Ayes. Motion carried. Klein made motion, Strub seconded, to approve RESOLUTION NO. 2024-17 DECLARING COST TO BE ASSESSED, AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR PROPERTY LOCATED AT 14197 FOREST BOULEVARD NORTH. All Ayes. Motion carried. Approve Site Plan and Interim Use Permit for Solar Farm on Everton Avenue North EESolar13, LLC for Enterprise Energy, LLC had requested approval of a site plan and an interim use permit for a solar farm located east of Everton Avenue North and north of 149th Street North. City Administrator Bryan Bear explained that a public hearing was held at the Planning Commission on April 11, 2024, but Council could take public comment if they wished. Associate Planner Max Gort explained the Planning Commission concerns and discussion on it not fitting in with the character of the area, screening and fencing, and other. The Commission voted to approve the site plan and interim use permit with additional conditions requiring ten- foot-tall trees along the southern side and the fence be changed to a black vinal-coated chain link fence. Gort provided background on the ordinance and the surrounding area. The ordinance regulating solar energy was adopted in 2016, and the only project in Hugo was built in 2018. The ordinance was recently revised in July 2023. The proposed solar farm on Everton Avenue would be located on a vacant, approximately 12-acre parcel surrounded by other 10-acre parcels Council Meeting Minutes for May 6, 2024 Page 8 of 13 with townhomes and single-family developments surrounding them. In 2006, these larger parcels were removed from the MUSA, so they were not eligible for sewer and water. Those parcels were zoned Agricultural and identified in the 2040 Land Use Plan as Large Lot Residential. He explained the request was for Site Plan approval and an Interim Use Permit. No variances were requested. He presented the site plan that showed solar panels overlayed on it and the landscape plan being proposed by the applicant to provide screening from adjacent properties. Gort reviewed the performance standards required in the ordinance for an IUP for a solar farm and explained how the applicant had met all the performance standards and criteria necessary for approval. He focused on two of the criteria. First, the construction of the solar farm could not impede the City’s ability to implement its own Comprehensive Plan. He explained the parcel was not in the MUSA and could not be subdivided because zoning required a ten-acre minimum lot size; therefore, it would not impede on implementing the Comprehensive Plan. Secondly, the solar farm would need to be compatible with the character of the area. Gort described the surrounding Agricultural uses and explained how the solar farm would have a low impact on adjacent properties. He said it was staff’s opinion that the proposal was compatible with the character of the surrounding area. Staff had also reviewed the site plan requirements saying most of them overlapped the IUP requirements except ones relating to stormwater management and wetlands. Staff found that solar panels would not affect overall drainage patterns. There were 3.6 acres of wetlands on the site, and the solar array would be constructed in a portion of it, as was permitted by ordinance. The applicant had received a no-loss exemption from the Technical Evaluation Panel for the construction. Gort concluded his presentation by saying staff had found the proposal met all requirements of City Code. The Planning Commission unanimously voted to recommend approval to the Council with the two added conditions. He explained that based on feedback from the public hearing and recent correspondence from neighboring residents relating to the character of the area, staff drafted a resolution with findings of fact for denial for the Council to also consider. Strub asked about barbed wire on the top of the fence that was mentioned during the Planning Commission public hearing. Gort responded that the Planning Commission did not recommend it being changed, and it is still on the plan. Petryk asked if the applicant was the property owner or if it would be a long-term lease. Gort replied that the applicant had a purchase agreement with the owner. Weidt noted there were a lot of attendees that may want to speak, even though this was not a public hearing. He asked the developer to speak first. Evan Carlson from Enterprise Energy, 2925 Dean Parkway in Minneapolis, explained he was the owner of the company and had the purchase agreement on the property. He said that about a year and half ago, he started working on this project. He said he has a lot in it, and it is an important project for him, and he intends to own it long term. He said he knew it was not popular with surrounding landowners, so he wanted it to be done well. Carlson indicated he followed all the requirements of the ordinance, which he found to be very robust, and they were using an area that was not suited for anything else. Carlson said his wife was a veterinarian and has respect for people who rehab animals. He said he understood their concerns and wanted to do his best to Council Meeting Minutes for May 6, 2024 Page 9 of 13 address them and do it in a way that makes people happy. He talked about other solar panels in the neighborhood saying the only difference was that these were on the ground. He said the City had done a good job protecting the aesthetics of the neighborhood by requiring setbacks. In addition to the vegetation management plan, they also did a tree survey so the impact would be extremely minimal. Evan said the property was outside the MUSA, which he felt was a very important characteristic, along with the owner of the property not being able to put a well and septic on it, so this would be a productive way to utilize the land. A full SWPP was also done. He commented on the City’s requirements that are reflected on the site plan saying they are very robust, and he hoped he could gain respect from people by doing a good job. Mayor Weidt opened it up for other comments. John David Udstuen, 15190 Everton Avenue North, stated he was speaking on behalf of the entire neighborhood who are 100% opposed. He said that per the ordinance, the solar farm was to be compatible with the present character of the surrounding area, and this was not compatible. Udstuen said he had countless reason why it was not but would only focus on a few. They have large lots with single family homes and lots of open space with mature trees and wildlife. It’s become a walking area for the surrounding community, and he has had to explain that it was private property to residents who think it is a nature preserve. He said it’s 160 acres with less than two dozen homes, and a very special place. He commented on the City’s part in protecting the land when the Everton Avenue Coalition was created to keep it from development. He talked about the word “AG” being created to preserve and protect the character neighborhoods and keep 10-acre minimums. Udstuen described it as a jewel of the community, something to be proud of. He talked about some of the properties being listed as a green corridor according to the Parks Plan. He said that is the true character of the neighborhood, open and undisturbed land. He said the main portion of the request for denial will be presented by Laura. Laura Syring, 15149 Everton Avenue North, said she has been a resident for the past 21 years. She read a letter that they had sent to the City Council and Mayor addressing their concerns. In the letter, the history of the neighborhood and its residents was provided to show the character of the area. This letter will be retained as part of the official record. Daniel Skaar, 13857 Geneva Avenue North, had questions to ask. He wanted to know if the City was under any renewable mandate; who was getting/buying the power and what was the contract; were there output goals, power purchase agreements, and performance guarantees; what would happen if he couldn’t get these agreements with Xcel; and was there a substation on this property. He noted the property was adjacent to a power line. He said he had done a lot of solar projects in California, and he found this location to be a bit awkward. He said it would be helpful to see some analog from other municipalities that have put this type of solar array in this type of environment. Carlson responded to some of the questions explaining this would be a community solar garden, and when they put power in the grid, they get grid credits rather than selling it right to a utility. There was no substation and would go right into the line that goes into people’s houses. The bill credit was then sold to people, known as subscribers, who don’t have a good spot for solar panels. He explained how it was different than the utility scale development that plugs into the transmission lines, which is a federal interconnection process. He said that it was different than community solar, which provided solar to people that do not have a good spot. Carlson said they Council Meeting Minutes for May 6, 2024 Page 10 of 13 would sign a contract with Xcel who would give them 25 years to sell the bill credits. That was why they were asking for a 25-year IUP. After 25 years, they would need to renew or decommission after the useful life was done as per application requirements. He explained there were no concrete footings poured into the ground. Instead, high beams would be hammered into ground in rows with a rack on it that the panels go into. He said he had applied for an interconnection agreement with Xcel that was in an advanced study phase, so it was ready for construction. He explained the steps he went through to have his plan reviewed and accepted by experts. He talked about other projects that are several smaller projects with points of interconnections that would have a lot of poles. He said this would be a small one-megawatt project on 3.9 acres that would have two more poles than what is located along the road right now. Carlson said his vegetation management plan preserved all existing habitat that’s possible; everything that flies could still be there, and he explained the deer-style fence. He said by doing this they were preserving this habitat for the future. Weidt asked how the area was calculated because it appeared it took up more than 3.9 acres. Carlson responded that the fenced area would be 5.5 acres, and the solar panel area would be 3.9 acres. Carlson stated that he would be open to an alternative public use of the setbacks. Bear addressed the question on whether there was a renewable mandate saying there was not, but there was a law that required electric companies to purchase electric from these types of facilities, which had created a market for them. There was no mandate that requires cities to approve these applications. John Udstuen requested Council show the video and pics they put together. Arnie Triemert, 1522 Everton Avenue, said he wanted Council to consider how it did not fit in the neighborhood at all. The Mayor granted Udstuen’s request and the photos were shown to Council. Laura Syring explained they hired a drone company to take these pictures depicting the feeling and flavor of the area to show that the solar farm does not fit the character of the neighborhood. A drone video was also presented. She thanked the Council for viewing them. Evan Carlson commented that the image does a good job demonstrating what people are concerned about, but that was not his plan. He said his plan preserved the trees and had setbacks and greenspace. Had the City not done such a robust job enacting its ordinance, he said his project may have looked like that. Bear noted that the photos and video would become part of the record. Weidt talked about the neighborhood being unique and set aside after multiple discussions in 1989 and again in 2006. It was the largest undeveloped piece of land in a high and medium density residential neighborhood in that part of town. He said there can certainly be a case made on the effect it would have on a neighborhood, and it would change the intention of why it was set aside. He talked about not knowing if a solar farm would have met the intention of the Council so many years ago, but he has seen many examples of how the character is changed by a project like this. He talked about the solar ordinance and the original intent of having solar farms allowed in agricultural zones was to have it on larger open pieces of land that make it easier to Council Meeting Minutes for May 6, 2024 Page 11 of 13 hide solar farms from neighboring residents as compared to what it does on this long narrow strip of land. A lot of townhomes abut this project, and he said he was not sure how you would screen the solar project from tall buildings. He said it would alter the area for the next 20 years. Klein agreed the ordinance was very robust. He sat on the Ordinance Review Committee with Council Member Miron, and they wanted it to be more robust. He said he agreed with the mayor; it was a unique area with residential buildings all around it. The MUSA was also close by, and that could be hooked into very quickly if the property owners decided to change the zoning. He recalled discussions at the Ordinance Review Committee, and it was not the intent to have a solar farm in the middle of town. He said it was a unique property and thought a solar farm would be better located somewhere else in the community. He said Evan did an excellent job preparing his site plan, and he could understand why the Planning Commission recommended approval, but from a characteristic standpoint, he thought the developer should find a different location in the community. Petryk was around in 1998 and said it had been a struggle for the residents. She said they sacrificed a great deal of money by being removed from the MUSA and did it because they believed in the area and believed it should be kept preserved. It was very generous with the townhomes for their views. She talked about the green corridor and said 160 acres goes a long way for animals. She said the area has history, functions as parkland for a lot of people, and has done exactly what she hoped it would do. She stated it was not the intent to have something like this put in the neighborhood, and though staff and the Planning Commission did a good job evaluating the project, she could not support it. Miron commended the applicant saying he put together a good site plan, but the parcel or the history on it can’t be changed. In terms of connections, the site made sense from a utility standpoint. He talked about the establishment of the ten-acre properties, saying the long-term vision for the character of this neighborhood was for it to be set aside. He said the project was not a good fit despite a good attempt. Strub agreed that it did not fit the character of the neighborhood. He talked about the parcel being empty for so long and was concerned for the landowners’ rights. He said the buyer thinks he had found the best use of the land, and he was concerned about the landowner would be stuck with it. He said everyone loves the view, but they don’t own it. Weidt asked how long the owner had owned the land. Evan responded that he thought they bought it a year before it was on the market, but they couldn’t sell it. He guessed they owned it for 3-4 years. Weidt talked about having respect for property rights, and he didn’t think it was purchased as an investment but as a residential property. Unfortunately, they did not move forward and build a house on this lot. He said they likely don’t care about the neighborhood because they don’t live there anymore. He said there are things that just don’t fit in certain locations. Klein made motion, Petryk seconded, to approve RESOLUTION 2024-18 APPROVING FINDINGS OF FACT DENYING A SITE PLAN AND INTERIM USE PERMIT FOR A SOLAR FARM ON PROPERTY LOCATED EAST OF EVERTON AVENUE NORTH AND NORTH OF 149TH STREET- NORTH. Council Meeting Minutes for May 6, 2024 Page 12 of 13 Bear recommended adding to the resolution another “whereas” stating it was based on all hearings. Both Councilmembers making the motion agreed to the addition. Weidt stated he had visited the area several times and appreciated the efforts Evan had made. He said he hoped Evan could look at Hugo in a positive way. Roll call vote: Ayes-Klein, Miron, Petryk, Strub, Weidt Nays-None Motion carried. Schedule Performance Review for City Administrator for Monday, May 20, 2024 Bryan Bear has been employed with the City since May 3, 2004. Bryan served as the Community Development Director until being appointed as the City Administrator on November 7, 2011. Staff requested Council schedule the annual performance review for City Administrator Bryan Bear. Miron made motion, Klein seconded, to schedule the City Administrator’s performance review for June 3, 2024, at 6 p.m., prior to the regularly scheduled Council meeting. All Ayes. Motion carried. Shred It and Forget It Event on Thursday, May 9 and Friday, October 4, 2024 City Administrator Bryan Bear reminded Council of the Shred It and Forget It event to be held on Thursday, May 9 and Friday, October 4, 2024, in the parking lot at City Hall. Residents could bring up to five bags of paper to be shredded for free between 8 a.m. and 10 a.m. This event was paid for with the Washington County recycling grant. Reminder - Diamond Point Park Neighborhood Meeting on Wednesday, May 15, 2024 City Administrator Bryan Bear reminded Council they scheduled a meeting to attend the Diamond Point Park neighborhood meeting on Wednesday, May 15, 2024, at 7:00 pm at the Peder Pedersen Pavilion. Plans to reconstruct and update the park would be shared. Adjournment Strub made motion, Klein seconded, to adjourn at 8:35 p.m. All Ayes. Motion carried. Respectfully Submitted, Michele Lindau, City Clerk Council Meeting Minutes for May 6, 2024 Page 13 of 13