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HomeMy WebLinkAbout2024.05.20 CC MinutesMINUTES City Council Meeting City Hall Council Chambers Monday, May 20, 2024 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 Engineer Mark Erichson, City Attorney Dave Snyder, Community Development Director Rachel Juba, City Clerk Michele Lindau Approval of Minutes for the May 6, 2024, City Council Meeting Strub made motion, Klein seconded, to approve the minutes for the City Council meeting held on May 6, 2024, as presented. All Ayes. Motion carried. Approval Minutes for the May 15, 2024, Diamond Point Park Neighborhood Meeting Klein made motion, Petryk seconded, to approve the minutes for the Diamond Park neighborhood meeting held on May 15, 2024, as presented. All Ayes. Motion carried. Approval of Agenda Miron made motion, Klein seconded, 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: 1. Approve Claims Roster 2. Approve Six-Month Performance Review and Extension of Probationary Period for Public Works Worker Miguel Souffront 3. Approve Six-Month Performance Review for Public Works Utility Lead Worker Richard Fox 4. Approve Fireworks Permit for Good Neighbor Days on Saturday, June 8, 2024 5. Approve Resolution Approving PUD Amendment for Shores of Oneka Lake 4th Council Meeting Minutes for May 20, 2024 Page 2 of 6 Addition 6. Approve Resolutions Approving Final Plat and Development Agreement for Shores of Oneka Lake 4th Addition 7. Approve Resolution Approving Encroachment Agreement for 5413 Ferrara Avenue North 8. Approve Purchase of New Playground Equipment for Diamond Point Park All Ayes. Motion carried. Approve Claims Roster Adoption of the Consent Agenda approved the Claims Roster as presented. Approve Six-Month Performance Review and Extension of Probationary Period for Public Works Worker Miguel Souffront At its November 20, 2023, meeting, Council approved the hiring of Miguel Souffront as a Public Works Worker. Miguel began employment on December 4, 2023. According to the City’s Personnel Policy, all appointments for regular full-time employees were subject to a six-month training and evaluation probation period. Adoption of the Consent Agenda approved the six- month performance review and extension of the probationary period for an additional six months. Approve Six-Month Performance Review for Public Works Utility Lead Worker Richard Fox At its November 20, 2023, meeting, Council approved the hiring of Richard Fox as a Public Works Worker. Miguel began employment on December 11, 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 and removal of probationary period for Public Works Utility Lead Worker Richard Fox. Approve Fireworks Permit for Good Neighbor Days on Saturday, June 8, 2024 The Hugo Lions Club had applied for a Fireworks Display Permit for fireworks on Saturday, June 8, 2024. The Lions had worked with PC Pyrotechnics, a licensed pyrotechnic operator, who will discharge fireworks on City owned property located north of the wellhouse adjacent to the northwest corner of St. John’s Cemetery. The Hugo Fire Department will have an apparatus on standby during the display. Fire Chief Jim Compton had reviewed the application and found it acceptable under the condition they meet the setback requirements of their State license. Adoption of the Consent Agenda approved the Fireworks Permit pending a site inspection by the Hugo Fire Chief and/or the Hugo Fire Marshal on the day of the event. Approve Resolution Approving PUD Amendment for Shores of Oneka Lake 4th Addition M/I Homes of Minneapolis/St. Paul, LLC. had requested an amendment to the PUD General Plan Council Meeting Minutes for May 20, 2024 Page 3 of 6 for “The Shores of Oneka Lake 4th Addition” to create 25 single-family detached lots, where 24 twin home lots were previously approved. Staff had reviewed the PUD Amendment request for consistency with the standards outlined in the City Code, found that the request met all standards, and recommended approval to the Planning Commission. At its May 9, 2024 meeting, the Planning Commission held a Public Hearing and considered the request. No one spoke at the Public Hearing. The Planning Commission unanimously voted to recommend that the City Council approve the PUD Amendment request, subject to the conditions in the resolution. Adoption of the Consent Agenda approved RESOLUTION 2024-19 APPROVING AN AMENDMENT TO THE PUD FOR M/I HOMES OF MINNEAPOLIS/ST. PAUL, LLC, FOR “THE SHORES OF ONEKA LAKE 4TH ADDITION” ON PROPERTY LOCATED NORTH AND EAST OF GOODVIEW TRAIL NORTH AND WEST AND SOUTH OF GOODVIEW AVENUE NORTH. Approve Resolutions Approving Final Plat and Development Agreement for Shores of Oneka Lake 4th M/I Homes had requested approval of a final plat and development agreement in order to plat 26 lots on an outlot in The Shores of Oneka Lake development. The lots met the minimum lot standards and requirements outlined in the regulations for The Shores of Oneka Lake PUD. Adoption of the Consent Agenda approved RESOLUTION 2024-20 APPROVING A FINAL PLAT AND DEVELOPMENT AGREEMENT FOR M/I HOMES OF MINNEAPOLIS/ST. PAUL, LLC, FOR THE SHORES OF ONEKA LAKE 4th ADDITION. Approve Resolution Approving Encroachment Agreement for 5413 Ferrara Avenue North Greg and Michelle Stream had requested an encroachment agreement to allow construction of a fence within a drainage and utility easement on property located at 5413 Ferrara 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 2024-21 APPROVING AN ENCROACHMENT AGREEMENT TO ALLOW CONSTRUCTION OF A FENCE WITHIN A DRAINAGE AND UTILITY EASEMENT ON THE PROPERTY LOCATED AT 5413 FERRARA AVENUE NORTH. Approve Purchase of New Playground Equipment for Diamond Point Park At the neighborhood meeting of May 15, 2024, the Parks Commission invited residents to select new playground equipment for Diamond Point Park. Diamond Point Park was identified as the neighborhood park to see improvements in 2024 in the Parks Capital Improvement Plan. Four designers presented proposals, and St. Croix Recreation was selected. The existing playground would be removed and replaced with new equipment in Summer 2024 in addition to other renovations at the park. The Parks Commission recommended approval of the purchase of playground equipment from St. Croix Recreation in the amount of $150,000. Adoption of the Consent Agenda approved the purchase of the equipment from St. Croix Recreation. Discussion on Moratorium on Solar Farms Recently the City Council discussed a Solar Farm Interim Use Permit (IUP) application and there were observations that a Solar Farm may not be appropriate in certain land use categories in the Council Meeting Minutes for May 20, 2024 Page 4 of 6 City because of issues related to compatibility and appearance. Community Development Director Rachel Juba provided background information. The City enacted an ordinance due to the legislature requiring Xcel Energy to buy electricity from solar farms in their distribution system. In 2023, because of community concerns, restrictions to solar farms on setbacks and landscaping had been added. There had been two applications, and staff received the same feedback on both of them regarding how they did not fit into the character of the area. Rachel indicated she was aware that other communities have the same issues. She recommended the City Council discuss whether to revise or add any regulation, restrictions, or prohibitions to the ordinance. If the City Council wanted to amend the Solar Farm ordinance, staff had drafted an interim ordinance placing a moratorium on new development of Solar Farms and direct a study to be conducted. Klein talked about having the same issues even after the ordinance was made more restrictive saying there would always be pushback with a visual changed. He questioned whether a moratorium and more restriction would make a difference. Petryk asked about residential solar panels. Rachel explained that accessory solar was allowed and would not be part of the moratorium. Rooftop solar panels and pole mounted panels were allowed to the same square footage as an accessory building, and permits were required. City Administrator Bryan Bear explained that changes to the ordinance were led by community opposition, and despite adding more restrictions, it didn’t change. Bear said the question should be asked whether there were locations in Hugo for these. Requirements could be changed, or solar farms could be prohibited completely. Any amendments to the ordinance would require a public hearing at the Planning Commission. Miron noted that one solar farm had been approved, and one denied. He said the common issue was the character piece and he would be ok with taking a pause and having more conversations. He said the ordinance was robust and restrictive, but the character piece needed more discussion. He suggested a joint workshop with the Planning Commission. Strub agreed with Miron and wondered how to quantify neighborhood character saying the last applicant had jumped through hoops but was denied because of a subjective issue. Petryk asked for clarification on where soar farms were allowed. Rachel replied they were allowed in Long Term Agriculture, Agricultural, Future Urban Services, and districts in floodplains or wetlands, and there was a limit of five acres in size. Petryk talked about the visual impact saying it would be difficult when you have people looking down. She agreed it would not hurt to take a pause. Klein talked about property owner’s rights and being allowed to put in a business that was conducive to the property. Klein said solar farms made sense in some instances, and he had no problem taking six months to review the ordinance. Miron said a six-month review was not a long time, and it would also protect potential applicants. Council Meeting Minutes for May 20, 2024 Page 5 of 6 Miron made motion, Petryk seconded, to approve ORDINANCE NO. 2024-530 AN INTERIM ORDINANCE PLACING A TEMPORARY MORATORIUM ON NEW DEVELOPMENT OF SOLAR FARM SOLAR ENERGY SYSTEMS AND DIRECTING A STUDY TO BE CONDUCTED. Strub questioned if there were any applicants. Rachel replied there was one, and they were aware of the potential moratorium. Roll call vote- Ayes: Miron, Petryk, Strub, Klein Nays: None Motion carried. Reminder – Nystrom & Associates Ribbon Cutting on Tuesday, May 21, 2024 City Administrator Bryan Bear reminded Council they had scheduled a meeting to attend the Ribbon Cutting event at Nystrom & Associates, 4638 Victor Path, Suite 900, on Tuesday, May 21 from noon – 1 p.m. Reminder - City Administrator’s Performance Review to Monday, June 3, 2024 City Administrator Bryan Bear reminded Council they had scheduled the City Administrator’s Performance Review for Monday, June 3 at 6 p.m., one hour prior to their regular meeting. Approve Closing City Hall and Public Works on Monday, July 5, 2024 According to the City’s Personnel Policy, each regular, full-time employee was allowed one day of their choosing as a personal holiday. City Administrator Bryan Bear informed Council that Staff had collectively requested to use their personal holiday on Friday, July 5, and requested Council close City Hall and Public Works on that date. Klein made motion, Petryk seconded, to close all City offices on July 5, 2024. All Ayes. Motion carried. Schedule Commissioner Interviews for July 8, 22, or 29, 2024 Staff had been soliciting applications to fill vacancies on the EDA, Parks Commission, and Historical Commission and recommended Council select a date on which to hold interviews. Petryk made motion, Strub seconded, to schedule commissioner interviews on Monday, July 22, 2024, at 7 p.m. All Ayes. Motion carried. Council Meeting Minutes for May 20, 2024 Page 6 of 6 Executive Session -White Bear Lake Homeowners Association Lawsuit City Attorney Dave Snyder explained that more than ten years ago, homeowners on White Bear Lake launched a lawsuit alleging the decreased elevation of the lake was due to municipal pumping. The City did not enter into litigation because the matter was viewed as best settled with other planning options. The lawsuit culminated around 2018 when the judge in the district court issued an order directing the DNR to make amendments to permits that govern municipal water use. Four conditions were placed on municipalities including a ban that would prohibit residential watering, if you were on a municipal water system, when the level of White Bear Lake dropped to 923.5 feet above sea level or below. He explained that many around the lake would not be subject to this ban they proposed to others, and the level of the lake was often lower than that and could stay that way for years. The City of Hugo had found the conditions to be onerous and challenged it. After five years of litigation, the judge issued his ruling on these conditions. Snyder recommended Council adjourn into Executive Session pursuant to Minnesota State Statute 13D.05 Subd. 3(b) to discuss the ruling and the City’s options for moving forward. Miron made motion, Strub seconded, to adjourn into Executive Session at 7:41 p.m. All Ayes. Motion carried. Miron made motion, Klein seconded, to enter back into regular session at 8:21 p.m. All Ayes. Motion carried. Snyder summarized the Executive Session saying the Council met with the City Administrator, City Attorney, and City Clerk in executive session under 13D.05 Subd. 3(b) to discuss pending litigation and receive attorney/client privileged information as it related to matters of amendments to various water appropriation permits, specifically the outdoor irrigation and water ban imposed upon the City of Hugo by residents of White Bear Lake. Council was not taking any action at this time, and further updates would be available as they develop. Adjournment Klein made motion, Strub seconded, to adjourn at 8:23 p.m. All Ayes. Motion carried. Respectfully Submitted, Michele Lindau, City Clerk