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HomeMy WebLinkAbout2024.06.03 CC MinutesMINUTES City Council Meeting City Hall Council Chambers Monday, June 3, 2024 7:00 p.m. Call to Order Mayor Weidt called the meeting to order at 7:00 p.m. Roll Call and Pledge of Allegiance 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 A Girl Scout Troop provided Girl Scout cookies to the Council and led in the Pledge of Allegiance. Approval of Minutes for the May 20, 2024, City Council Meeting Klein made motion, Strub seconded, to approve the minutes for the City Council meeting held on May 20, 2024, as presented. All Ayes. Motion carried. Approval of Minutes for the May 20, 2024, Executive Session Petryk made motion, Klein seconded, to approve the minutes for the executive session held on May 20, 2024, as presented All Ayes. Motion carried. Approval of Minutes for the May 21, 2024, Nystrom Ribbon Cutting Strub made motion, Miron seconded, to approve the minutes for the Nystrom Ribbon Cutting held on May 21, 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 June 3, 2024 Page 2 of 11 Approval of Consent Agenda Miron made motion, Klein seconded, to approve the following Consent Agenda. 11.. Approve Claims Roster 2. Approve Annual Performance Review for Public Works Mechanic Steven Garcia 3. Approve Annual Performance Review for Public Works Worker Corey Triemert 4. Approve Annual Performance Review for Public Works Worker Riley Hollerback 5. Approve Annual Performance Review for Public Works Streets Lead Worker Tom Smith 6. Approve Hiring Terry Hagstrom as Temporary Building Inspector 7. Approve Firefighter Darek Albertson as Engineer on the Hugo Fire Department 8. Approve Firefighter Brian Kindelberger as Lieutenant on the Hugo Fire Department 9. Approve Donation from the Hugo American Legion to the Hugo Fire Department 10. Approve Quotes for Fire Department Kitchen Remodel 11. Approve Summary Ordinance for Publication on Solar Farm Moratorium 12. Approve Special Event Permit for Ragnar Relay Minnesota on August 9, 2024 13. Approve Special Event Permit for Tough Mudder on June 29-30, 2024 14. Approve Temporary Liquor License for Hugo Lions Club for Tough Mudder on June 29- 30, 2024 15. Approve Resolution Approving Encroachment Agreement for 15873 Ethan Trail North 16. Approve Resolution Approving Variance for 12494 Goodview Avenue North 17. Approve Authorization to Amend Shooting Ordinance Map All Ayes. Motion carried. Approve Claims Roster Adoption of the Consent Agenda approved the Claims Roster as presented. Approve Annual Performance Review for Public Works Mechanic Steven Garcia At its June 6, 2023, meeting, Council approved the hiring of Steve Garcia as the new Public Works Mechanic beginning June 7, 2023. Adoption of the Consent Agenda approved the Annual Performance Review for Public Works Mechanic Steve Garcia. Approve Annual Performance Review for Public Works Corey Triemert At its June 6, 2022, meeting, Council approved the hiring of Corey Triemert as a Public Works Worker beginning on June 30, 2022. Adoption of the Consent Agenda approved the Annual Performance Review for Public Works Worker Corey Triemert. Approve Annual Performance Review for Public Works Worker Riley Hollerback At its June 6, 2022, meeting, Council approved the hiring of Riley Hollerback as a Public Works Worker beginning on June 30, 2022. Adoption of the Consent Agenda approved the Annual Performance Review for Public Works Worker Riley Hollerback. Council Meeting Minutes for June 3, 2024 Page 3 of 11 Approve Annual Performance Review for Public Works Streets Lead Worker Tom Smith Tom Smith was hired by the City of Hugo on June 26, 2000, as a Worker in Public Works Department and promoted to Streets Lead Worker on April 17, 2023. Adoption of the Consent Agenda approved the annual performance review for Public Works Worker Tom Smith. Approve Hiring Terry Hagstrom as Temporary Building Inspector Terry was hired on July 12, 2021, as a full-time building inspector for the City of Hugo. Terry retired on March 29, 2024. Due to the workload of the Building Department, staff had requested to rehire Terry on a temporary part-time basis beginning on June 7, 2024. Adoption of the Consent Agenda approved the hiring of Terry Hagstrom as a temporary building inspector. Approve Firefighter Darek Albertson as Engineer on the Hugo Fire Department In March, the Hugo Fire Department posted to fill two open Engineer positions. After Chief Engineer Kaspszak and Deputy Chief Jensen conducted an interview, they chose Darek Albertson to fill one of the open positions with a start date of June 1, 2024. Darek had recently completed a Fire Apparatus Operator course put on by Century College and had been with the Fire Department since December of 2021. Adoption of the Consent Agenda approved Darek Albertson as an Engineer on the Fire Department. Approve Firefighter Brian Kindelberger as Lieutenant on the Hugo Fire Department After restructuring the leadership ranks within the department, two Lieutenant positions were posted within the department. On Tuesday, May 28, 2024, Fire Chief Jim Compton, Deputy Chief Jensen, and Assistant Chief Emans conducted an interview for one of the open Lieutenant positions and chose Brian Kindelberger for one of the Lieutenant positions with a start date of June 1, 2024. Brian had been with the fire department since December of 2013 and had served as a Lieutenant from March of 2018 to August of 2022. Adoption of the Consent Agenda approved Brian Kindelberger as a Lieutenant on the Hugo Fire Department. Approve Donation from the Hugo American Legion to the Hugo Fire Department The Hugo American Legion had requested to donate $1,000 to the Hugo Fire Department from pull-tab proceeds for equipment. 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 Quotes for Fire Department Kitchen Remodel Over the past several years, the City of Hugo had been making updates to the fire station that was built in 1999. To keep in line with the updates, Fire Chief Jim Compton, Jr. had proposed a kitchen remodel project that was included in the 2024 City CIP. As part of the project, members of the department would do the general contracting, demolition work, painting, and other miscellaneous work to save money on the project. Quotes had been solicited for different trades to do work on the cabinetry, finish carpentry work, flooring, and ventilation. All quotes were Council Meeting Minutes for June 3, 2024 Page 4 of 11 reviewed and the results discussed with the Finance Director who had indicated that sufficient funding had been budgeted in the Building Maintenance Fund. The work was expected to cost between $30,536 - $33, 536. Adoption of the Consent Agenda approved the quotes from Kramer Mechanical Plumbing and Heating, Preferred Kitchens, and Albertson Construction, Inc. and other miscellaneous material and labor expenses to complete the Fire Department kitchen remodeling project. Approve Summary Ordinance for Publication on Solar Farm Moratorium At its May 20, 2024, meeting, Council had approved an ordinance for a moratorium on solar farms. Staff had prepared a summary of the ordinance for publication. Adoption of the Consent Agenda approved SUMMARY ORDINANCE 2024-530 SUMMARY OF AN INTERIM ORDINANCE PLACING A TEMPORARY MORATORIUM ON NEW DEVELOPMENT OF SOLAR FARM SOLAR ENERGY SYSTEMS AND DIRECTING A STUDY TO BE CONDUCTED. Approve Special Event Permit for Ragnar Relay Minnesota on August 9, 2024 Ragnar Events, LLC had applied for a Special Event Permit to hold a 200-mile overnight relay race beginning in Minneapolis on Friday, August 9 and ending in Duluth on Saturday, August 10. Event organizers had requested to use the Hugo Public Works parking lot as an exchange point for runners during the relay on Friday, August 9. At peak times, it was expected there would be about 32 cars in the lot. For most of the day, there would be approximately 15-20 at any given time. Special Event Permits needed to be approved by Council for events with over 200 people in attendance. Approximately 2,500 total participants were expected but only approximately 230 runners spread out over the course. Adoption of the Consent Agenda approved the Special Event Permit for Ragnar Relay Minnesota on August 9, 2024, subject to the conditions in the staff memo. Approve Special Event Permit for Tough Mudder on June 29 - 30, 2024 Tough Mudder had applied for a Special Event Permit to hold a two-day endurance sport event at Wild Wings Game Farm on June 29-30, 2024. Tough Mudder, a for profit company, has held events in the US since 2010 and elsewhere in the world since 2016. This would be the eighth year the event would be held at Wild Wings. Special Event Permits needed to be approved by Council for events with over 200 people in attendance, alcohol, and amplified sound. It was estimated 5,900 people would be on site on Saturday and 1,500 on Sunday. There would also be impacts to public streets, use of an amplified sound system, and alcohol served. Adoption of the Consent Agenda approved the Special Event Permit for the Tough Mudder on June 29-30, 2024, subject to the conditions in the staff memo. Approve Temporary Liquor License for Hugo Lions Club for Tough Mudder on June 29 - 30, 2024 The Hugo Lions Club had applied for a Temporary Liquor License to provide beer and seltzers at the Tough Mudder on June 29 and 30, 2024, at Wild Wings Game Farm. Staff had received the permit application, fee, and proper insurance. Adoption of the Consent Agenda approved the Council Meeting Minutes for June 3, 2024 Page 5 of 11 Temporary Liquor License for the Lions Club for the Tough Mudder on June 29 and 30, 2024, subject to receipt of the permit fee. Approve Resolution Approving Encroachment Agreement for 15873 Ethan Trail North Mary Ward had requested an encroachment agreement to allow construction of a fence within a drainage and utility easement on property located at 15873 Ethan Trail 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 2024-22 APPROVING AN ENCROACHMENT AGREEMENT TO ALLOW CONSTRUCTION OF A FENCE WITHIN A DRAINAGE AND UTILITY EASEMENT ON THE PROPERTY LOCATED AT 15873 ETHAN TRAIL NORTH. Approve Resolution Approving Variance for 12494 Goodview Avenue North Michael and Lindsay Osterman had requested a variance to construct a 3,000 square foot accessory building to be placed in front of the house relative to the street, where placement behind the house was required by ordinance. At its May 23, 2024, meeting, the Board held a public hearing voted unanimously to recommend that the City Council approve the resolution approving the variance request for 12494 Goodview Avenue North. Adoption of the Consent Agenda approved RESOLUTION 2024-23 APPROVING A VARIANCE FROM THE ACCESSORY BUILDING PLACEMENT REQUIREMENT FOR PROPERTY LOCATED AT 12494 GOODVIEW AVENUE NORTH Approve Authorization to Amend Shooting Ordinance Map At its meeting on May 17, 2010, the Council approved amendments to the Shooting Regulations in the Hugo City Code. The amendments included adoption of a Controlled Shooting Area Map that identifies an area that is subject to certain restrictions, which was amended by the City Council at its November 11, 2021, meeting to include land which had since been developed with neighborhood homes and parks. These restrictions prohibit discharging a firearm or controlled weapon within 500 feet of a building occupied by human or livestock or a stockade or corral containing livestock. It also prohibits discharge of a firearm or controlled weapon within 500 feet of any public road. Areas of the City not in the Controlled Shooting Area may discharge a firearm on their own property or on private property with the consent of the owner or legal occupant, as regulated by the DNR. Staff recommends the Controlled Shooting Area be expanded to include land which has been developed with neighborhood homes and parks since the 2021 map revision. Adoption of the Consent Agenda approved authorization to draft an amendment to the Controlled Shooting Area Map for Council approval. Approve Site Plan, Conditional Use Permit, and Development Agreement for Liberty Classical Academy at 10158 122nd Street North This was removed from the Consent Agenda by a person in the audience. Council Meeting Minutes for June 3, 2024 Page 6 of 11 Community Development Director Rachel Juba explained that Liberty Classical Academy was seeking approval of a site plan and conditional use permit (CUP) for an approximately 33,500 square foot building addition to the existing school and associated parking on the property located at 10158 122nd Street North. The building addition would include classrooms, gymnasium, and other learning spaces. The addition would be added to the north of the existing building. The existing parking lot would be moved to the east of the building, and access would be off Keller Avenue. Washington County required the access to 120th Street North be removed except for emergencies. Juba reviewed the building materials, architecture, and the criteria for approving a Conditional Use Permit. The property was guided as Public/Quasi Public/Agricultural in the 2040 Comprehensive Plan and zoned Agricultural which allowed for schools with a CUP. She said staff found it met all the ordinance standards for site plan and CUP approval. At the May 9, 2024, City of Hugo Planning Commission meeting, a public hearing on the request was held, and the Planning Commission unanimously recommended approval subject to changes to the lighting plan and parking lot setbacks, and they directed staff to have additional discussion with the County on access. Staff met with Washinton County on May 21, 2024, who confirmed the access on Keller Avenue was reasonable and safe and stated the roads had capacity for additional traffic with improvements of turn lanes. The applicant had also applied for a CUP in May Township for the stormwater facilities and septic system to be located in May Township. Their Planning Commission held a public hearing on May 30, 2024. There was a motion to approve it subject to three additional conditions, but the motion failed, and it would go to the Town Board on June 6, 2024, with no recommendation from the Planning Commission. Council had questions on the parking lot lighting plan, access, school zone signage, and turn lanes. Juba answered the questions saying staff had received revised parking lot and lighting plans, but they had not yet been reviewed. The current access did not meet the County’s requirements, and the County was comfortable with one on Keller Avenue with the addition of turn lanes, which the school would be responsible for construction and financing. Washington County had criteria for school zone signage, but as proposed, the school did not meet the criteria. Weidt invited the applicant to speak. Rebekah Hagstrom, Headmaster at Liberty Classical, explained that Liberty opened 21 years ago and is a classical and Christian school open to all backgrounds. There were currently 221 students, including staff, and when they open the addition, there would be approximately 351 total. She talked about meetings they held in November 2022 and in January 2023 when they moved into the old Withrow Elementary School. She said they had sent invites to everyone in a mile radius, and few attended. Those that did attend gave positive feedback, and she offered to have more meetings. She talked about the lights being designed to fit into the rural area. She sees the school as serving a need for the community and said she wanted to work to be a good neighbor. Elise Kelly, Pope Design Group, said she was working on this master plan, and they were Council Meeting Minutes for June 3, 2024 Page 7 of 11 seeking approval of the CUP. She talked about the CUP criteria saying the use was compatible, they met the setbacks, and the materials and landscape plan met the standards. She said they had been working with Washington County, and Keller Avenue has adequate compacity to serve school. They had reduced the lighting. Weidt asked if there was right-of-way that needed to be purchased for the road improvements, and Kelly replied there was not. Mayor Weidt explained to the audience that the discussion to happen this evening was on the current application for expansion of the school, not their future plans. He opened the floor for comments. Cort Jerome, 12444 Keller Avenue North, said he attended Liberty’s meetings years ago, and they were held during times people work, so there were not many there. He talked about the petition that had over 400 signatures saying they were not against the school but against the campus and the anticipated phase two they see as apparent with the planned infrastructure. He commented that Keller Avenue was not equipped to handle the traffic. He asked for a little time to work with Liberty on the problem together and suggested forming a committee. He made comparisons to Wildwood School where the cars were not on the streets but on school property. Weidt asked him what issues he thought needed to be fixed. Cort replied there could be two entrances, and the septic and holding pond should be on Hugo property because they were setting up for phase two. Weidt explained that phase two was not automatic. Weidt said they needed to do this phase correctly first, and he wanted it to be clear that this approval would have nothing to do with phase two. Cort commented on the distance to emergency services by telling of when he heard the school alarm go off one summer, and it took 20 minutes for the firetrucks to show up. Bill Wright, 12388 Keller Avenue North, said he had no concerns with having the school there, but was not in favor about their anticipated plan of building a campus development staring with the installation of the septic system proposed for the property in May Township. He said the plan was designed by someone who does not live there. He requested there be stronger language on timers and dimmers of the outdoor lighting. He talked about the surrounding character and anticipated traffic congestion. He explained the character of the area was why he lived there instead of near the amenities of a larger city saying it was a tradeoff to give those up to live in a rural area away from the congestion. He talked about the access off 122nd Street not being vetted and how they needed to do their due diligence. Dave Dobrotka, 12515 Keller Avenue North, said he supported the school being there because he has two kids going through the program and wife teaches there. He said he was not excited about it at first, but he realized things change and the land could turn into a development. He stressed his support but was also concerned about lights and thought they should look at other options for access unless it was a hard “no” from Washington County. Chris O’Connell, 11115 122 Street North, May Township, shared concerns about Keller Avenue and he questioned whether there was a traffic study done and reports on the ability for the road to handle traffic. City Engineer Mark Erichson responded that there was a study done, and a copy was included in the Council packet that highlighted existing traffic volumes and projections. This was reviewed by the traffic engineer from Washington County. Chris expressed concerns for kids crossing the road to get into a car that may be parked on the street. He talked about options, one of them being to put a four-way stop at 122nd and Keystone, in front of the Zahler Council Meeting Minutes for June 3, 2024 Page 8 of 11 property. Terry Poirier, 10284 122nd Street North, talked about being one of the three properties that would be looking at the parking lot out their back door. He referenced the recently denied solar farm because the neighbors there did not want to look at it. He said his concern was that he backs up to the parking lot. Beth Jerome, 12444 Keller Avenue North, said she did not want the access on Keller Avenue and made suggestions to use the existing access or go further east of the farms on 122nd Street into May Township. Another suggestion was to enter on 122nd Street and exit on Keller Avenue or vice versa. She commented that the Keller Avenue and 122nd Street intersection was treacherous in the winter. She said they were not anti-school, but there were other workable solutions. Chris Hause, 11120 121st Street North, May Township, said he thought the school was doing a great thing for the community, but Hugo does not have the space in the area to accommodate the infrastructure. He guess the septic system would be more of a water treatment facility with the number of gallons of sewage, and the City of Hugo should not pass the CUP and push the problem to another entity. He talked about safety saying there was probably not a place in the county further away from safety services. Elise addressed some of the questions that were asked. She explained they did due diligence with the traffic plan, and the County required the access to be ¼ mile from any intersection, so existing access points would not work. They were currently grandfathered in. If they accessed it across from Keystone Avenue, they would have to tear down houses that people were living in. The only location they could have an access point off 122nd Street would be a quarter mile to the east of the Keystone intersection but could cost between $750,000 to $1 million dollars for the required left turn lane and widening of the road. She noted that she did not live in Hugo but had been an architect for 14 years. They are looking at phase one but are forward thinking so they have thought about a full design that did require the septic to be put in May Township. In Hugo, they would not meet the setbacks from wells, and a mound system would need to be aligned with the natural grade that was found to fit better on the May Township side. The system they were considering would only serve the current school and the addition. The holding pond was on the lowest point of the site which was in May Township and was designed for the full phase because the mass grading would eliminate massive piles of dirt. She addressed the issue of lighting saying the dimmers and timers could be programed appropriately. The parking lot was shown to be set back over 100 feet from the backyards of existing homes, and they would be adding an additional 30 feet. They were not proposing to remove any existing trees, would have low hedges to block headlights, and could add additional landscaping. She addressed the comment regarding the Zahler property, saying May Township would not allow it as mixed use on that site, so when the person was no longer living, they would need to remove the house. Regarding infrastructure, she said they had to meet MPCA requirements, and the septic system was not a water treatment facility but similar to what you would find on a golf course, and there were regulations including weekly checks. She added that the building would be sprinkled to meet the fire code. Petryk commented on the additional cost for the access to be on 122nd Street. Elise responded the cost would be for turn lands and a road through May Township, and it would be a hardship. Council Meeting Minutes for June 3, 2024 Page 9 of 11 Rebecca talked about the life estate on the occupied property saying it was for the family, and there was a 30-year commitment before removing the buildings. She said they did want to keep their current access but it was not allowed by Washington County. She stated there would be room for queueing in the parking lot so there would be no cars on the road. They currently bus between two buildings but will eventually do more. If a student abuses their driving privilege, they would remove their rights to drive to school, but they have had no problem with student drivers. Mike Brandt from Kimley Horn and Associates talked more about queueing saying there would be approximately room for 60 vehicles on site at a minimum. Rebecca explained the drop off and pick up patterns. Weidt talked about access off 122nd Street and Juba confirmed that the City could not force May Township to provide it. Weidt stated that the only other place the City could provide it would be through existing property where people were living. The only access allowed off 122nd Street was an emergency access with a gate. Miron commented on the lighting and compared it to the City Hall parking lot, which is not on a timer. He questioned whether that would be more effective than a set time. Weidt agreed there needed to be a different type of lighting and said he would like to see that as a requirement. He said he could not see how the City of Hugo could require the road anywhere but off Keller Avenue, and he liked the requirement to add 30 feet to the parking lot setback and additional screening. Klein commented that Washington County had the City’s hands tied, and May Township would need to be willing to allow a septic and a driveway to be put there. He agreed with the lights being adjusted and changes to the parking lot. Strub talked about the speed limit and whether it could be changed. Erichson responded that it was a County Road, and the City did not have jurisdiction. There could be further discussions with the County on school signs. Weidt said he could see no other solution, and he encouraged Liberty to be sure the traffic flows correctly. Klein made motion, Strub seconded, to approve RESOLUTION 2024-24 APPROVING A SITE PLAN, CONDITIONAL USE PERMIT, AND DEVELOPMENT AGREEMENT FOR LIBERTY CLASSICAL ACADEMY SCHOOL TO ALLOW AN ADDITION ON THE EXISTING SCHOOL LOCATED AT 10158 122ND STREET NORTH, with the addition of improved lighting plan, moving the parking lot north and providing adequate landscaping at the discretion of staff. Klein commented that he had heard a lot of support for the school and talked about the challenges schools face. He encouraged the school and neighbors to find a way to be more engaged moving forward. Miron added that he was glad the project was a school and thinks the school was a supported activity there. He commented that the site was unique and there were complexities to the design Council Meeting Minutes for June 3, 2024 Page 10 of 11 that required creative solution. He acknowledged the neighborhood’s anxiety regarding the future of the site, and he hoped the school and neighbors would find a way to engage. He appreciated that the comments from the audience were focused on the application before them. Weidt expressed his appreciation for everyone’s involvement and said it would be in Liberty’s best interest to be good neighbors and make this addition as smooth and painless as possible. He said it was a difficult decision and hoped Liberty would be a good neighbor. Upon role call- Ayes. Klein, Miron, Petryk, Strub, Weidt Nays: None Motion carried. The Mayor called for a short break, and the meeting resumed at 9:09 p.m. Premier Bank Good Neighbor Days Open House on Saturday, June 8, 2024 City Administrator Bryan Bear informed Council that Premier Bank, 14773 Flay Avenue North, was holding an open house during Good Neighbor Days on Saturday, June 8, 2024, from 11 a.m. – 5 p.m. Klein made motion, Petryk seconded, to schedule a meeting to attend the Premier Bank Open House on June 8, 2024. All Ayes. Motion carried. Premier Bank Grand Opening Tuesday, June 11, 2024 City Administrator Bryan Bear informed Council that Premier Bank, 14773 Flay Avenue North, will hold their grand opening on Tuesday, June 11, 2024, from 3:30-7 p.m. Klein made motion, Strub seconded, to schedule a meeting to attend the Premier Bank Grand Opening on June 11, 2024. All Ayes. Motion carried. Executive Session -White Bear Lake Homeowners Association Lawsuit City Attorney Dave Snyder advised Council to, pursuant to MN Statute Sec. 13D.05 Subd. 3(b), adjourn to Executive Session to receive attorney/client privileged information relating to the lawsuits filed by the White Bear Lake Homeowners Association Miron made motion, Strub seconded, to enter into Executive Session at 9:16 p.m. pursuant to MN Statute Sec 13D.05 Subd. 3(b) for attorney client privilege regarding the White Bear Lake Homeowners Association lawsuit. All Ayes. Motion carried. Council Meeting Minutes for June 3, 2024 Page 11 of 11 Miron made motion, Petryk seconded, to resume the regular session at 9:36 p.m. City Attorney Dave Snyder explained the Council had met in executive session in the matter of restrictions to water appropriations permits filed with the Office of Administrative Hearings. Present were City Council, City Attorney Dave Snyder, City Administrator Bryan Bear, and City Clerk Michele Lindau. Based on the discussion, staff had been fully informed of the premises. Adjournment Klein made motion, Miron seconded, to adjourn at 9:39 p.m. All Ayes. Motion carried. Respectfully Submitted, Michele Lindau, City Clerk