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Hugo City Council Meeting Minutes for January 3, 2022 <br />Page 5 of 9 <br /> <br />Approve Appointment of Mayor Tom Weidt, Planning Commissioner Cindy Petty, and <br />Resident Scott Arcand to the Board of Zoning Appeals and Adjustments <br /> <br />Annually, the Council needed to appoint a member of the Planning Commission, City Council, <br />and a resident to serve on the Board of Zoning Appeals and Adjustments. Tom Weidt as the City <br />Council representative, Cindy Petty as the Planning Commission representative, and Scott <br />Arcand as the resident representative have all agreed to serve on BOZA. Adoption of the <br />Consent Agenda approved Tom Weidt, Cindy Petty, and Scott Arcand to serve on the Board of <br />Zoning Appeals and Adjustments for one-year terms. <br /> <br />Approve Appointment of Tom Weidt as Chair of the Board of Zoning Adjustments <br /> <br />Annually, the Council needed to appoint the Chair of the Board of Zoning Appeals and <br />Adjustments. Adoption of the Consent Agenda approved the reappointment of Board Member <br />Tom Weidt as Chair of the Board of Zoning Appeals and Adjustments for 2022. <br /> <br />Approve Ordinance Amending Tobacco Ordinance to Comply with State Statute and <br />Publication of Summary Ordinance <br /> <br />At its October 18, 2021, meeting, Council authorized staff to draft an amendment to the <br />Tobacco Ordinance to align with the State Statute adopted in May, 2020. Tobacco 21 Laws <br />changed the age from 18 to 21 to purchase tobacco or tobacco-related devises; removed <br />penalties for underage procession, purchase, and use; required compliance checks to be done by <br />decoys between 17 and 20 years of age; and increased the minimum penalties for a licensee or <br />employee of a licensee who is in violation. Minimum penalties for violations were adopted with <br />the 2022 Fee Schedule. Adoption of the Consent Agenda approved ORDINANCE 2022-511 <br />AMENDING CHAPTER 38 – HEALTH AND HUMAN SERVICES, ARTICLE III <br />TOBACCO, TO ALIGN WITH THE FEDERAL T21 LAWS AND MN STATE STATUTE <br />461.12. <br /> <br />Approve Encroachment Agreement for Schaubschlager at 5859 128th Bay North <br /> <br />Kalpana and Tyler Schaubschlager, 5859 128th Bay North, had requested an encroachment <br />agreement to allow construction of a fence within a drainage and utility easement on property <br />located at 5859 128th Bay North. The Senior Engineering Technician Liz Finnegan had <br />reviewed the location of the fence and was comfortable with the request. The applicant was <br />aware that there is an existing sewer line near the proposed fence. Adoption of the Consent <br />Agenda approved RESOLUTION 2022-1 APPROVING AN ENCROACHMENT <br />AGREEMENT FOR KALPANA AND TYLER SCHAUBSCHLAGER TO ALLOW <br />CONSTRUCTION OF A FENCE WITHIN A DRAINAGE AND UTILITY EASEMENT ON <br />THE PROPERTY LOCATED AT 5859 128TH BAY NORTH. <br /> <br />Approve Pay Request No. 4 to Peterson Companies for the 2021 Downtown <br />Improvement/Lions Park Project <br /> <br />Peterson Companies, Inc. had submitted Pay Request No. 4 in the amount of $1,506,125.98 for <br />work certified through December 31, 2021, on the 2021 Downtown Improvement/Lions Park <br />Project. All the roadways within the project had been completed, and work was ongoing within