HomeMy WebLinkAbout2018.05.21 CC packetEST. 1906
00
14669 Fitzgerald Avenue North - Hugo, MN 55038
A. CALL TO ORDER
B. ROLL CALL
C. PLEDGE OF ALLEGIANCE
D. APPROVAL OF MINUTES
Agenda
HUGO CITY COUNCIL MEETING
HUGO CITY HALL
MONDAY, MAY 21, 2018 — 7 P.M.
1. May 7, 2018, City Council Meeting
2. May 15, 2018 Law Enforcement Memorial Day
E. APPROVAL OF AGENDA
F. APPOINTMENTS/PRESENTATIONS
1. Bayport American Legion Donation to the Hugo Yellow Ribbon
2. Presentation of GFOA Award for Excellence in Financial Reporting - Finance Director
Ron Otkin
G. CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine by the City Council
and will be enacted by one motion and a roll call vote. If a member of the City Council or
the public wishes to discuss an item, that item will be removed from the Consent Agenda and
will be considered separately.
1. Approve Claims Roster
2. Approve Annual Performance Review for Public Works Worker Rick Kieffer
3. Approve Temporary Hiring of Former Building Official John Benson
4. Approve Rachel Juba as the New City Community Development Director
5. Approve Reciprocal Emergency Service Agreement with White Bear Lake Fire
Department
6. Approve Leave of Absence for Firefighter Andy Luchsinger
7. Approve Application for Water Surface Use Permit for David Strub on Sunset Lake
8. Approve Application for Water Surface Use Permit for Mike Ball on Round Lake
9. Approve Board of Trustees Request for Increase in Lump -Sum Pension
10. Approve Resolutions Approving Oneka Place Preliminary Plat and PUD
11. Approve Authorization to Apply for a Washington County CDA Predevelopment
Grant
H. UNFINISHED BUSINESS
Update on White Bear Lake Lawsuit
I. NEW BUSINESS
Update on Lions Park
J. VISITOR PRESENTATIONS
None Scheduled
K. COUNCIL PRESENTATIONS
Update on Yellow Ribbon Network
L. ADMINISTRATIVE PRESENTATIONS
Gravel Workshop on Tuesday, May 22, 2018
M. ADJOURNMENT
BACKGROUND MEMO FOR THE CITY COUNCIL MEETING ON MAY 21, 2018
D.1 Approval of Minutes for the May 7, 2018, City Council Meeting
D.2 Approval of Minutes for the May 15, 2018 Law Enforcement Memorial Day
Staff recommends Council approve the above minutes as presented.
F.1 Bayport American Legion Donation to the Hugo Yellow Ribbon
The Bayport American Legion will be presenting a donation to the Yellow Ribbon Network for
their volunteer work at the Meat Raffles at Sal's Angus Grill from October, 2017 — April, 2018.
F.2 Presentation of GFOA Award for Excellence in Financial Reporting - Finance Director
Ron Otkin
Finance Director Ron Otkin has received notification from the Government Finance Officers
Association of the United States and Canada that the Hugo Finance Department has received
their 24th Certificate of Achievement for Excellence in Financial Reporting. As Council is aware,
this certificate is the highest form of recognition in governmental accounting and financial
reporting, and its attainment represents a significant accomplishment by a government and its
management.
G.1 Approve Claims Roster
Staff recommends Council approve the Claims Roster as presented.
G.2 Approve Annual Performance Review for Public Works Worker Rick Kieffer
Rick Kieffer was re -hired by the City of Hugo on May 31, 2005 returning after a short period of
time in the private sector. Over the past 12 years, Rick has worked under the direction of Public
Works Director Scott Anderson who recommends Council approve the Annual Performance
Review for Public Works Worker Rick Kieffer.
G.3 Approve Temporary Hiring of Former Building Official John Benson
John Benson served as the Building Official for the City of Hugo for 22 years before retiring in
March, 2010. Due to increased workloads, current Building Official Chuck Preisler is
recommending that the City hire John to work for the City doing plan review on Tuesdays and
Thursdays beginning May 22, 2018, at a pay rate of $30/hour plus mileage. Staff recommends
Council approve the hiring of John Benson as a temporary employee in the Building Department.
GA Approve Rachel Juba as the New City Community Development Director
Rachel Juba was employed as a community development intern from February 2006 to January
2007, Associate Planner from January 2007 to March 2010, and as a Planner from March 2010 to
present. City Administrator Bryan recommends Rachel be promoted to fill the vacant
Community Development Director position at paygrade 10, step 2.
G.5 Approve Reciprocal Emergency Service Agreement with White Bear Lake Fire
Department
The Hugo Fire Department is requesting approval of the Reciprocal Emergency Services
Agreement with the White Bear Lake Fire Department. This agreement would provide the best
possible emergency services and automatic response to structure fires by making equipment,
personnel, and other resources available to both departments as outlined in the agreement. Staff
recommends Council approve the Reciprocal Emergency Services Agreement with the White
Bear Lake Fire Department.
G.6 Approve Leave of Absence for Firefighter Andy Luchsinger
Firefighter Andy Luchsinger is requesting a four -month leave of absence from the Hugo Fire
Department for personal reasons effective May 5, 2018 to September 9, 2018. Staff recommends
Council approve the Leave of Absence for Firefighter Andy Luchsinger.
G.7 Approve Application for Water Surface Use Permit for David Strub on Sunset Lake
On behalf of residents living on Sunset Lake, resident David Strub has made application to the
City of Hugo for a water surface use permit to allow residents to water ski on the slalom course
on the lake. Washington County Sheriff's Department has provided the application form that has
been completed by David Strub. City staff recommends Council approve the application for a
water surface use permit for a water skiing course on Sunset Lake.
G.8 Approve Application for Water Surface Use Permit for Mike Ball on Round Lake
On behalf of residents living on Round Lake, Resident Mike Ball has made application to the
City of Hugo for a water surface use permit to allow residents to water ski on the slalom course
on the lake and put a water ski jump on the lake. Washington County Sheriff's Department has
provided the application form that has been completed by Mike Ball. City staff recommends
Council approve the application for a water surface use permit for a water skiing course on
Round Lake.
G.9 Approve Board of Trustees Request for Increase in Lump -Sum Pension
The Board of Trustees for the Hugo Firefighter's Relief Association formally requested City
Council ratification of an increase of $200 per year of service in their lump -sum pension benefit.
The Finance Department has reviewed this request and found it to be financially feasible and
consistent with the Pension Fiscal Policy adopted in April, 2012. Adoption of the Consent
Agenda ratified the Board of Trustees request for a $200 increase in their lump -sum pension
benefit and corresponding change to their By -Laws.
G.10 Approve Resolutions Approving Oneka Place Preliminary Plat and PUD
CPDC — Pratt — Oakwood, LLP, is requesting approval of a Preliminary Plat and Planned Unit
Development (PUD) for a residential development. The property totals 117.5 acres and is
comprised of 3 parcels. The preliminary plat includes 177 single family residential lots and 10
outlots to be known as "Oneka Place". The Planning Commission recommended approval of the
applications. The Parks Commission recommended approval of the park dedication proposal,
with two conditions added to the resolutions. Staff recommends approval of the preliminary plat
and PUD ordinance and resolutions, subject to the conditions listed in the resolutions.
G11. Approve Authorization to Apply for a Washington County CDA Predevelopment
Grant
Washington County CDA recently provided an opportunity to apply for pre -development grants
for economic development. Staff has received inquiries from property owners around 165th Street
and Highway 61 on how/when the properties will be served by City sewer and water. There are
complexities with serving the properties. Staff recommends applying for a pre -development
grant to evaluate a number of key elements to facilitate the development of this area. Staff
recommends approval of the resolution authorizing submittal of the Washington County CDA
Pre -development Grant Application in the amount of $10,000
H.1 Update on Lions Park
At their meeting of May 16, 2018, the Parks Commission discussed the current status of the
playground at Lions Park. Complaints have been received regarding the condition of the play
equipment. Upon recent inspection of the playground, a few safety issues needed to be
addressed including removal of a cracked slide, replacement of wooden foot boards, and other
repairs. It is estimated that the primarily wooden playground equipment has less than a year of
safe use left without substantial repairs. The Parks Commission discussed the frequent use of the
playground, the small scale of the current equipment, and having an aggressive timeline to
address the issues. They also noted that upon re -development of Lions Park, that playground
equipment can be relocated. The Parks Commission made a recommendation to the City
Council to allocate up to $100,000 for replacement of the playground at Lions Park.
I.1 Update on the White Bear Lake Lawsuit
Staff will provide Council an update on the White Bear Lake Lawsuit.
K.1 Update on the Yellow Ribbon Network
Council Member Chuck Haas and Phil Klein will report to Council on the Yellow Ribbon
Network activities held recently.
L.1 Gravel Roads Workshop on Tuesday, May 22, 2018
At its May 7, 2018, meeting, the Council rescheduled the workshop to discuss the gravel roads in
the City from May 14th to May 22nd. The workshop will take place in the Council Chambers at 7
p.m.
M. Adiournment
00
14654 Fitzgerald Avenue North - Hugo, MN 55038
Call to Order
Mayor Weidt called the meeting to order at 7:00 p.m.
PRESENT: Haas, Klein, Miron, Petryk, Weidt
ABSENT: None
Minutes
HUGO CITY COUNCIL MEETING
HUGO CITY HALL
MONDAY, MAY 7, 2018 — 7 P.M.
ALSO PRESENT: City Administrator Bryan Bear, City Attorney Dave Snyder, ty E u r
Mark Erichson, Planner Rachel Juba, and City Clerk Michele Lindau
Moment of Silence for Sergeant Joe Bergeron
The Mayor called for a moment of silence to remember Hugo resident and Maplewood Police
Sergeant Joe Bergeron who was killed in the line of duty eight years ago while responding to a
carj acking.
Moment of Silence for Former City Assessor Frank Langer
The Mayor called for a moment of silence to remember former City Assessor Frank Langer who
passed away on April 30, 2018, after a battle with cancer. Frank was Hugo's assessor from 1979
to 2015. He was 75 years old.
Minutes for the April 11, 2018 Street Proiect Open House
Klein made motion, Miron seconded, to approve the minutes for the Oneka Lake Boulevard and
Harrow Avenue street project open house on April 11, 2018, as presented.
All Ayes. Motion carried.
Minutes for the April 12, 2018 Local Board of Appeals and Equalization
Miron made motion, Klein seconded, to approve the minutes for the Local Board of Appeals and
Equalization meeting held on April 12, 2018, as presented.
.upow
All Ayes. Motion carried.
Minutes for the April 16, 2018 City Council Meeting
Klein made motion, Miron seconded, to approve the minutes for the City Council meeting held on
April 16, 2018, as presented.
All Ayes. Motion carried.
Hugo City Council Meeting Minutes for May 7, 2018
Page 2 of 9
Minutes for the April 28, 2018 Dedication Ceremony for Homes for Habitat
Petryk made motion, Klein seconded, to approve the minutes for the dedication ceremony for
Homes for Habitat held on April 28, 2018, as presented.
All Ayes. Motion carried.
Minutes for the April 28, 2018 Kidz `n Biz Festival
Miron made motion, Klein seconded, to approve the minutes for the Kidz `n Biz festival held on
April 28, 2018, as presented.
All Ayes. Motion carried.
Approval of the Agenda
Weidt made motion, Miron seconded, to approve the agenda as amended by staff to add approval
of an off -site gambling permit for bingo and a fireworks permit for Good Neighbor Days.
All Ayes. Motion carried.
Good Neighbor Days — Lions Members Dan Balthazor and Craig Tracy
The Hugo Good Neighbor Days Festival will be held Thursday, June 7th - Sunday, June 1 Oth in
Lions Park. Lions Dan Balthazor and Craig Tracy were in attendance to provide information on
the event and request the City co-sponsor the event by waiving the Special Event Permit fee and
provide presence of the Washington County Sheriff's Office deputies during the event, as in the
past. Dan and Craig explained the Lions Club will run the event similar to past years to include a
parade, music, food, beer garden, petting zoo, carnival rides, trout pond, and fireworks. On
Saturday morning a Technicolor Run will be held by the Children's Theater, and there will be
bands on Friday and Saturday night. The theme this year is "Wind, Weather, We Stand Together"
to commemorate the 1 Oth anniversary of the Hugo tornado. This is the 42nd year of Good
Neighbor Days, and the Council thanked the Lions for all they do for the community.
Miron made motion, Klein seconded, to approve the co-sponsorship of the Hugo Good Neighbor
Days Festival on June 7-10, 2018.
All Ayes. Motion carried.
Approval of the Agenda
Haas made motion, Klein seconded, to approve the following Consent Agenda:
1. Approval of Claims
2. Approve Annual Performance Review for Parks Planner Shayla Denaway
3. Approve Special Event Permit for Blue Heron Grill Tent Party on June 22 and 23, 2018
Hugo City Council Meeting Minutes for May 7, 2018
Page 3 of 9
4. Approve Special Event Permit for MS 150 Bike Tour on June 10, 2018
5. Approve Special Event Permit for Technicolor Fun Run on June 9, 2018
6. Approve Agreement with Elavon for Credit Card Merchant Account
7. Approve Hiring of Public Works Seasonal Employees
8. Approve Final Plat and Development Agreement for Adelaide Landing 2nd Addition
9. Approve Temporary On -sale Liquor License for the Lions Club for Good Neighbor Days
10. Approve Resolution Approving the Pursuance of Agreer
Improvements to the TH61/170th Intersection Landscapil
11. Approve Resolution and Master Partnership Agreement
12. Approve Off -Site Gambling Permit for Hugo Lions for 1
13. Approve Permit for Fireworks at Good Neighbor Days.
All Ayes. Motion carried
Approval of Claims
Adoption of the Consent Agenda approved the Claims Roster as presented.
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
Approve Special Event Permit for Blue Heron Grill Tent Party on June 22 and 23, 2018
The Blue Heron Bar and Grill, 14725 Victor Hugo Boulevard, had applied for a Special Event
Permit for their annual outdoor tent party to be held on Friday, June 22 and Saturday, June 23,
2018. A Special Event Permit approved by Council was necessary because alcohol will be sold
outdoors, over 200 people are expected to attend, it will extend after dark, and there will be
amplified music. Bands were scheduled to play from 6-8 p.m. and 9-midnight on each day. The
music would be outdoors in a tent adjacent to the west entrance of the building. This event had
been held for the past five years with improvements made each year. Adoption of the Consent
Agenda approved the Special Event Permit for the Blue Heron Grill Tent Party subject to the
conditions in the memo to Council.
Approve Special Event Permit for MS150 Bike Tour on June 10, 2018
The MS Society had applied for a Special Event Permit for their annual bicycle event. This
required a permit because there will be between 3,500-4,000 riders, and trails and streets in Hugo
will be used. The MS 150 is a fundraising event where riders begin in Duluth and ride to Century
College in White Bear Lake. The event will be held on June 9-10, 2018. On the second day,
riders will be traveling south through Hugo on the Hardwood Creek Trail and the shoulder of
TH61 between 10:00 a.m. and 4:30 p.m. MS 150 had contacted the Hugo Fire Department who
Hugo City Council Meeting Minutes for May 7, 2018
Page 4 of 9
will be helping with first aid at the Bald Eagle Lake rest stop, and the Washington County
Sheriff's Office had been notified. The MS 150 had been held successfully for the past several
years. Adoption of the Consent Agenda approved the Special Event Permit for the MS 150 on
June 10, 2018.
Approve Special Event Permit for Technicolor Fun Run on June 9, 2018
Children's Performing Arts had submitted a Special Event Permit application for approval of a
5K Technicolor Run on Saturday, June 9, 2018. This event required a Special Event Permit
approved by Council because the event could draw over 200 participants and would include the
use of City property and trails. The Technicolor Run is a fund-raising community event that will
take place on the Hardwood Creek Trail and begin and end at Lions Park. This Color Run was
being held in conjunction with Hugo Good Neighbor Days, and the applicant had worked closely
with the Lions Club on the details of the event. The run was anticipated to ,be concluded by 10:30
a.m. prior to the beginning of the Good Neighbor Days Parade at 11:00 a.m. Adoption of the
Consent Agenda approved the Special Event Permit for the Technicolor Fun Run on June 9, 2018.
Approve Agreement with Elavon for Credit Card Merchant Account
City staff has been working on the implementation of the Accela software for online permitting
and planning. As part of this program, residents, contractors, and developers will be able to apply
online for building permits and planning applications and also submit payment for them online.
Staff had been researching vendors for the acceptance of credit cards and has chosen Elavon for
the credit card merchant account. Adoption of the Consent Agenda approved the agreement with
Elavon as the vendor for online payments.' agggB'
Approve Hiring of Public Works Seasonal Employees
At its February 5, 2018, meeting, Council approved the advertisement for seasonal employees in
the Hugo Public Works Department. Employees in this positon would assist in maintaining the
City's park system, building grounds, road patching, and other work as needed. Staff had
received applications, conducted interviews, and made a recommendation to Council. Adoption
of the Consent Agenda approved the hiring of Marry Schwartz, Scott Marschke, Jack Menne,
Roly Guareschi, and Kraig Pettee as Public Works Seasonal Summer Employees for 2018.
Approve Final Plat and Development Agreement for Adelaide Landing 2nd Addition
The Excelsior Group had requested approval of a final plat in order to plat 70 lots and 5 outlots on
a 75 acre parcel located east of Highway 61 and north of 130th Street. The site was currently
vacant. The City Council had reviewed the preliminary plat and PUD for Adelaide Landing at its
May 1, 2017 meeting. At its October 2, 2017, meeting, the City Council approved the final plat for
the first phase of the development consisting of 81 residential lots. This final plat request would
plat 70 additional lots from the Adelaide Landing preliminary plat. The lots met the minimum lot
standards and requirements outlined in the regulations for the Adelaide Landing PUD. Adoption of
the Consent Agenda approved RESOLUTION 2018-7 APPROVING A FINAL PLAT AND
DEVLEOPMENT AGREEMENT FOR OP5 ADELAIDE, LLC FOR ADELAIDE LANDING 2nd
ADDITION.
Hugo City Council Meeting Minutes for May 7, 2018
Page 5 of 9
Approve Temporary On -sale 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 beer and Bloody
Marys at the Hugo Good Neighbor Days festival June 7-10, 2018. Adoption of the Consent
Agenda approved the temporary on -sale liquor license subject to receipt of a certificate of liability
insurance naming Hugo as additionally insured.
Approve Resolution Approving the Pursuance of Agreement with MnDOT for
Improvements to the TH61/17011 Intersection Landscaping
In 2013, improvements were made to the TH61/170th Street intersection to include a roundabout
and center island. In 2017, improvements were made to mound the center island to meet original
construction plans. The City also participated in the MnDOT Community Roadside Landscaping
Partnership Program that provided technical and financial assistance of $10,000 to re -landscape
the center island of the roundabout. The City and MnDOT were looking to continue to improve
the roundabout for its users by landscaping the right-of-way approaching the roundabout. This
would provide a visual cue for users that the road does not continue straight, and there is a traffic
control improvement ahead. Adoption of the Consent Agenda approved RESOLUTION 2018-8
APPROVING THE PURSUANCE OF A COOPERATIVE AGREEMENT WITH THE
MINNESOTA DEPARTMENT OF TRANSPORTATION FOR THE COMMUNITY
ROADSIDE LANDSCAPING PARTNERSHIP PROGRAM.
Approve Resolution and Master Partnership Agreement with MnDOT
One of the comments received from MnDOT on the City of Hugo's Oneka Lake Boulevard and
Harrow Avenue project was that the City of Hugo needed to update the State of Minnesota and
City of Hugo Master Partnership Contract. Both parties were identified as "road authorities" and
this Master Services Contract allowed each party to enter into Work Order Contracts (if desired)
for services from the other party to improve efficiency of delivering governmental services at all
levels. The proposed Master Partnership Contract would expire on June 30, 2022. Adoption of
the Consent Agenda approved the RESOLUTION NO. 2018-9 TO UPDATE THE MASTER
PARTNERSHIP CONTRACT WITH THE MN DEPARTMENT OF TRANSPORTATION
(MnDOT).
Approve Off -Site Gambling Permit for Hugo Lions for Good Neighbor Days Bingo
The Hugo American Legion had applied for an Off -Site Gambling Permit to conduct Bingo at
Hugo Good Neighbor days on June 7-10 at Lions Park. Adoption of the Consent Agenda
approved the Off -Site Gambling Permit.
Approve Permit for Fireworks at Good Neighbor Days.
The Hugo Lions Club had requested approval for fireworks as part of Good Neighbor Days. The
display would be done by PC Pyrotechnics, Inc. on June 9, 2018 at 10 p.m. Adoption of the
Consent Agenda approved fireworks for Good Neighbor Days on June 9, 2018.
Hugo City Council Meeting Minutes for May 7, 2018
Page 6 of 9
Public Hearing on the Vacation of Drainage and Utility Easement Adelaide Landing Outlot A
Excelsior Group had requested a vacation of the drainage and utility easement located over Outlot
A, Adelaide Landing. Planner Rachel Juba explained that Outlot A would be used for the
development of Adelaide Landing 2nd Addition, and new drainage and utility easements would be
placed on the lots at the time the final plat was recorded.
Weidt opened the public hearing. After receiving no comments, Weidt closed the public hearing.
Haas made motion, Petryk seconded, to approve the notice to vacate the drainage and utility
easement located over Outlot A, Adelaide Landing.
All Ayes. Motion carried.
Update on White Bear Lake Lawsuit
City Administrator Bryan Bear gave background on the White Bear Lake Lawsuit, providing
details on the judge's ruling and appeals. As a result of the judge's order the, the DNR added
restrictions on the City's appropriations permits. One condition appeared on the first amended
permit, which was to provide contingency planning to convert to surface water. Three other
conditions appeared on subsequent amended permits. The City appealed all four conditions at
once; however the DNR did not accept the appeal on the first condition. The City then appealed
the denial of that appeal. DNR informed all cities that a hearing will happen in front of an
administrative law judge in the contested case hearing. Bear further explained there is bill being
considered during the current legislation session to make it illegal for the judge to enforce the
order. It has been put on a dual track in the House and Senate as standalone bills, and it is also
part of the Omnibus Bills. The bill in the House was heard the following day, and the Senate will
come later. It was Bear's opinion that the standalone bills would pass, which was good since
there was little guarantee the Omnibus Bill would.
Miron questioned whether the DNR would still move forward with their appeal option. City
Attorney Dave Snyder stated they would since the order contained other language of concern.
Klein questioned whether the City would have to comply with the conditions in the order while
waiting for the appeals. Bear replied they would be put on hold until the appeals are finished.
Haas talked about the lawsuit being based on a particular section of law dealing with the
environment and not the normal statutory rules under which the DNR assesses appropriation
permits. It was his thought that the DNR may have troubles with this because it would open them
up for other lawsuits. Snyder agreed and stated the DNR may have trouble with enforcing the
conditions. He further spoke about how the lawsuit sought and received the extension of the
doctrine that states the DNR is the trustee for water, foremost to preserve surface water for
drinking, and the extension of this doctrine to underground water is open to question as is
elevating the recreational factor of White Bear Lake over drinking water.
Petryk voiced frustration based on the fact that Hugo has been a leader in water conservation and
done many things in advance of this court situation it is not getting any credit for.
Hugo City Council Meeting Minutes for May 7, 2018
Page 7 of 9
Approve Schwieters Properties LLP, Final Plat, Text Amendment, Site Plan, and CUP
Schwieters Properties, LLP, had requested approval of a final plat to be known as "Roy Molitor
3rd Addition" to create one lot and one outlot at 13676 Fenway Boulevard North. Planner Rachel
Juba explained the applicant was also requesting approval of a site plan for a 144,000 square foot
manufacturing/warehouse building with associated parking and exterior storage, a Conditional
Use Permit for the exterior storage and a Conditional Use Permit for a campus development to
allow multiple buildings on one parcel. A zoning text amendment was also required for the
exterior storage of raw lumber material stored outside that they will manufacture inside the
building. She presented the plans that showed future phases that include additional buildings.
Rachel explained the site plan was only for the manufacturing building, and future buildings
would require a site plan application to go before the Planning Commission. Staff was still
working with the applicant on screening for temporary storage until other building are built. The
Planning Commission held a public hearing and considered these requests at their April 26, 2018,
meeting. Residents expressed concerns regarding traffic, lighting, and noise. The applicant
addressed those concerns and acknowledged there would be more traffic. The Planning
Commission had recommended approval of the applications, subject to the conditions listed in the
draft resolution, draft ordinance, and conditional use permits.
Klein questioned the cost of putting in temporary screening that will be removed when future
building are built. Juba explained that City Code requires exterior storage to be screened, and
there is uncertainty when the other buildings will be built.
Mike Brass from Colliers International and Blake Schwieters from JL Schwieters stated they were
very excited to be expanding and growing their business in Hugo.
Weidt talked about the improvements of the railroad and how it contributed to the expansion in
the industrial park. The stated he appreciated Schwieter's decision to stay and grow in Hugo.
Haas thanked Schwieters for their generous donation of land for the Habitat for Homes in Hugo.
Weidt granted the request from resident Donald Patrick Jones to speak. He stated he lived in the
house just south of 1401h Street in the Fenway Place townhomes. He said he realized the land was
going to be developed and had no objections; however, he had concerns regarding noise, the four -
foot berm, "Jake braking", and possible expansion of 140th to the north making reference to the
pumping station, stating if the road was going to be widened, he would like it on the south side.
Juba replied that the four -foot berm on the north side would be five to ten feet wide at the top
with condensed plantings with evergreen trees that are six feet in height. She explained the work
will be done inside of the buildings, and the overhead doors would be closed, but there may be
sound from trucks outside. She stated there should be enough for expansion of the road, and the
pump station will not be expanded.
Petryk asked about the two buildings at the north, and Juba stated they were not for
manufacturing, which will take place to the south. It was felt the berm would be sufficient since
the buildings to the north will be offices, though Juba acknowledged there may be exterior storage
behind the office/ware house buildings.
Hugo City Council Meeting Minutes for May 7, 2018
Page 8 of 9
Weidt stated the City would work with the deputies to address the braking noise.
Miron made motion, Klein seconded, to approve RESOLUTION 2018-10 APPROVING A
FINAL PLAT FOR SCHWIETERS PROPERTIES LLP, FOR "ROY MOLITOR 3rd
ADDITION" LOCATED SOUTH OF 140TH STREET AND WEST OF FENWAY
BOULEVARD NORTH.
All Ayes. Motion carried.
Miron made motion, Petryk seconded, to approve ORDINANCE 2018-486
CHAPTER 90, ARTICLE II, SECTION 90-106, BUSINESS PARK (BP).
All Ayes. Motion carried.
h� Y•.
Petryk made motion, Klein seconded, to approve RESOLUTION 2018-11 APPROVING A
CONDITIONAL USE PERMIT FOR SCHWIETERS PROPERTIES LLP, TO ALLOW A
CAMPUS DEVELOPMENT ON THE PROPERTY LOCATED AT 13676 FENWAY
BOULEVARD NORTH.
All Ayes. Motion carried.
Petryk made motion, Klein seconded, to approve RESOLUTION 2018-12 APPROVING A
CONDITIONAL USE PERMIT FOR SCHWIETERS PROPERTIES LLP, TO ALLOW
EXTERIOR STORAGE ON THE PROPERTY LOCATED AT 13676 FENWAY BOULEVARD
NORTH.
All Ayes. Motion carried.
Haas made motion, Klein seconded, to approve RESOLUTION 2018-13 APPROVING A SITE
PLAN FOR SCHWIETERS PROPERTIES, LLP, FOR A MANUFACTURING/ WAREOUSE
BUILDING AND EXTERIOR STORAGE AREAS ON THE PROPERTY LOCATED AT 13676
FENWAY BOULEVARD NORTH.
All Ayes. Motion carried.
Update on the Yellow Ribbon Network
Council Members Chuck Haas and Phil Klein updated the Council on the activities of the Yellow
Ribbon Network. Haas shared thank you notes received by the Girl Scouts in Chisago City for the
care packages sent. One hundred fifty solders of the 851st Vertical Engineering are being deployed
for a year. He received a call from Family Resource for a request from a member of the 148th
Fighter Wing out of Duluth to do yard work for a family in St. Paul. Hugo firefighters will be
putting together care packages. The YRN received a call for coffee donations that Network
volunteers picked up. Dan Gallatin and his family served 133 burgers at April's Burger Night.
May's sponsor is Kim Metzger from Title Smart. Haas shared photos of the MN Assistance
Council for Veterans who were recognized for their service
Hugo City Council Meeting Minutes for May 7, 2018
Page 9 of 9
Schedule Annual Performance Review for City Administrator Bryan Bear
City Administrator Bryan Bear has been employed with the City since May 3, 2004. Bryan
served as the Community Development Director until being appointed the City Administrator on
November, 7, 2011. Bryan requested Council schedule his annual performance review.
Haas made motion, Miron seconded, to tentatively schedule the City Administrator's performance
review for Monday, June 11 at 7 p.m. unless it can be fit in at the June 4th meeting.
All Ayes. Motion carried. hhTy
"Bud
Gravel Roads Workshop on Monday, May 14, 2018
At its April 2, 2018, meeting, the Council had scheduled a workshop for May 14th to discuss
options to address the condition of the gravel roads in Hugo. City Administrator Bryan Bear
asked the Council for more time due to the weather not cooperating to allow evaluation of the
road. He suggested rescheduling the workshop for May 22, 2108.
Weidt made motion, Petryk seconded, to reschedule the Gravel Workshop to May 22, 2018 at 7
p.m.
All Ayes. Motion carried.
Law Enforcement Memorial Day on Tuesday, May 15, 2018
Annually, the Washington County Sheriff's Office gathers to honor the men and women who
have been killed in the line of duty. City Administrator Bryan Bear informed Council that
Washington County Sheriff Dan Starry had invited them to the ceremony on Tuesday, May 15,
2108, at the Washington County Historic Courthouse in Stillwater at noon.
Haas made motion, Petryk seconded, to schedule a meeting to attend Law Enforcement Memorial
Day on Tuesday, May 15, 2018, as presented.
All Ayes. Motion carried.
Adjournment
Klein made motion, Miron seconded, to adjourn at 8:23 p.m.
All Ayes. Motion carried.
Respectfully Submitted,
Michele Lindau
City Clerk
00
14654 Fitzgerald Avenue North - Hugo, MN 55038
PRESENT: Haas, Klein, Petryk, Weidt
ABSENT: Miron
Minutes
HUGO CITY COUNCIL MEETING
LAW ENFORCEMEMENT MEMORIAL DAY
TUESDAY, MAY 15, 2018 — NOON
Washington County Sheriff's Office held a memorial event during National Police Officers
Week May 13-19. The Council was invited by Sheriff Dan Starry to attend the ceremony to
honor Officers that have been killed in the line of duty. The event was held at the Washington
County Historic Courthouse in Stillwater.
Respectfully Submitted,
Bryan J. Bear
City Administrator
City of Hugo Claims
May 21, 2018
G. 1
Vendor
Invoice
Amount Description
Department
Active 911 Inc
14304
$
188.00 Active 911 App Subscriptions
Fire Dept
Alex Air Apparatus Inc
INV-36464
$
1,631.45 SCBA Equipment Maintenance & Repairs
Fire Dept
Ares Self -Defense Inc
INVOICE
$
425.00 Self -Defense Program
Fire Dept
Aspen Mills
215544
$
66.00 Title Changes
Fire Dept
Bound Tree Medical LLC
82834749
$
89.50 Medical Supplies
Fire Dept
Century College
670490
$
1,595.00 Fire Ground Operations Course
Fire DeA
Century Link
651 426-8763
$
62.78 911 Emergenc, Line
Administration
Centurq Link
651 429-3212
$
71.99 Fire Station Phone Lines
Fire Dept
Cintas Corporation
As-ril
$
511.72 Cleaning Supplies
Various
Cintas Corporation
April
$
1,199.55 Uniform & Floor Mat Services
Various
Cintas Corporation
April
$
552.31 Supplies & Floor Mat Services
Fire Dept
City of St. Paul
IN00028539
$
515.05 Asphalt
Street De; -t
Comcast
4/18/2018
$
148.77 Business Internet (thru May 27)
Fire Dept
De Lage Landen Financial Services Inc
59093263
$
311.37 May Copier Lease Payment
Administration
Dell Marketing LP
10240902777
$
863.96 Computer Monitors
Building Inspections
Dell Marketing LP
10240902777
$
163.79 Computer Monitor
City Clerk
Dell Marketinq LP
10240902777
$
163.79 Computer Monitor
Planning & Zoning
Earl F. Andersen
0117227-IN
$
113.80 Street Sign Plates
Street Dept
Finance & Commerce Inc
743757596
$
268.00 Ad for Bids - Oneka Lake Blvd/Harrow Ave Street Imps
Street Reconstruction
Forest Lake Napa
April
$
770.36 Auto Parts and Shop Supplies
Various
Forest Lake Trailer Inc
10558
$
4,883.00 2018 Triton Trailer
Fire Dept
Frattallone's Hardware Store
118845
$
16.98 Shop Supplies
Public Works
Fulton Productions
569909
$
500.00 Tour de Hugo DJ
Parks Dept
Gene's Disposal Service Inc
323722
$
3,204.75 Trash & Appliance Removal - Spring Cleanup Day
Recycling
Gene's Disposal Service Inc
323105
$
726.83 March Waste Hauling - PW Facility
Public Works
Gene's Disposal Service Inc
323105
$
163.45 March Waste Haulinu - Fire Station
Fire Dept
Gene's Disposal Service Inc
323105
$
72.98 March Waste Hauling - City Hall
Gen Gov't Bldgs
Gene's Disposal Service Inc
323544
$
735.94 April Waste Hauling - PW Facility
Public Works
Gene's Disposal Service Inc
323544
$
163,45 April Waste Hauling - Fire Station
Fire Dept
Gene's Disposal Service Inc
323544
$
72.98 April Waste Hauling - City Hall
Gen Gov't Bldgs
Gopher State One Call
8010462
$
72.90 January Service Charges
Water & Sewer
Gopher State One Call
8020462
$
93.15 February Service Charges
Water & Sewer
Gopher State One Call
8030462
$
76.95 March Service Charges
Water & Sewer
Gopher State One Call
8040463
$
238.95 April Service Charges
Water & Sewer
Gopher State One Call
3010462
$
330.15) 2018 Cost Adjustment Credit
Water & Sewer
Holiday Companies
80910061
$
21.25 Fuel
Parks Dept
Holiday Companies
4216
$
17.88 Fuel
Fire Dept
Hotsy Equi,-,ment of Minnesota
59452
$
224.00 Parts & Repairs for Washba,•
Public Works
Hotsy Equipment of Minnesota
59452
$
26.96 Shop Suplies
Public Works
Innovative Office Solutions LLC
IN2041887
$
97.27 Envelopes
Fire Dept
Innovative Office Solutions LLC
IN2040282
$
124.04 Envelopes
Administration
Innovative Office Solutions LLC
IN2036565
$
75.98 Copy Paper
Administration
Innovative Office Solutions LLC
IN2036565
$
71.42 Breakroom Supplies
Gen Gov't Bldgs
Innovative Office Solutions LLC
IN2036565
$
387.31 File Folders, Binder Clips, Batteries & Post It Notes
Administration
Instrumental Research Inc
930
$
100.00 Water Bacteria Testing
Water Utility
Interstate Battery System of Minneapolis
110041083
$
315.50 Batteries
Public Works
Jefferson Fire & Safety Inc
247612
$
1,415.84 Thermal Imaging Camera Kit
Fire Dept
Jensen, Dave
CLAIM
$
257.95 Dash Camera - Unit #CV3
Fire Dept
Johnson/Turner
April
$
4,556.00 April Prosecution Fees (Flat Fee,
General Legal
Johnson/Turner
April
$
294.95 April Disbursements (Prosecution Costsi
General Legal
Johnson/Turner
April
$
2,932.75 April Civil Legal Fees - See Attached Breakdown
General Legal
Klein, Matt
CLAIM
$
212.49 Work Boot Reimbursement
Street Dept
Knowlan's Super Markets Inc
2071
$
29.13 Soft Drinks for Lobby Machine
Gen Gov't Bldgs
Knowlan's Super Markets Inc
3153
$
22,43 Spring Cleanup Day Supplies
Recycling
Knowlan's Super Markets Inc
4170
$
23.85 Spring Cleanup Day Supplies
Recycling
Knowlan's Super Markets Inc
6642
$
60.65 Meeting Supplies
Public Works
Knowlan's Super Markets Inc
9756
$
19.97 Meeting Supplies
Administration
Landform
27345
$
131.25 2040 Comp Plan
Planning & Zoning
Lawson Products
9305782467
$
100.57 Bulk Hardware Supplies
Public Works
Loffier Companies Inc
2803461
$
253.80 May Copier Service Paument
Administration
Menards
80583
$
298.32 Fire Department Supplies
Fire Dept
Midwest Events
819-2
$
585.00 Tour de Hugo Advertising
Parks De, t
Minnesota State Fire Chiefs Association
200002715
$
235.00 2018 Conference Registration - Jim Roettaer
Fire Dept
MnFIAM Book Sales
2525
$
88.00 MN Fire Codes
Fire Dept
Nuss Truck & Equipment
4553440P
$
42.14 Parts - Unit #208
Street Dept
Olson's Sewer Service Inc
86059
$
550.00 PW Facility Septic System Pumping
Public Works
Oxygen Service Company
3404938
$
22.80 Welding Supplies
Public Works
Oxygen Service Company
8162540
$
223.75 Zip Wheels
Public Works
Ox en Service Company
8162958
$
486.00 Weldinu Su;)rlies
Public Works
Page 1
City of Hugo Claims G.
May 21, 2018
Vendor
Invoice
Amount Description
Department
Press Publications
REQUEST
$
500.00 Golden Spike Sponsorship
Parks Dept
Rehbeins Black Dirt
8596
$
40.50 Black Dirt (Plow Damage)
Street Dept
Rehbeins Black Dirt
8599
$
81.00 Black Dirt (Plow Damage)
Street Dept
Ricoh USA, Inc
100477149
$
123.18 Copier Lease Payment
Public Works
Ricoh USA, Inc
100477149
$
6.65 Overage Charges
Public Works
SafeAssure Consultants Inc
1386
$
4,453.89 Annual Safety Training
Public Works
Schifsky (T.A. i & Sons Inc
62740
$
522.60 Asphalt
Street Dept
Sensible Land Use Coalition
Registration
$
44.00 Meeting Registration - Shayla Denaway
Parks Dept
Sensible Land Use Coalition
Registration
$
44.00 Meeting Registration - Rachel Leitz
Community Development
Silver Star Industries Radco - Blaine
BLN-68482
$
94.80 Cargo Bar - Unit #CV3
Fire Dept
Silver Star Industries Radco - Blaine
BLN-51880-01
$
54.95 Window Visors - Unit #CV3
Fire Dept
SiteOne Landscape Supply LLC
85499916
$
903.04 Irrigation Hardware
Parks Dept
SiteOne Landscape Sup 1%. LLC
85647557
$
111.08 Herbicide
Parks Dept
SiteOne Landscape Supply LLC
85647557
$
36.16 Grass Seed Mix
Parks Dept
Summit Fire Protection
1263998
$
208.00 Annual Fire Alarm System Inspection
Fire Dept
Toshiba Financial Services
68302544
$
175.23 May Copier Lease Payment
Fire Dept
Toshiba Financial Services
68302544
$
1.61 Overage Charges (B & W)
Fire Dept
Toshiba Financial Services
68302544
$
27.23 Overage Charges (Color)
Fire Dept
Traffic Control Corporation
105650
$
365.00 Solar Module for Crosswalk Sign
Street Dept
Traffic Control Corporation
105558
$
194.00 Base Assembly for Crosswalk Sign
Street Dept
Verizon Wireless
9805628387
$
40.02 Cellular Phone Charges
Fire Dept
Walser Polar Chevrolet
18388P22
$
143.94 Parts - Unit #112
Street Dept
Washington Count,
140088
$
2,465.00 Special Assessment Collection Fee
General/Unallocated
Washington County
140119
$
2,100.00 2018 Tax Court Petitions
Assessor
Winnick Supply
361209
$
23.28 Steel
Public Works
WSB & Associates
March
$
61,262.27 Engineering Fees - See Attached Breakdown
Various
Zack's Inc
32713
$
1,996.68 Shop Towels, Chains, Shovels, Safety Glasses, Etc
Public Works
Zed IT Solutions Inc
908744
$
10,934.00 Accela Implementation
Building Inspections
Total Claims for May 21,
2018
$
121,660.71
Page 2
JOHNSON/ TURN ER
LEGAL
May 8, 2018
City of Hugo
Attn: Ron Min
14669 Fitzgerald Avenue North
Hugo, MN 55038
Dear Ron:
Enclosed, please find our billing statements for the City of Hugo as of April 30, 2018.
Below is a summary of the matter description, subtotal and total amount due and owing
for the attached statements:
MATTER
General 2018
White Bear Lake Restoration Litigation
Prosecution
TOTAL NOW DUE:
MATTER I.D. SUBTOTAL
18-2359-050 $1,572.00
13-2359-032 $1,360.75
12-2359-024 $4,850.95
$7,783.70
Please feel free to contact me if you have any questions regarding the billing
statements.
Sincerely,
aLJOHNSOI N
LEGAL
K. Snyder
DKS/mah
Enclosures
56 East Broadway Avenue, Suite 206 / Forest Lake, MN55025 / p 651.464.7292 f 651.464.7348 / johnsonturnercom
11
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RECIPROCAL EMERGENCY SERVICES AGREEMENT
In an effort to provide the best possible emergency services and automatic response to
reported structure and building fires for residents, the City of White Bear Lake Fire
Department, and the City of Hugo Fire Department, have entered into this agreement to
make equipment, personnel and other resources available to both departments.
1. "Party" means the City of White Bear Lake Fire Department or the City of Hugo
Fire Department.
2. "Requesting Official" means the person designated by a Party who is responsible for
requesting Assistance from the other Party.
3. "Requesting Party" means a Party that requests assistance from the other Party.
4. "Responding Official" means the person designated by a Party who is responsible to
determine whether and to what extent that Party should provide assistance to a
Requesting Party.
5. "Responding Party" means a Party that provides assistance to a Requesting Party.
6. "Assistance" means fire/rescue and/or emergency medical services personnel and
equipment.
1. Request for Assistance.
Whenever, in the opinion of a Requesting Official, there is a need for assistance from the
other Party, the Requesting Official may call upon the Responding Official of the other
Party to furnish assistance.
2. Response to Request.
Upon the request for assistance from a Requesting Party, the Responding Official may
authorize and direct his or her Party's personnel to provide assistance to the Requesting
Party. This decision will be made after considering the needs of the Responding Party
and the availability of resources.
3. Automatic Assistance.
If either Party receives notice of a reported structure or building fire within the coverage
areas of the Cities of White Bear Lake, White Bear Township, Gem Lake, Dellwood,
Birchwood, Hugo, without first receiving a request from the other Party, that Party will
automatically dispatch assistance to the scene. The automatic dispatch may include an
engine, tender, crew, and a chief officer if he or she is available.
4. Recall of Assistance.
The Responding Official may at any time recall such assistance if it is in his or her best
judgment. Or if by an order from the governing body of the Responding Party it is
considered to be in the best interests of the Responding Party to do so.
5. Command of Scene.
The first arriving Party will establish command. Subsequently, command may be
transferred as mutually agreed.
6. Workers' Compensation.
Each Party shall be responsible for injuries or death of its own personnel. Each Party will
maintain workers' compensation insurance or self-insurance coverage, covering its own
personnel while they are providing assistance pursuant to this agreement. Each Party
waives the right to sue the other Party for any workers' compensation benefits paid to its
own employees or their dependents, even if the injuries were caused wholly or partially
by the negligence of the other Party or its officers or employees.
7. Damage to Equipment.
Each Parry shall be responsible for damages to or loss of its own equipment. Each Party
waives the right to sue the other Party for any damages to or loss of its equipment, even if
the damages or losses were caused wholly or partially by the negligence of the other
Party or its officers, employees, or volunteers.
8. Liability.
The Requesting Party agrees to defend and indemnify the Responding Party against any
claims brought or actions filed against the Responding Party or any officer or employee,
of the Responding Party for injury to, death of, or damage to the property of any third
person or persons, arising from the perforinance and provision of assistance in
responding to a request for assistance by the Requesting Party pursuant to this agreement.
In the case in which automatic assistance is provided, each Party shall be responsible for
any claims or actions filed against its own officers or employees, arising from the
perforinance and provision of assistance pursuant to this agreement.
Under no circumstances, however, shall a Party be required to pay on behalf of itself and
the other Party, any amounts in excess of the limits on liability established in Minnesota
Statutes Chapter 466 applicable to any one Party. The limits of liability for both of the
Parties may not be added together to determine the maximum amount of liability for one
Party.
The intent of this subdivision is to impose on each Requesting Party a limited duty to
defend and indemnify a Responding Party for claims arising within the Requesting
Parry's jurisdiction. The purpose of creating this duty to defend and indemnify is to
simplify the defense of claims by eliminating conflicts among defendants, and to pen -nit
liability claims against multiple defendants from a single occurrence to be defended by a
single attorney.
Neither Party to this agreement nor any officer of either Party shall be liable to the other
Party or to any other person for failure of either Party to furnish assistance to the other
Party, or for recalling assistance, both as described in this agreement.
9. Charges.
A. No charges will be levied by a Responding Party to this agreement for assistance
rendered to a Requesting Party under the terns of this agreement unless that assistance
continues for a period of more than 12 hours. If assistance provided under this agreement
continues for more than 12 hours, the Responding Party will submit to the Requesting
Party a bill for the cost of any assistance provided after the initial 12 hour period,
according to the rate schedule as established by the Capital City Mutual Aid Association
fee schedule. Such charges are not contingent upon the availability of federal or state
government funds.
B. If automatic assistance to a reported building or structure fire in the coverage areas of
this agreement is rendered; each Party will be responsible for its own costs of responding
to that fire.
10. Duration.
This agreement will be in force from the date of execution until either Party withdraws
from this agreement upon thirty (30) days written notice to the other Party to the
agreement.
11. Execution.
Each Party hereto has read, agreed to and executed this Reciprocal Emergency Services
Agreement on the date indicated. Each Party to this agreement shall maintain an
executed copy of this agreement.
N WITNESS WHEREOF, the undersigned, on behalf of its fire department corporation
has executed this agreement pursuant to the authorization by the City of White Bear Lake, or
the City of Hugo Fire Department, on this date of
City of White Bear Lake
, it's Mayor
By , it's City Manager
Fire Department of White Bear Lake
RIM
City of Hugo
By
By
Fire Department of Hugo
By
, it's Fire Chief
it's Mayor
it's City Manager
it's Fire Chief
�c� Office of the Sheriff
Commitment to Frcefience
Dan Starry
Sheriff
Brian R. Mueller
Chief Deputy
APPLICATION FOR WATER SURFACE USE PERMIT
To Place a raft, buoy, or other structure on or in the waters of this county pursuant to MN Rules 6110.1800
Name: David Strub Home#: 6514293053 Cell# 6514028654
Address: 12670 Incersoll Ave N Work#:
Hugo, MN _ Zip Code: 55038
E-Mail: daveCa!strubnetnet
Fax#:
Type of structure: slalom course Body of water: Sunset Lake Dates: Mav 22 2018 - Oct 31.2018
Permit requirements: Applicant shall maintain a comprehensive liability insurance policy in the amount not less than
three hundred thousand dollars ($300,000). The policy shall remain in effect for the duration of the effective dates. A
Certificate of Insurance must be supplied to the Sheriffs Office with the permit application.
I the undersigned applicant, agree to hold harmless Washington County for any and all claims resulting from the structure
specified on this application.
1. Diagram of water surface showing placement of structure, include the depth of the water at the
location of the structure.
2. Permit must be issued before structure is placed on or in the water.
3. Floating rafts, swim buoys and mooring buoys must be placed between the permit holder's property
lines as they extend into the water. These structures must be within 100 feet of shore.
4. Structure must display proper reflective material as described in MN State Rule 6110.1800.
5. Permit number must be displayed on the structure using numbers that are at least two inches high
and a contrasting color to the area where they are attached.
6. Water ski slalom courses and water ski jumps must be approved annually by the City Council or
Township Board where the course will be located, special restrictions may apply. Slalom courses
cannot exceed 900 feet in length and must display the permit number on the end floats. Slalom
courses and ski jumps cannot be a navigational hazard. Water ski jumps must be lighted during the
hours of darkness.
City/Township Representative printed name:
City/Township Representative Signature:
Signature of Applicant:
Date:
Law Enforcement Center • 15015 62nd Street North — P.O. Box 3801, Stillwater, Minnesota 55082-3801
Phone: 651-+430-7600 • Fax: 651-430-7603 • TTY: 651-430-6246
www.co.washington.mn.us
Equal Employment Opportunity / Affirmative Action
Sunset Lake, Hugo, MN
N
)w
/O
Nof
�S
0 yds 100 200 300 400
("
Washington
� Cotlnty
Office of the Sheriff
Commitment to Excefknce
Dan Starry
Sheriff
Brian R. Mueller
Chief Deputy
APPLICATION FOR WATER SURFACE USE PERMIT pursuant to MN Rules 6110.1800
To Place a raft, buoy, or other (s�tructu/re on or in the waters of this countyp l�
r /f / /( L Home phone:
Name: f'Y�F c° --
$ il5 1;92 1-i-VI / V Work Phone: Fax:
Address: —
Zip Code:_
E-Mail:_ ---
Body Body of water where structure will be located: 1ri f
�
Type of structure:��
ucture'(dates) to
Installation of str5 C—
Permit requirements: 1. Diagram of water surface showing placement of structure, include the depth of the water at the
location of the structure.
2. Permit must be issued before structure is placed on or in the water.
3. Floating rafts, swim buoys and mooring
buoys structures must be within 100 feet opermit holder's property
lines as they extend into the water.
4. Structure must display proper reflective material as described in MN State Rule 6110.1800.
g. Permit number must be displayed
tsing numbers that are at least two inches high
and a contrasting color to the area where they are attached.
6. Water ski slalom courses and water ski jumps must be approved' annually by the City Council or
Township Board where the course will be located, special restrictions may apply. Slalom courses
cannot exceed 900 feet in length and must display the permit number on the end floats. Slalom
courses and ski jumps cannot be a navigational hazard. Water ski jumps must be lighted during the
hours of darkness.
City/Township Representative printed name:_
Signature:
Date:
Signature of Applicant:
Law Enforcement Center • 15015 62nd Street North — P.O. Box 3801, Stillwater, Minnesota 55082-3801
Phone: 651-430-7600 - Fax: 651-430-7603 • TTY: 651-430-6246
www.co.washington.mn.us
_ ... , nm_...,...+;..., n..+inn
U
I
CITY OF
14669 Fitzgerald Avenue North, Hugo, MN55038 (651) 762-6300 www.ci.hugo.mn.us
EST. 1906
TO: Honorable Mayor Tom Weidt and Members of the City Council
FROM: Ron Otkin, Finance Director
SUBJECT: Firefighter's Relief Association Pension Increase
DATE: For the City Council Meeting of May 21, 2018
DESIRED COUNCIL ACTION
Motion to Ratify Board of Trustees Request for $200 Increase in Lump -Sum Pension and Approve Revised By -Laws
OPTIMUM PENSION BENEFIT LEVEL
On April 2, 2012, the City Council adopted a Resolution Adopting Firefighter Relief Pension Fiscal Policy. The policy sets
the optimum pension benefit level as the average lump -sum benefit provided by relief associations that receive state
fire aid within 10% of the amount received by the Hugo Firefighter's Relief Association, as last reported by the Office of
the State Auditor.
According to the Office of the State Auditor, seven other lump -sum relief associations received state fire aid in 2017
within 10% of the amount received by Hugo. These associations are located in: Becker, Isanti, Mahtomedi, New
Prague, Park Rapids, Vadnais Heights, and Waconia. Staff feels that this is a very good sampling of associations.
Using data from these seven associations, we can establish the optimum pension benefit level at $3,954 per year of
service. While this average is $400 above our current benefit amount, staff recommends that we reach this average
through multi -year step increases. To begin, staff recommends an immediate increase of $200.
The Board of Trustees voted to increase their lump -sum pension benefit from $3,500 per year of service to $3,700 and
is asking the City Council to ratify this increase as well as approve a revision to the by-laws incorporating this new
benefit level.
FINANCIAL STATISTICS
The Finance Department has reviewed the financial status of the relief association and finds that the recommended
increase will result in the following:
Total Pension Assets: $1,690,216 (as of 05/16/18)
Total Pension Liability: $1,247,656 (after $200 increase)
Surplus: $ 442,560 (35% of liability)
Staff has run some projections (see attachment) that show the investment portfolio can withstand a 27% market
correction while still maintaining a surplus.
RECOMMENDED PENSION BENEFIT LEVEL INCREASE
Staff is recommending the City Council approve a motion to ratify the Board of Trustees request for a $200 increase in
the lump -sum pension benefit and approve a change to the by-laws incorporating this new benefit level. This will bring
Hugo's pension benefit to $3,700 per year of service (within $254 of the optimum level described above).
ATTACHMENTS
Relief Association Comparisons
Letter from Dave Jensen, President of the Board of Trustees
Financial Projections
Section 13.3 of Association By-laws (reflecting the proposed increase).
Relief Association Comparisons
Lump Sum Plans Only
2015
Name
2017 Aid
Variable
Lump Sum
International Falls City of
$
58,110
-27.71%
East Grand Forks, City of
$
67,476
-16.06%
North Branch City of
$
68,299
-15.03%
Princeton City of
$
69,246
-13.86%
St. Peter City of
$
69,532
-13.50%
Waseca City of
$
70,340
-12.50%
North Mankato City of
$
70,469
-12.33%
Zimmerman City of
$
70,601
-12.17%
Thief River Falls, City of
$
70,871
-11.83%
IMahtomedi City of
$
74,458
-7.37%1
$ 4,900
'Vadnais Heights City of
$
77,302
-3.83%I
$ 3,600
Ilsanti City of
$
78,873
-1.88%I
$ 5,500
(Becker City of
$
79,859
-0.65%1
$ 3,100
INew Prague City of
$
80,276
-0.13%1
$ 3,375
IPark Rapids City of
$
80,384
0.00%1
$ 3,000
(Hugo City of
$
81,615
!Waconia, City of
$
85,075
5.84%1
$ 3,500
Ham Lake City of
$
88,456
10.04%
Little Falls City of
$
91,637
14.00%
Fergus Falls City of
$
92,829
15.48%
Sartell City of
94,052
17.00%
St. Michael City of
$
94,081
17.04%
Big Lake, City of
$
95,630
18.97%
Number of Relief Associations (not including
Hugo)
7
Lowest
$ 3,000
Highest
$ 5,500
Average (not including Hugo)
$ 3,854
State -Wide Average
$ 1,653
OPTIMUM PENSION BENEFIT LEVEL
Based on the adopted formula, the optimum pension benefit level for the Relief Assn is:
3,954
per year of service.
$ 3,500
Hugo's
Current Level
$ 3,700
Proposed Level
2016
Lump Sum
$ 4,900
$ 3,600
$ 5,500
$ 3,300
$ 3,375
$ 3,500
5 3,500
7
$ 3,300
$ 5,500
$ 3,954
$ 1,736
RUQ0 FIREFI(iRTEEVS RE EF ASSOCIATION
5323 140 STREET NORTH
RL1 H% MINNESOTA 55038
(65I) 429-6366
Hugo Firefighter's Relief Association
TO: Ronald J. Otkin, Finance Director
FROM: Dave Jensen, President
DATE: May 1, 2018
SUBJECT: Pension Increase
Please be advised that the Board of Trustees voted to increase the lump sum pension
benefit from $3,500 per year of service to $3,700 effective May 1, 2018. This increase
will not require a municipal contribution in calendar year 2018.
In keeping with past practice, this increase should be ratified by the City Council. Please
place this item on an upcoming City Council agenda for ratification.
Dave Jensen, President
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Section 12.1. Survivor Benefits: Following the receipt of a lump sum survivor or
funeral benefit neither a member's surviving spouse nor estate is entitled to any other or
further financial relief or benefits from the Association.
(1) A member's Beneficiary shall be eligible to receive a benefit upon the death of
an Active, Deferred or Retired Member who has not yet received his or her full
retirement benefit. In no case shall the member receive less than one (1) times the
benefit amount or the amount equal to his/her years of active service in the Hugo
Fire Department, unless the member is vested.
(2) If the member has no Surviving Spouse or surviving children, the member's
benefit shall be distributed in a lump sum to the estate of the member
AkSTICEE XILI
SERVICE PENSIONS
Section 13.1. ]Lump Sum Pension: The exclusive pension benefit provide by the
Association shall be a defined benefit lump sum service pension, paid based on the
members years of active service. Upon meeting the requirements in Section 13.2 of this
article, the member shall be entitled to the benefit amount for each year that the member
has served as an active member of the fire department. In accordance with, Minnesota
Statute 424A.10, the Association shall pay a supplement benefit to the qualified member
in addition to the lump sum pension. The amount of this benefit shall equal ten (10)
percent of the regular lump sum distribution, but in no case shall exceed one thousand
dollars ($1,000.00). This supplemental benefit shall be reimbursed to the Association, in
accordance with Minnesota Statute 424A.10
Section 13.2. ]Eligibility Requirements: To be eligible to receive a service pension a
member must meet all of the following requirements.
(1) Be at least fifty (50) years of age;
(2) Have terminated from the Fire Department
(3) Have completed at least ten (10) years of active service with the fire department
before termination; and
(4) Have been a member of the Association at least ten (10) years prior to such
termination.
Section 13.3. Benefit Amount: The current benefit amount per year of service is
$3,700.00
ASTICIoE .XIV
TIMING AND MODES OF DISTRIBUTION
Section 14.1. Independent ]Expertise ]Encouraged: Because of the varying
circumstances in each member's retirement planning, optional benefit payment methods
are offered. Selection should occur after consultation with a tax consultant, insurance
and/or estate planner, or an attorney. Alternate payment methods on the Application
Agenda Number: G. 10
CITY OF HUGO
PLANNING AND ZONING
APPLICATION
STAFF REPORT
TO: Bryan Bear, City Administrator
FROM: Rachel Juba, Planner
SUBJECT: CPDC — Pratt — Oakwood, LPP —Preliminary Plat and PUD General
Plan for a residential development to be known as "Oneka Place"
DATE: May 17, 2018, for the City Council meeting of May 21, 2018
ZONING: Single Family Detached Residential (R-3)
LAND USE: Low Density Residential (LD) and Medium Density Residential (MD)
DEADLINE DATE: May 29, 2018
1. PLANNING COMMISSION UPDATE:
At its May 10, 2018, meeting the Planning Commission held a public hearing and considered the
request. There were 5 people who spoke at the public hearing. One property owner west of the
development stated that they would like a fence along their property line to discourage people
from trespassing. The developer stated that there is really only one area of the plan at abuts the
property along Street 1 and the rest is buffered by wetlands.
Another property owner asked the Planning Commission to keep its opinions open in regards to
allowing a connection from the Farnham Avenue road stub, if development occurs on the
property owners land to the east in the future. Staff stated that the extension of the road could go
through Outlot J (proposed to be dedicated to the City). It's in staff s opinion, after talking with
the City Attorney, that there is a possibility to construct a road from Farnham Avenue to the
property to the east, if it develops or if the Parks Commission decides a parking lot is necessary
to serve the park. If the property develops, the road would be constructed and paid for by the
developer.
Page 2
The property owner to the north asked if utilities would be installed up to their property. Staff
stated that water and sewer would be installed up to their property, but a lift station would need
to be installed to the north to serve the properties with sanitary sewer.
There was a resident that had concerns about traffic along Oneka Parkway and Elmcrest Avenue
with the addition of the development. Staff stated that the roads can handle the additional traffic.
The Planning Commission stated that they generally liked the proposed development. One
Commissioner stated that they thought the development would fit in with the surrounding
neighborhoods. One Commissioner stated they would like to see the developer put more bends in
the roads to break up the long row of homes and provide additional buffers and transitions to
adjacent properties. The Commission liked the preservation of natural resources and utilizing a
portion of the development as public open space. The Planning Commission unanimously
recommended approval to the City Council of the Oneka Place development, subject to the
conditions listed in the draft resolutions.
2. DESCRIPTION OF REQUEST:
The applicant is requesting approval of a Preliminary Plat and Planned Unit Development (PUD)
for a residential development. The property totals 117.5 acres and is comprised of 3 parcels. The
preliminary plat includes 177 single family residential lots and 10 outlots to be known as "Oneka
Place".
The PUD General Plan will be for all 117.5 acres of the property and is proposed to be rezoned
from Future Urban Service (FUS) to Planned Unit Development (PUD). The property includes
wetlands for a total buildable acreage of 90 acres.
The applicant is requesting PUD flexibility on the following:
• Flexibility to allow various lot sizes with a minimum lot size of 7,492 square feet, where
10,400 square feet is required.
• Flexibility to allow various lot width with a minimum lot width of 55 feet, where 80 feet is
required.
• Flexibility to allow a minimum front setback of 25 feet, where 30 feet is required.
• Flexibility to allow a minimum side yard setback of 7.5 feet, where 10 feet is required.
• Flexibility to allow a minimum right-of-way width of 54 feet, where 60 feet is required.
In exchange for this flexibility, the developer is:
• Designing a more sensitive proposal, with less density, than would have been the case with
the use of the standard R-3 zoning district.
• Providing additional upland for a park, that exceeds the City standards for park dedication
requirements.
Providing a public trail along some roads to connect to existing trails in the adjacent
developments and to the future park.
Page 3
• Providing a landscaping plan that exceeds City standards.
• Preserving existing significant trees on the east side of the property.
• Creating a stormwater reuse irrigation project within the development.
• Incorporating architectural design guidelines for the homes in the development.
3. BACKGROUND:
The properties are generally located north of Oneka Parkway and 159th Street. The plan shows
177 proposed residential lots, stormwater ponding areas, a passive park, sidewalk and trail
connections, and road connections. The applicant is proposing the project to be built in four
phases. The developer has indicated that an HOA will be established for the development to
maintain the landscaping and the water re -use system. A sub -association will be established for
the villa units for snow removal and lawn maintenance.
In the fall of 2017, the Planning Commission and City Council reviewed a sketch plan for the
development, at that time known as the "Leroux Property". The Planning Commission and City
Council generally liked the variety of lot sizes and the trails within the development. The
Planning Commission and City Council provided the following comments:
• They wanted to make sure that the residents within the development had access to the
proposed park area to the east.
• They had questions about the lots that were previously proposed to be located off of
Farnham Avenue, as they seems disconnected from the rest of the development.
• They liked that the "greenway" including the wetlands and trees were being preserved.
• They highly encouraged stormwater reuse for irrigation throughout the development.
• They encouraged a plan for walking trails within the proposed park area to the east.
The Parks Commission also reviewed the sketch plan and provided informal comments in
regards to trails, park improvements, and park dedication. The plan at that time included a
concept on how the park could be developed in a more active way including a pavilion, parking
area, and possible sport court/playground and ball fields. In general, the Parks Commission liked
the proposal, but realized there are several details to work out. The Parks Commission provided
the following comments:
• They liked the trails within the development, but wanted to make sure proper connections
were made to the proposed park for the residents within the development.
• They had concerns about the amount of parking shown on the plan for the proposed park
area.
• They questioned the concept of the park showing improvements within wetland areas.
Page 4
4. CONTEXT:
A. Surrounding land Use and Zoning
The properties to the north are zoned Future Urban Service (FUS), are guided as Low Density
Residential (LD) in the 2030 Land Use Plan, and are occupied by large lot single family homes
and agricultural uses. The property to the east is zoned Future Urban Service (FUS), is guided as
Medium Density (MD), and is a vacant lot used for a trees clearing business. The properties to
the south are zoned Single Family Detached Residential (R-3) and Planned Unit Development
(PUD) and are occupied by Waters Edge and Prairie Village residential developments.
B. Natural Characteristics of Site
The properties are currently vacant and do contain some challenges regarding wetlands and high
groundwater. The properties are relatively flat with approximately 25 acres of wetlands.
5. ANALYSIS:
A. Level of Discretion in Decision Making
The City has discretion in approving or denying rezoning applications, based on whether or not
the proposal meets the standards outlined in the Zoning Ordinance. If the City finds that all the
applicable standards are met, the rezoning application must be approved. However, if the City
finds that any of the applicable standards are not met, the application may be denied.
The City has relatively high level of discretion in approving a PUD. A PUD must be consistent
with the City's comprehensive plan. The City may impose reasonable requirements in a PUD not
otherwise required if the City deems it necessary to promote the general health, safety, and
welfare of the community.
The City's discretion in approving or denying a preliminary plat is limited to whether or not the
proposed plat meets the standards outlined in the subdivision regulations in the City Code. If it
meets these standards, the City must approve the preliminary plat.
B. Consistency with Ordinance Standards
Rezoning/Planned Unit Development
The use of the PUD zoning allows the developer zoning ordinance flexibility to create a master
planned development. The PUD zoning is tied to a specific PUD general plan that is proposed
with the application.
The applicant is requesting approval of a PUD for the Oneka Place development. PUD's offer
enhanced flexibility to develop a site through the relaxation of zoning district standards. The use
of the PUD zoning also allows for a greater variety of uses, internal transfers of density,
Page 5
construction phasing and a potential for lower development costs. In exchange for this enhanced
flexibility, the city has the expectation that the development plan will result in a significantly
higher quality and more sensitive proposal than would have been the case with the use of other,
more standard zoning districts.
In exchange for the proposed PUD, the developer is proposing a mix of residential product types
that are laid out to the best extent possible to reduce wetland impacts and is also preserving the
eastern 30 acres for expansion of the greenway corridor. The developer is proposing to dedicate
11.7 acres of upland for the proposed park area, in addition to the required 9.26 acres. The
development will also have a stormwater reuse system for irrigation throughout the development.
Staff believes that the layout of the proposed Oneka Place PUD general plan exceeds the City's
standards for residential developments. The applicant has offered a more creative and efficient
approach to the existing landscape and constraints of the property through the site design layout.
Because the ground water is high, the development needs fill to build up the site. The
stormwater ponds offer dirt for fill. These ponds also offer an ability to use stormwater for
irrigation of the development, which is promoting the City's "Reduce, Reuse, Replenish"
initiative. This will be further discussed later in the report.
In order to approve a PUD, the City must find that the applicant has demonstrated compliance
with the following criteria:
1. Provide for the establishment of PUD zoning districts in appropriate setting and
situations, to create and maintain a development pattern that complies with the City's
Comprehensive Plan.
2. Allow for the mixing of land uses within a development when such mixing of land
uses could not otherwise be accomplished.
3. Provide for variations to the strict application of the land use regulations in order to
improve site design and operation, while at the same time incorporating design
elements that exceed the City's standards to offset the effect of any variations.
4. Promote a more creative and efficient approach to land use within the City, while at
the same time protecting and promoting the health, safety, comfort, aesthetics,
economic viability and general welfare of the City.
5. Preserve and enhance natural features and open spaces including, but not limited to,
the width expansion of greenway corridors, conservation of wooded areas,
development of buffer areas, reduction of impervious surface, and utilization of joint
facilities and utilities.
6. Maintain or improve the efficiency of public streets and utilities.
7. Ensure the establishment of appropriate transitions between differing land uses.
Page 6
The 2030 Comprehensive Plan shows the land use being Low Density Residential (LD) for the
western 80 areas and Medium Density Residential (MD) for the eastern 40 acres. The eastern 40
acres has approximately 22 acres of wetlands throughout the area, making it hard to develop into
a residential development. The area is shown as a portion of the greenway corridor per the
Everton Avenue Alternative Urban Areawide Review (AUAR) completed for a large area from
CSAH 8 to 165th Street, west of TH 61, by the City in 2001. This area was determined to have
significant natural resources that should be preserved and be considered to be obtained for park
dedication satisfaction. The park dedication, plus additional land, is proposed by the developer.
The rezoning/PUD is consistent with the Comprehensive Plan in terms of land use and density. It
is in staff s opinion that the Oneka Place PUD general plan has offered a creative and efficient
method to planning the site, all which meets the intent of the PUD ordinance.
Lot Sizes/Setbacks
The applicant is proposing to subdivide the existing 117.5-acre site to create 177 residential
home sites. The applicant is proposing a combination of product types and lot sizes listed below:
R-3 Zoning 55' Wide
District Villa Lots
65' Wide
Lots
70' Wide
Lots
Lot Size min
10,400 SF 7,492 SF
1
8,600 SF
9,794 SF
Lot Size av
8,976 SF
10,288 SF
11,425SF
Lot Width min
80 Ft 55 Ft
65 Ft
70 Ft
Lot Depth min
100 Ft 130 Ft
130 Ft
130 Ft
* Requested PUD flexibility highlighted in grey
Setbacks
The applicant is requesting flexibility in setbacks for the development. The applicant is
proposing the following setbacks:
R-3
55' Wide
65' and
Zoning
Villa Lots
70'Wide
District
Lots
Front Setback
30 Ft
_ ,_. I
25 Ft
min
Side Setback
10 Ft
7.5 Ft
min
Rear Setback
30 Ft
30 Ft
30 Ft
min
Lot Impervious
50%
50%
50%
max
* Requested PUD flexibility highlighted in grey
Page 7
Density
The maximum development density for a PUD in the R-3 zoning district is 4 units per net acre.
The Low Density Residential (LD) land use designation identifies residential land uses developed
between 2 units per net acre and 4 units per net acre. The applicant is proposing a residential net
density of 1.9 units per net acre, which fits the requirements of a PUD.
The eastern 40 acres is guided as Medium Density Residential (MD) in the land use plan and it
identifies residential land uses developed between 3 units per net acre and 8 units per net acre.
This area is designated as a greenway corridor in the Everton Avenue AUAR and has several
wetlands throughout the property totaling approximately 22 acres, making it hard to develop into
a residential development. A portion of this area is proposed to be dedicated for park dedication
purposes to the City. Since the area is designated as a greenway corridor and there is guidance in
the AUAR to preserve this area, it's in staff s opinion that this is a good use for the property
instead of a residential development.
Although the applicant is requesting flexibility on lot sizes and setbacks, the density meets the
ordinance standards.
Development Phasing
The applicant is proposing to construct the development in four phases. The phasing plan the
applicant provided shows the phasing generally starting from the south at the end of Oneka
Parkway and heading north. The first phase would start in 2018 and includes the platting of
approximately 50 lots, with a combination of single family homes and villa homes with access
off of Oneka Parkway and Ethan Trail. As development continues northward on the site in later
phases of the development, connections will be made to Falcon Avenue and neighboring
properties.
Landscaping/ Signage
The applicant has provided a full landscape plan. According to Section 90-181 Landscaping,
each home site shall have two deciduous shade trees maintained in the front yard. The applicant
is proposing to have two trees in the front yard of all lots. The landscape plan shows boulevard
trees along the streets and landscape buffers along Oneka Parkway, where residential lots are
adjacent to the road.
The plan also shows a nicely landscaped area for a monument sign on Outlot H, and landscape
buffers within the development creating a good transition to the proposed single family homes.
The trees and landscaping proposed to be installed with the development is approximately 547
trees, which is more than what the ordinance requires. All of the landscaping within the outlots
and along Oneka Parkway shall be maintained by the Home Owners Association.
In addition to exceeding the landscape ordinance standards, the applicant is proposing to preserve
some significant stands of trees that are currently on the property. It's in staffs opinion that the
Page 8
applicant has done a good job with the landscape plan and the preservation of existing trees. Staff
is comfortable with the landscaping proposed for the development.
Lighting
The applicant has not provided a lighting plan. The applicant will be required to have a plan
proposing typical street lighting within the development that meets the ordinance standard. The
applicant shall install the Veron decorative lamp style light throughout the development, to be
consistent with the developments to the south.
Streets/Access
The applicant is proposing three access locations from Ethan Trail, Oneka Parkway, and Falcon
Avenue. The applicant has also provided access to properties to the west and north of the
development. Staff has been working with the applicant on items regarding the construction of
Oneka Parkway. The design of the road is being discussed in regards to eliminating the
landscaped median as the road moves to the north. Staff is comfortable discontinuing the median,
but the applicant shall revise the plans to provide a raised concrete median transition that
eliminates the center median rather than the striped transition proposed.
The City has a 100 feet roadway easement to the north of the development, for the extension of
Oneka Parkway to 1651h Street. The applicant shall revise the plans to shift Oneka Parkway to the
west to align with the roadway easement. The applicant shall also revise the plans to shift Street
1, which connects to the property to the west, south to avoid wetland impacts on the adjacent
parcel.
Sidewalks and Trails
The applicant is showing sidewalks along one side of each street within the development. A
sidewalk should be added to the east side of Falcon Avenue to continue the existing sidewalk.
The plan shows trails along the east side of Oneka Parkway, Ethan Avenue (west of the
parkway), along Street 3 (between Ethan Trail and Street 4) and in the cul-de-sac on Street 4. The
trails are proposed to connect to the proposed park area from the cul-de-sac on Street 4 and
another area east of Ethan Trail. Staff will continue to work with applicant on the trail connection
points. The applicant has provided a plan showing how trails could meander through the
proposed park areas, but is not proposing to construct the trails with the development. The trail
system, if desired by the City and Parks Commission will need to be installed by the City. The
trail would likely be mulch.
The 2030 Comprehensive Plan shows a trail along Oneka Parkway and along Farnham Avenue.
The trail will be required to be installed along Farnham Avenue at the time the road is improved.
The applicant is not proposing to construct Farnham Avenue. This area is proposed to be
dedicated as a park. If the park is improved and a parking lot is desired, Farnham Avenue could
be extended to make a connection to the park. As an alternative, if the property to the east
develops, a developer could approach and propose a road connection with would be installed and
Page 9
paid for by the developer of the property to the east. The City should be open to this alternative.
This may mean a revision to the plat to have Outlot J be split into two outlots, one for park
dedication and one for a possible road extension. The applicant has done a good job meeting the
Comprehensive Plan in regards to trails.
Drainage/Grading
The City will review and issue a stormwater management permit for the development. The plans
include managing stormwater through a combination of ponds and a stormwater reuse system.
The design is consistent with stormwater rules as proposed, and staff will work with the applicant
to finalize the plans and issue a stormwater permit as the project moves forward.
The developer is showing grading on neighboring properties that they do not control. The plans
shall be revised to remove any grading on adjacent properties. However, the developer is
proposing to expand a pond in the Prairie Village development to the south that staff is
comfortable with.
A revised phasing plan shall be submitted to include grading of the site. This revised plan shall
address what the site will require for storm sewer and grading beyond the initial phase of
development. Staff expects more of a mass grading for the site to build up the site and
accommodate the stormwater and reuse needs.
Water Re -use
The plans include the installation of a stormwater reuse system to be utilized to irrigate
individual lots. The system is feasible from a water availability and equipment standpoint and
staff will finalize the technical details as the project moves forward. The system will be installed
by the applicant and owned/operated/maintained by the homeowner's association. The system
will be part of the overall stormwater management improvements to be included as part of the
stormwater permit. A stormwater reuse agreement between the City and the applicant shall be
recorded. The agreement will include provisions that will allow the City to operate the system in
the event that it is necessary to maintain compliance with the stormwater permit. The provisions
will include an ability to assess any City costs associated with operation and maintenance of the
system.
Staff is working with the applicant to determine whether or not the water reuse system will
generate stormwater management credits beyond those required to meet their own permitting
requirements. If that is the case, the City will include in its use agreement with the developer that
excess credits generated are the property of the City.
Wetlands
The property includes some wetlands, which have been delineated and approved by the City as
the Local Government Unit (LGU) The applicant is proposing to impact .9 acres, of the 25 acres
of wetland, for grading and street construction. The applicant has submitted a wetland
Page 10
replacement plan to the Technical Evaluation Panel (TEP) for approval of the wetland impacts.
The wetland replacement plan will need to be approved prior to final plat approval of any phase.
The wetlands are also under jurisdiction of the Army Corp of Engineers. In addition to City
approval, the replacement plan will need approval from the Army Corp of Engineers. The
applicant has applied for the approvals.
The replacement plan has been revised by the developer after the preliminary plat plans were
submitted to the City. The applicant was previously proposing onsite mitigation of the wetlands
but is now proposing to purchase wetland banking credits for the impacts. The applicant shall
revise the preliminary plat documents to reflect the current wetland replacement plan and remove
the onsite mitigation area.
Homeowners Association
A homeowners association (HOA) is proposed for the development. There are three housing
styles (single family detached homes, smaller single family detached homes, Villa homes) that
are proposed within the development and would have their own sub homeowners association. All
of the homes would be part of a Master HOA that will be established for the development to
own/operate/maintain the landscaping within the outlots, landscaping along Oneka Parkway, and
the water re -use system. The HOA would also establish an Architectural Review Committee
(ARC) to review and approve the home designs per architectural design guidelines. The HOA
documents and the architectural design guidelines shall be reviewed and approved by staff prior
to the recording of the final plat for the first phase.
Preliminary Plat
The preliminary plat consists of 177 residential lots and 10 outlots. The proposed use and
ownership of each outlot are as follows:
Outlot
Acres
Ownership
Use
A
5.42
city
Wetland/Pondin
B
1.53
city
Wetland
C
2.82
city
Wetland/Pondin
D
4.24
city
Pondin
E
1.14
City
Pondin
F
0.96
city
Wetland/Trees
G
1.41
City
Wetland/Trees
H
1.20
city
Pondin Buffer
I
0.13
city
Landscape Buffer
J*
43.06
city
Wetland/Park/Trails
* An easement over Outlot J shall be vacated prior dedication.
Page 11
Park Dedication
The developer is proposing to dedicate 20.96 acres of land for the purposes of a public park.
Parkland dedication of 9.26 acres is required, therefore the proposed dedication satisfies the
requirement. The area is shown as a portion of the greenway corridor per the Everton Avenue
AUAR completed by the City in 2001. This area was determined to have significant natural
resources that should be preserved and considered to be obtained for park dedication satisfaction.
The park dedication, plus additional land, is proposed by the developer. The developer has shown
an area on a site plan showing the amount of land that is required to be dedicated (10% of
upland). This is a representation of the land to be dedicated and the possible areas for trail
improvements. The developers is proposing to make connections to the park in two places on the
east side of the development from Ethan Trail and the Street 4 cul-de-sac.
The Parks Commission considered the park dedication proposal at its May 16, 2018, meeting.
Staff recommended that the Parks Commission support the proposed park dedication. The Parks
Commission recommended approval of the park dedication proposal with recommendations to
the City Council to include the following conditions in the resolution:
l . Recommended splitting Outlot J into two outlots to allow flexibility if a proposal came
forward to construct a road connection off of Farnham Avenue or if the Parks
Commission decided to construct a parking area for the proposed park.
2. Recommended that the developer continue to work with City staff on the park
connections from the development and that the developer shall construct the connections
and improve them with a bituminous trail to the prosed park.
The developer stated the recommendations are reasonable. Staff included these conditions in the
draft resolutions.
Drainage and Utility Easements
There are a number of Outlots included as part of the plat. All of the outlots are proposed to be
dedicated to the City. The Outlots should include drainage and utility easements.
Utilities
Water service is provided by connecting to the existing watermain located within Oneka
Parkway, Ethan Trail, and Falcon Avenue. 12" trunk watermain extends the entire length of
Oneka Parkway. Trunk watermain oversizing will be reimbursed by the City of Hugo.
Sanitary sewer service is provided from the southerly portion of the site by direct connection to
the existing systems within Oneka Parkway, Ethan Trail, and Falcon Avenue. The northern
extents of the proposed development are the limit of what can be served by gravity sanitary
sewer. As outlined in the comprehensive sanitary sewer system plan, a lift station will be
required directly to the north of Oneka Place for future development.
Page 12
6. CONCLUSION:
Staff believes that the layout of the proposed Oneka Place PUD general plan exceeds the City's
standards for residential developments. The developer has offered a more creative and efficient
approach to the existing constraints of the property through the site design layout. It is in staff s
opinion that the applicant meets all the requirements necessary to approve the PUD and
preliminary plat.
7. STAFF RECOMMENDATION:
Staff recommends approval of the PUD and preliminary plat for CPDC — Pratt — Oakwood, LPP,
for the development to be known as "Oneka Place", subject to the conditions listed in the draft
resolutions.
8. PLANNING COMMISSION RECOMMENDATION:
The Planning Commission unanimously recommended approval to the City Council of the Oneka
Place development, subject to the conditions listed in the draft resolutions.
ATTACHMENTS:
1. Resident Letter
2. Location map
3. Ordinance approving the rezoning to PUD
4. Resolution approving the PUD General Plan
5. Resolution approving the Preliminary Plat
6. Engineer's Memo dated May 3, 2018
7. Applicant's Narrative dated April 12, 2018
8. Draft Architectural Design Guidelines dated April 17, 2018
9. Example Home Elevations provided by the developer
10. Park and Trails plan dated April 11, 2018, revised April 13, 2018
11. Wetland Replacement plan dated April 11, 2018
12. Preliminary Plat plans dated February 5, 2018, revised March 19, 2018
Rachel Juba
From: Ryan.Allshouse <Ryan.Allshouse@target.com>
Sent: Wednesday, May 09, 2018 4:24 PM
To: Rachel Juba
Subject: RE: [EXTERNAL] RE: Oneka Place Proposal
Follow Up Flag: Follow up
Flag Status: Flagged
Hi Rachel,
Here are my comments for the Planning commission to consider during the hearing tomorrow, May 10th, regarding the
Oneka Place Proposal.
Long term plans should be developed to ensure safety and the roads can adequacy handle the planned traffic
that will be added to Heritage Parkway, Elmcrest Ave N, 159th St N, and around the Elementary school.
o 159th St N doesn't seem to be created as a main artery for traffic to these neighborhoods, but it ends up
being the most convenient route from 61 for traffic including visitors, school drop off and buses. As
future developments are submitted around Oneka Parkway there should be plans for more appropriate
main entrances into these neighborhoods.
o Elmcrest Ave N needs to be improve to support additional traffic and pedestrian safety.
o All of the traffic would be funneled around the elementary school. Children up to .75 miles from the
Oneka Parkway and 159th St N intersection are not provided bus transportation to the school.
Additionally, during warmer weather, a significant number of kids from the east side of Oneka
Elementary walk and bike to school leveraging the path down 159th St N. Maintaining a safe crossing
point at the Oneka Parkway and 159th St N intersection is critical. The addition of the stop signs has
helped this past year and other mitigations should be considered.
o If possible, limit the roads used for construction traffic to Heritage Parkway and Oneka Parkway during
development.
It is wonderful that the developer has worked with the city to preserve the natural wooded area on the east side
of the property. There should be plans to balance the preservation of the natural resources and providing open
space for use by the residence surrounding the area. Baseball fields with open grass space, basketball court, a
pavilion, and playground would be a great flexible use space. If it was easily accessible from the Farnham
entrance the surrounding residence would take advantage of it. The nearby Frog Hollow park is a heavily used
resource but geared to younger children. The addition of a larger use sport/open space would be beneficial for
the older elementary and middle school aged kids. This could also be a consideration for first part of the
property directly to the east and could be used as the initiation of developing that land.
This development is entirely located within the Forest Lake School, with the elementary school being Lino Lakes
Elementary School. Which is 7.5 miles drive located off of Lake Drive in Lino Lakes. It seems likely that the
elementary aged kids within this development would want to attempt to open enroll into Oneka Elementary
School. The City should proactively work with the Forest Lake and White Bear Lake school districts regarding
future developments around the school north of the District 624 boundary. The current school population
should also be a consideration with all the developments planned and currently underway in combination with
the current school buildings limitations.
Thank you for all of the time on the phone today to discuss development in Hugo.
Sincerely,
Ryan Allshouse
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ORDINANCE 2018-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUGO
AMENDING CHAPTER 90 (ZONING ORDINANCE) OF THE CITY CODE TO
CLASSIFY CERTAIN LAND LOCATED NORTH OF ONEKA PARKWAY AND
NORTH OF 159TH STREET
THE CITY OF HUGO ORDAINS:
Section 1. Amendment of the City Code. Chapter 90 of the City Code of the
City of Hugo, Minnesota, is hereby amended by changing the classification on the City of
Hugo Zoning Map to PUD (Planned Unit Development) with respect to the 117-acre
property legally described as follows:
See Attached
Section 2. Effective Date. This amendment shall take effect upon its passage.
ADOPTED by the City Council this 21 sT day of May, 2018
Tom Weidt, Mayor
ATTEST:
Michele Lindau, City Clerk
j`Leroux Parcel - Legal Descriptions 1.
Parcel A.
South One -Half of the Southeast Quarter of Section 7, Township 31 North of Range 21 West, Washington County,
Minnesota.
EXCEPTING: The South 225 feet of the East 350 feet of the Southeast Quarter of the Southeast Quarter of
Section 7, Township 31 North, Range 21 West, Washington County, Minnesota.
Abstract Property
Parcel R:
South One -Half of the Southwest Quarter (S'/2 of SW '/) of Section Number Seven (7), in Township Number
Thirty-one (31) North, of Range Twenty-one (21) West, and containing according to the United States Survey,
eighty-three and seventy one -hundredths (83.70) acres, Washington County, Minnesota.
EXCEPTING: The Southwest Quarter (SW 1/ of Southwest'/R ) of Section Number Seven (7), in Township
Number Thirty-one (31) North, of Range Number Twenty-one (21), and containing forty-three and seventy one -
hundredths (43.70) acres, more or less, Washington County, Minnesota.
ALSO EXCEPTING: The South 225 feet of the East 350 feet of the Southeast Quarter of the Southwest Quarter of
Section 7, Township 31 North, Range 21 West, Washington County, Minnesota.
Torrens Property
Parcel C:
The South 225 feet of the East 350 feet of the Southeast Quarter of the Southwest Quarter of Section 7, Township
31 North, Range 21 West, Washington County, Minnesota.
Torrens Property
RESOLUTION 2018-
APPROVING PUD GENERAL PLAN FOR CPDC — PRATT — OAKWOOD, LPP,
FOR "ONEKA PLACE" ON PROPERTY LOCATED NORTH OF ONEKA
PARKWAY AND NORTH OF 159TH STREET
WHEREAS, CPDC — Pratt — Oakwood, LLP, has requested approval of a PUD general
plan to allow approximately 177 single family residential lots and 10 outlots on the
117acre property legally described as follows:
(See Attached)
WHEREAS, the Planning Commission has reviewed the PUD general plan at a duly
called Public Hearing and recommends approval, and;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the
request by CPDC — Pratt — Oakwood, LLP, subject to the following conditions:
1. A PUD general plan is approved to allow the creation of approximately 177 single
family residential lots and 10 outlots, in accordance with the application and plans
received by the City on February 16, 2018, March 13, 2018, March 20, 2018, April 2,
2018, and April 13, 2018, except as amended by this resolution.
2. Approval is contingent upon City Council approval of the requested rezoning of the
117 acre property and preliminary plat.
3. The PUD general plan is approved based on the finding that the proposed project is
consistent with the City's Comprehensive Plan.
4. The developer shall comply with all conditions in the City Engineer's letter dated
May 3, 2018
5. PUD flexibility is granted to allow:
a. Flexibility to allow various lot sizes with a minimum lot size of 7,492
square feet, where 10,400 square feet is required.
b. Flexibility to allow various lot width with a minimum lot width of 55 feet,
where 80 feet is required.
c. Flexibility to allow a minimum front setback of 25 feet, where 30 feet is
required.
d. Flexibility to allow a minimum side yard setback of 7.5 feet, where 10 feet
is required.
e. Flexibility to allow a minimum right-of-way width of 54 feet, where 60
feet is required.
Resolution 2018-
Page 2
6. The preliminary phasing plan per plans dated February 5, 2018, revised March 19,
2018, shall be revised to include utility and stormwater management/reuse
installation. The revised plan shall be reviewed and approved by staff.
a. Phase 1 shall include:
i. Outlot J shall be dedicated to the City.
ii. Connection to the park on the east end of Ethan Trail
b. Phase 2 shall include:
i. The extension of Oneka Parkway to the north plat boundary.
ii. Connection to the park on the east end of Ethan Trail around the
stormeater pond.
7. The building setbacks and impervious surface coverage requirements for the PUD are
as follows:
55' Wide
65' and 70'
Villa Lots
Wide Lots
Front Setback
25 Ft
25 Ft
(min)
Side Setback
7.5 Ft
7.5 Ft
(min)
Rear Setback
30 Ft
30 Ft
(min)
Lot Impervious
50%
50%
(max)
8. A stormwater re -use system, as shown in the plans, shall be constructed with the
development. The final plans shall be reviewed and approved by staff. The system
will be installed by the applicant, and owned/operated/maintained by the
homeowner's association. A stormwater reuse agreement shall be reviewed an
approved by staff and recoded at Washington County.
9. The developer has indicated that an HOA will be established for the development to
own/operate/maintain landscaping within the outlots, landscaping along Oneka
Parkway, and the water re -use system. The HOA documents shall be reviewed and
approved by staff prior to the recording of the final plat for Phase 1.
10. The developer must comply with the following, prior to Final Plat and Final PUD
Plan application:
Resolution 2018-
Page 3
Landscaping and Lighting
a. The final landscape plans must be submitted for review and approval by staff.
Signage
b. Final design and location of the entrance monument signage for the development
shall be reviewed and approved by staff.
c. The developer shall enter into an easement agreement for access and maintenance
of the landscaping and signage with in Outlots B C, D, E, F, H, and I.
Streets/Access
d. The plans shall be revised to include the following:
i. The north end of Oneka Parkway shall be shifted to the westerly to
align with the 100 foot roadway easement on the property to the north.
ii. The western end of Street 1 shall be relocated further to the south to
avoid wetland impacts on the adjacent property.
iii. The sidewalk shall be extended to the cul-de-sac proposed on Falcon
Avenue.
Architecture
e. The developer shall develop and implement architectural review and design
guidelines for all residential buildings. These guidelines shall be consistent with
the draft architectural control guidelines provided by the developer for the PUD
General Plan dated April 17, 2018.
Miscellaneous
f. Architectural design guidelines shall be reviewed approved by City staff.
g. The developer shall work with City staff to provide a trail connections to the
proposed park to the east
h. Revise plans to remove grading shown on neighboring properties.
i. Revise plans to remove the onsite mitigation area shown on the plans.
j. Revise plans to add a curbed and landscaped median transition within Oneka
Parkway.
Resolution 2018-
Page 4
ADOPTED by the City Council this 21 st day of May, 2018.
Tom Weidt, Mayor
ATTEST:
Michele Lindau, City Cleric
j`Leroux Parcel - Legal Descriptions 1.
Parcel A.
South One -Half of the Southeast Quarter of Section 7, Township 31 North of Range 21 West, Washington County,
Minnesota.
EXCEPTING: The South 225 feet of the East 350 feet of the Southeast Quarter of the Southeast Quarter of
Section 7, Township 31 North, Range 21 West, Washington County, Minnesota.
Abstract Property
Parcel R:
South One -Half of the Southwest Quarter (S'/2 of SW '/) of Section Number Seven (7), in Township Number
Thirty-one (31) North, of Range Twenty-one (21) West, and containing according to the United States Survey,
eighty-three and seventy one -hundredths (83.70) acres, Washington County, Minnesota.
EXCEPTING: The Southwest Quarter (SW 1/ of Southwest'/R ) of Section Number Seven (7), in Township
Number Thirty-one (31) North, of Range Number Twenty-one (21), and containing forty-three and seventy one -
hundredths (43.70) acres, more or less, Washington County, Minnesota.
ALSO EXCEPTING: The South 225 feet of the East 350 feet of the Southeast Quarter of the Southwest Quarter of
Section 7, Township 31 North, Range 21 West, Washington County, Minnesota.
Torrens Property
Parcel C:
The South 225 feet of the East 350 feet of the Southeast Quarter of the Southwest Quarter of Section 7, Township
31 North, Range 21 West, Washington County, Minnesota.
Torrens Property
RESOLUTION 2018-
APPROVING PRELIMINARY PLAT FOR THE CPDC — PRATT — OAKWOOD,
LPP, FOR "ONEKA PLACE" ON PROPERTY LOCATED NORTH OF ONEKA
PARKWAY AND NORTH OF 159TH STREET
WHEREAS, CPDC — Pratt — Oakwood, LPP, has requested approval of a preliminary
plat to allow construction of 177 single family lots and 10 outlots on the 117 acre
property legally described as follows:
(See Attached)
WHEREAS, the Planning Commission has reviewed the preliminary plat at a duly called
Public Hearing and recommends approval, and;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the
request by CPDC — Pratt — Oakwood, LPP„ for a preliminary plat, subject to the
following conditions:
1. A preliminary plat is approved to allow the creation of 177 single family home lots
and 10 outlots, in accordance with the application and plans received by the City on
February 16, 2018, March 13, 2018, March 20, 2018, April 2, 2018, and April 13,
2018, except as amended by this resolution.
2. Approval is contingent upon City Council approval of a rezoning to PUD for the 117
acre site.
3. The developer shall comply with Resolution 2018-, for the PUD.
4. Park Dedication is proposed to be satisfied with land dedication of Outlot J.
5. The preliminary plat plans dated February 5, 2018, revised March 19, 2018, shall be
revised to include the following revisions, to be reviewed and approved by staff:
a. Remove grading shown on neighboring properties.
b. The north end of Oneka Parkway shall be shifted to the westerly to align
with the 100 foot roadway easement on the property to the north.
c. The western end of Street 1 shall be relocated further to the south to avoid
wetland impacts on the adjacent property.
d. Remove the onsite mitigation area shown on the plans.
e. Add a curbed and landscaped median transition within Oneka Parkway.
£ Finalize trail connections to the proposed park. The trail connections shall
be improved with a bituminous surface, constructed and paid for by the
developer.
g. The sidewalk shall be extended to the cul-de-sac proposed on Falcon
Avenue.
h. Outlot J shall be split into two outlots.
Resolution 2018-
Page 2
i. Include utility and stormwater management/reuse installation in the
phasing plan.
6. The preliminary phasing plan per plans dated February 5, 2018, revised March 19,
2018, shall be revised to include utility and stormwater management/reuse
installation. The revised plan shall be reviewed and approved by staff.
a. Phase 1 shall include:
i. Outlot J shall be dedicated to the City.
ii. Connection to the park on the east end of Ethan Trail
b. Phase 2 shall include:
i. The extension of Oneka Parkway to the north plat boundary.
ii. Connection to the park on the east end of Ethan Trail around the
stormeater pond.
7. The building setbacks and impervious surface requirements for the development are
as follows:
55' Wide
65' and 70'
Villa Lots
Wide Lots
Front Setback
25 Ft
25 Ft
min
Side Setback
7.5 Ft
7.5 Ft
(min)
Rear Setback
30 Ft
30 Ft
min
Lot Impervious
50%
50%
(max)
8. Outlot Use and Ownership
a. Outlots A, B, C, D, E, F, G, H, and I, are proposed for stormwater
ponding, wetlands, and landscaping and shall be deeded to the City.
b. Outlot J is proposed for a public park and stormwater ponding and shall be
deeded to the City. A road may be installed by the City within Outlot J for
access to the park or by adjacent property owners to access the property to
the east.
9. The developer has indicated that an HOA will be established for the development to
own/operate/maintain landscaping within the outlots, landscaping along Oneka
Parkway, and the water re -use system. The HOA documents shall be reviewed and
approved by staff prior to the recording of the final plat for Phase 1.
10. The landscaping planned for the development shall be installed all at the same time
during each phase. The developers shall take proper precautions to protect the trees as
the homes are being built.
Resolution 2018-
Page 3
11. Prior to commencement of any grading, the developer shall comply with the
following conditions:
a. The developer shall revise plans per items number 5.
b. The developer shall obtain all necessary stormwater management and
WCA permits from the City.
c. The development shall obtain the necessary permits from the Army Corp
of Engineers for the wetland replacement plan.
12. Prior to the release of the final plat for recording, the developer shall comply with the
following conditions.
a. The developer shall comply with the City standards for street lighting
within the public right-of-way. The street lights shall be the Veron style
decorative light.
b. The developer shall comply with all conditions outlined in the City
Engineer's memos dated March 3, 2018.
c. The development shall comply with the Fire Chief s requirements
regarding fire flow calculations, the location of fire hydrants, fire
department connections, and fire lane signage.
d. The developer shall obtain all necessary stormwater management and
WCA permits from the City.
e. The development shall obtain the necessary permits from the Army Corp
of Engineers for the wetland replacement plan.
f. The developer shall vacate the existing easement on Outlot J.
g. The developer shall obtain all necessary local, state, and federal permits.
h. A stormwater reuse agreement shall be reviewed and approved by staff
and recoded at Washington County.
i. The Homeowners Association (HOA) documents for review and approval
by staff.
j. Architectural design guidelines shall be reviewed and approved by staff.
k. The developer shall work with City staff to provide trail connections to the
proposed park to the east.
Resolution 2018-
Page 4
1. The City's development fees will apply to this project. The fee amounts
will be calculated and included as part of the Development Agreement. A
development agreement shall be executed and all fees shall be paid.
in. A formula has been developed to determine the amount that the water
trunk fee can be reduced based on the water reuse system, which results in
a 35% reduction in the trunk fee. This provision will be included in the
development agreement for each phase.
13. Prior to the issuance of building permits, the developer shall comply with the
following conditions.
a. The applicant shall record the final plat, development agreement and all other
documentation at Washington County and provide the City with proof of
recording.
ADOPTED by the City Council this 21 st day of May, 2018
Tom Weidt, Mayor
ATTEST:
Michele Lindau, City Clerk
j`Leroux Parcel - Legal Descriptions 1.
Parcel A.
South One -Half of the Southeast Quarter of Section 7, Township 31 North of Range 21 West, Washington County,
Minnesota.
EXCEPTING: The South 225 feet of the East 350 feet of the Southeast Quarter of the Southeast Quarter of
Section 7, Township 31 North, Range 21 West, Washington County, Minnesota.
Abstract Property
Parcel R:
South One -Half of the Southwest Quarter (S'/2 of SW '/) of Section Number Seven (7), in Township Number
Thirty-one (31) North, of Range Twenty-one (21) West, and containing according to the United States Survey,
eighty-three and seventy one -hundredths (83.70) acres, Washington County, Minnesota.
EXCEPTING: The Southwest Quarter (SW 1/ of Southwest'/R ) of Section Number Seven (7), in Township
Number Thirty-one (31) North, of Range Number Twenty-one (21), and containing forty-three and seventy one -
hundredths (43.70) acres, more or less, Washington County, Minnesota.
ALSO EXCEPTING: The South 225 feet of the East 350 feet of the Southeast Quarter of the Southwest Quarter of
Section 7, Township 31 North, Range 21 West, Washington County, Minnesota.
Torrens Property
Parcel C:
The South 225 feet of the East 350 feet of the Southeast Quarter of the Southwest Quarter of Section 7, Township
31 North, Range 21 West, Washington County, Minnesota.
Torrens Property
/A
ffYS
& Associates, Ine.
May 3, 2018
Ms. Rachel Juba
City Planner
Infrastructure ■ Engineering ■ Planning ■ Construction
City of Hugo
14669 Fitzgerald Avenue North
Hugo, MN 55038
Re: Preliminary Plat Review
Oneka Place
WSB Project No. 010997-000
Dear Ms. Juba:
701 Xenia Avenue South
Suite 300
Minneapolis, MN 55416
Tel: 763-541-4800
Fax: 763-541-1700
We have reviewed the final plat submittal for Oneka Place located at the northern extents of
Oneka Parkway, Ethan Trail, Farnham Avenue and Falcon Avenue. In particular, we have
reviewed the following plans related to this particular request:
• Oneka Place Preliminary PUD dated 03/19/18 by Westwood Professional Services
a. Preliminary Plat
b. Preliminary Grading, Drainage and Erosion Control Plans
c. Preliminary Utility Plan
• Wetland Impact Plan dated 03/29/18 by Westwood Professional Services
• Wetland Replacement Plan dated March 2018 and Addendum dated 03/30/18
• Groundwater Investigation Report dated March 2018 by Earth Science Associates, Inc.
• Preliminary Stormwater Runoff Narrative dated 02/16/18 by Westwood Professional
Services
• Stormwater Reuse Water Irrigation Plans dated 03/12/18 by Irrigation Doctor Rx
Based on the review of the preliminary plat documents, we offer the following comments related
to this application:
Preliminary Plat
1. All Outlots with the exception of Outlot J should have drainage and utility easements over
them.
S,Vs—R_JubalRochellDEVELOPMENTPROJECT51Lerous PropertylOoeko Pl—c Neliminary Plat and PUDIEng Memo Oneka Place 050318.doc
Ms. Rachel Juba
May 3, 2018
Page 2
Grading, Street, and Utility Plans
2. The western end of Street 1 will need to be relocated further to the south as indicated by the
technical evaluation panel to avoid wetland impacts on the adjacent parcel.
3. The north end of Oneka Parkway will need to be shifted westerly to line up with the City's
right of way to the north of the development.
4. Oneka Parkway to the south has a 110-ft right-of-way containing a center median from
Frenchman Road north to this development. Previous discussions entailed the transition out
of this center median which is proposed to take place within this development. The Oneka
Parkway right-of-way within this development transitions to 80-ft and eliminates the center
median. Staff is working with the development team to provide a raised concrete median
transition that eliminates the center median rather than the striped transition proposed.
5. Project phasing will continue to be evaluated to ensure that stormwater and water reuse
accommodations are available for each phase. A phasing plan for grading will help address
this as the site will require storm sewer and grading beyond initial phase boundaries. This is
not unusual and staff expects more of a mass grading approach to build up the site and
accommodate stormwater and water reuse needs.
6. Water service is provided by connecting to the existing watermain located within Oneka
Parkway, Ethan Trail, and Falcon Avenue. 12" trunk watermain extends the entire length of
Oneka Parkway. Trunk watermain oversizing will be reimbursed by the City of Hugo.
7. Sanitary sewer service is provided from the southerly portion of the site by direct connection
to the existing systems within Oneka Parkway, Ethan Trail, and Falcon Avenue. The
northern extents of the proposed development are the limit of what can be served by gravity
sanitary sewer. As outlined in the comprehensive sanitary sewer system plan, a lift station
will be required directly to the north of Oneka Place for future development.
Stormwater Management
8. The applicant has submitted their Storm Water Management Plan for the site, including the
appropriate storage, rate control, treatment, and volume reduction. The applicant is utilizing
water reuse as a means to irrigate the development and meet a portion of the stormwater
management requirements.
9. The applicant is meeting approximately 50% of the volume reduction requirement by
utilizing water reuse. The remaining volume control requirement is met through the dead
pool storage provided in the NURP ponds.
10. A water balance analysis has been submitted as part of the stormwater submittal identifying
adequate water supply with the stormwater basins to sustain water reuse.
11. A detailed groundwater analysis has been submitted to identify the elevation of groundwater.
The findings have been used to identify minimum floor elevations that provide required
separation from groundwater.
S,Vs—R_JubalRochellDEVELOPMENTPROJECT51Lerou PropertylOoeko Pl—c Neliminary Plat and PUDIEng Memo Oneka Place 050318.doc
Ms. Rachel Juba
May 3, 2018
Page 3
Wetland
12. A revised wetland sequencing and replacement plan application has been received and will
be noticed in the next week. The wetland hydrology assessment table has been revised and is
currently being reviewed.
Thank you for the opportunity to provide comments on this project. Additional comments may
be necessary following the review of the responses to these. If you have any questions, please do
not hesitate to contact me at 651-286-8463.
Sincerely,
WSB & Associates, Inc.
Mark Erichson, PE
City Engineer
cc: Scott Anderson, Public Works Director (email only)
Steve Duff, Senior Engineering Technician (email only)
Stephanie Hatten, Water Resource Engineer (email only)
Len Pratt, Pratt Homes (email only)
John Bender, Westwood Professional Services (email only)
S,Vs—R_JubalRochellDEVELOPMENTPROJECT51Lerou PropertylOoeko Pl—c Neliminary Plat and PUDIEng Memo Oneka Place 050318.doc
Westwood
April 12, 2018
7699 Anagram Drive
Eden Prairie, MN 55344
Main (952) 937-5150
Fax (952) 937-5822
westwoodps.com
(888) 937-5150
Oneka Place (Leroux) - PUD Development — Updated Project Narrative
INTRODUCTION: The Development team:
- Ownership, CPDC-PRATT-OAKWOOD LIMITED LIABILTY PARTNERSHIP
- Planners and Engineers - Westwood Professional Services
- Environmental Resources - Earth Science -Ken Meeks, Dan Seemon, Carex Consulting
LOCATION: "Oneka Place" previously referred to as the LEROUX PROPERTY which lies north of the Prairie Village
development, north of 1591h St N at the north end of Oneka Parkway in HUGO, MN. The site consists of 117.5
acres.
GENERAL DESCRIPTION OF REQUEST: PUD PRELIMINARY PLAT APPROVAL
Preliminary Plat and PUD flexibility approval is requested for the net developable area of 90.0 acres after
subtracting 25.0 acres of wetlands. As submitted, the unit count is a total of 177 single family lots, (139
single family and 38 villa homes) which equates to an overall gross density of 1.50 units per acre, overall net
density of 1.90 units per acre.
In an effort to align with the City's density requirements and environmental site constraints, the PUD
development process is request. The PUD will allow for maximizing density by reduced right of way, lot
width, front and side yard setbacks.
The project is proposed to be developed over 4 phases depending on market conditions. The phasing plan
provided illustrates the areas and predicted lot counts proposed with each phase.
HOUSING AND SETBACKS:
Two types of dwelling types are proposed. The lots west of Oneka Parkway are proposed to be more of
traditional single family homes similar to the Prairie Village development to the south. The lot widths are a
minimum of 70 ft. The min lot size is 9,794 sq. ft. with an overall average of 11,425 sq. ft. There will most
likely be a pool of builder's building on these lots. The final list of builders has not been determined.
Architectural control (ARC) will be administrated by the developer to ensure quality homes. Architectural
elements include 8/12 roof pitch, two story dwelling - min 1,750 s.f., Ramblers - min 1,500 s.f., some stone
accent, 3 car garage — market driven dwelling type. ARC guidelines will be provided.
The lots lying east of Oneka Parkway are proposed to be two product types, Villas on 55 ft. wide lots and
single family on 65 ft. wide lots. The Villa lots have a min lot size is 7,492 sq. ft. with an overall average of
Multi -Disciplined Surveying & Engineering
TBPLS Firm No. 10074302 westwoodps.com
April 12, 2018
Page 2
8,976 sq. ft. The 65 ft. wide single family lots have a min lot size is 8,600 sq. ft. with an overall average of
10,288 sq. ft. Capstone Homes is intended to be the builder of these homes. Capstone has provided a
portfolio of home designs for each dwelling type.
The reduced setbacks requested on the overall site to better meet density requirements. The setbacks
proposed are 25 foot front, 25 foot front corner lot, 7.5 foot sides and 30 foot rear.
The Concept review staff report pointed out concerns for mix of product on the east side of Oneka Parkway
and to reevaluate the mix to ensure there is an appropriate transition. To this point more 65 ft. wide single
family lots were inserted to minimize the "pockets" of Villas among the single family home. The current
proposed inventory of each product is a shown below.
Summary Total Lots
all Phases
Before
#Units
Now
#Units
Difference
#Units
65' lots - Capstone
41
71
30
55' — 60' Villas/SF -
Capstone
67
38
-29
70' SF, west of Oneka
69
68
-1
Totals
177
177
0
UTILITIES:
Municipal Sanitary Sewer and Water Main are stubbed to the south end of the project. The project will
extend these municipal services with each phase in accordance with city engineering specifications and
detail plates.
SITE GRADING AND STORM WATER MANAGEMENT:
Initial soil borings indicated high perched groundwater conditions throughout the site. The time of the year
the borings were taken was March which may attribute to the high perched water conditions (frozen ground
below the surface) Perched water conditions are nothing new to Hugo sites. The city's engineering standard
requirement building minimum lowest floor elevation of 3 feet above the 100 year flood elevation of
ponds/wetlands and 4 ft. above the ground water. As a result, the site would require significant fill material
to raise building pads above the wetlands and/or perched water. The fill material needed is either mined
with storm water pond construction which then the ponds tend to be deeper than necessary, or material is
imported at a significant cost.
To provide the margin of safety the city requires for the groundwater or perched water conditions, an area
hydrologist Mr. Ken Meeks, was employed to perform additional borings to 40 ft. depth to determine actual
groundwater conditions. The groundwater Investigation study completed provides a wealth of data. In
conclusion, the study indicates that a four foot separation exists between the groundwater elevations and
proposed lowest floors. Perched water conditions are present and exist due to the tight soil conditions. As
noted in the conclusion of the report "Basement sump pump systems are recommended for all homes on
2
April 12, 2018
Page 3
the site. Sump pump activation may occur intermittently from April to June when the spring thaw of frozen
ground and heavy spring rainfall introduces addition water into the physical environment. During this
period, water seepage into basement excavation from saturated native clay material is possible, and surface
runoff may find its way into basement." It should be noted that basement sump pump systems are a
building code requirement regardless of soil/ground types. With this hydrology study, we have provided
documentation/data that supports adjusting the minimum building lowest floor elevations.
The existing pond in Prairie Village 4th, adjacent to Oneka Parkway, is proposed to be expanded for fill
material and ponding. The existing pond is located on the City's property, Outlot C, Prairie Village 4th.
Therefore, request approval from the city for the expansion of the pond on Outlot C.
The storm water ponds will be used for irrigation to meet water reuse and infiltration requirements by the
city.
The grading plans show grading outside the property line in 3 areas. The Developer will work with the
adjacent property owners to obtain a temporary construction easement for this work. If no easements can
be obtained, then the grading limits will be adjusted to the confines of the project. These types of details
are typically worked out prior to final plat submission.
The westerly portion of the site contains an existing storm sewer outlet pipe from Prairie Village. An
easement was given to the Prairie Village developer to allow for the piping system. This piping system will
either be maintained or incorporated with development storm water management system. The existing
drainage easement will be petitioned to be vacated and new drainage easement provided with the final plat
for Oneka Place.
Ol1TLOTS-
Since all of the proposed Outlots, contain either wetlands, open space or ponding, they would be dedicated
to the city. Outlot H would retain an easement for a neighborhood monument.
STREETS. SIDEWALKS AND LANDSCAPING:
Four public street access points are available to the site, Ethan Tr., Oneka Parkway, Falcon and Farnham.
Three out of the four will be utilized and extended with development of the site. Only Farnham will not be
extended. The city may decide to extend Farnham in the future with improvements to the park.
We have reviewed potential alternative street extension to the northwest of the site. However, due to
existing wetland configuration and lack of utility extension it is not feasible. Access to this would be from
Oneka Parkway — see attached conceptual layout.
Oneka Parkway will be extended from its current terminus in Prairie Village with a two lane street section
without a center landscape median. The street section proposed is the same as Oneka Parkway recently
constructed in Clearwater Cove, south of Co Rd 14. The appropriate transition in street section and median
configuration will be provided.
A 10 foot wide bituminous Trail will be constructed along the eastside of Oneka Parkway. 8 foot wide
bituminous trails are proposed along the north side of Ethan Trail N, west of Oneka Parkway, along Street 3,
3
April 12, 2018
Page 4
between Ethan Tr. N and Street 4 as well as in the cul de sac on Street 4. 5 foot wide concrete sidewalks will
be provided along every street. These walks, along with the trails, will provide a pedestrian friendly
neighborhood with access to the park and other trail systems built in the future by the city.
Landscaping will be per city ordinance for the most part. In return for PUD flexibility, additional plantings are
being provided along Oneka Parkway. A neighborhood entry monument will be constructed for the Villa
neighborhood. Capstone homes will be providing a detailed site plan for review and approval with final plat.
Street lights will provided in accordance with city standards in the general locations shown on the plans.
%A/FTI ANIIC-
The site contains approximately 25.0 acres of wetlands. A wetland delineation has been completed and
approved by the TEP. Of the 25.0 acres of wetlands only 0.92 acres (40,410 sq. ft.) are proposed to be
impacted with development. Most of the wetland impacts are generally due to public street extensions and
ponding. Impacted wetlands will be mitigated by purchasing off site banking credits from an approved
wetland bank.
The wetland replacement report and function assessment will be prepared by. Mr. Meeks and submitted to
the regulatory agencies for consideration. It is our desire to have the wetland replacement approval run
parallel with the preliminary plat development process through the city. Based on preliminary discussion
with regulator on wetland impacts, we feel very confident the minimum impacts proposed will be approved.
PARK DEDICATION:
Parkland dedication is proposed in lieu of Park Fees. The Park dedication would be 10 % of the net
developable land which results in 9.25 acres of land dedication. The land breakdown of Outlot J is as follows:
Outlot J land Breakdown
43.06
Acres
100%
Tree Canopy
22.25
Acres
51.67%
Wetlands
18.03
Acres
41.87%
open space
2.78
Acres
6.46%
100.00%
Proposed Tree removal
for ponding and Falcon
Road
3.19
Acres
14.34%
No other park improvements are proposed. Connection points from the proposed park to the neighborhood
are being provided at two locations shown on the plans.
M
April 12, 2018
Page 5
TREE PRESERVATION:
Select tree removal is proposed over a minority of the site. Based on canopy coverage, below is a table
which the percent of removals:
Total Tree Canopy 28.63 Acres
Proposed Tree Removal 7.58 Acres
Results in 26.5% Tree Canopy Removal
Tree protection will be provided by silt fence and/or tree removal fence to denote limits of removal.
HOMEOWNER ASSOCIATIONS:
The Villa development east of Oneka Parkway will be governed by a homeowners' association. The entire
development will most likely be managed by a Master HOA in order to provide maintenance for the
irrigation water reuse system.
PROJECT SCHEDULE:
Subject to PUD and Wetland Replacement approvals, Phase 1 grading is anticipated in May 2018 with utility
and street construction commencing in early June 2018 and completed with first lift of bituminous base mid -
July 2018. The project will be constructed in four phases as market conditions dictate.
PUD Flexibility requests —
In return for the PUD flexibility, we propose the following project enhancements:
- Exceed Parkland dedication/open space requirement with 43.06 acres (Outlot J) vs. 9.25 acres
required.
- Addition of bituminous trails through the neighborhood to connect to future city park
Irrigation reuse system
Architectural control of building plans
A mix of product type
Maintained Open space/greenway corridors
Enhanced landscaping along Oneka Parkway
Bituminous trails
Irrigation water reuse system
A mix of product type and price points
Thank you for your consideration. Feel free to contact anyone on the development team with questions.
5
April 12, 2018
Page 6
PROJECT CONTACTS:
DEVELOPER:
CPDC CPDC-PRATT-OAKWOOD LIMITED LIABILTY PARTNERSHIP
Len Pratt, Managing Partner
Pratt Homes
3500 Willow Lake Blvd., Suite 100
Vadnais Heights, MN 55110
lenpratt@pratthomes.com
(651) 429-8032
PLANNERS/ENGINEERS:
Westwood Professional Services
David Hempel, Sr. Construction Coordinator/Project Manager
John Bender, P.E., Project Manager
7699 Anagram Drive
Eden Prairie, MN 55344
David. hem Pei@westwoodps.com
612-716-8419
John.bender@westwoodps.com
612-708-8962
ENVIROMENTAL:
Earth Science Associates
Ken Meek, P.G., C.P.G.
37445 Grand Ave
North Branch, MN 55056
612-718-0413
esa332kgmail.com
Dan Seemon, Carex Consulting
Wetland Review and Permitting
Denadkfrontiemet.net
651-724-2454
Attachments —Capstone Homes Building Elevations
70' Builders Pool Typical Building Elevations
G
Received April 17, 2018 P)?1!1
ONEKA PLACE
ARCHITECTURAL AL CONTROL GUIDELINES
FOR THE HOMES BUILT
ON THE WEST SIDE OF ONEKA PARKWAY NORTH
1. General Requirements:
Minimum Floor Area Two Story 1,800 Square feet
One Story 1,400 Square feet
Split Level
2. Elevations: Natural and cultured stone and/or brick are
required on each front elevation. LP
Smartside, Hardie board or similar product
are all permitted; steel and vinyl siding, are
permitted. Steel or aluminum soffit and
fascia are permitted.
3. Design Styles:
4. Required Design Features:
- Accent Windows
- Arched or Transom Windows
- Decks
- Bay or bow window options
- Columns
- Designer garage doors
- Dormer on front elevation
- Front porches must be 6' min depth
- Eave returns
- Engraved address labels
No two homes directly next to each other, or
directly across the street, kitty corner from
each other shall be of the same design detail
or have the same color scheme on the
exterior. If a builder chooses to build
multiple copies of a model, then they are
required to have different elevations, colors
and have different stone/brick selections.
Variety is important.
All plans must have at least 6 of the
following Design Features. The features
included must be noted on the Architectural
Review Application. All windows and
corners must be wrapped.
- Flower boxes
- Masonry Accents
- Multiple siding patterns, materials,
colors
- Multiple gables
- Ornamental shutters
- Variety of roof pitches or styles
- Window grids
5. Garages: 3 Car minimum.
6. Roofing Materials:
30 Year Architectural Shingle or greater are
permitted.
7. Roofs: Forward facing gables to be a minimum of
8/12. Front porch roofs and saddles are
excluded. Lesser pitch is acceptable for
certain designs (such as in prairie style
home) with ACC approval. The main roof to
be a minimum of 8/12.
8. Colors: Earth tone schemes and other current
popular home colors maybe used but must
be based upon compatibility with the
neighborhood. No florescent or pastel color
schemes shall be allowed. Colors cannot
match neighboring homes.
9. Trim Colors: Trim to be detailed in complimentary, accent
colors. Monotone schemes are
discouraged.
10. Front walk:
11. Antennas/Satellite Dishes:
12. Storage Buildings:
Minimum 4'-0" in width concrete, pavers, or
stamped.
Must be attached to home and placed in
such a manner as to minimize the view from
the street.
No exterior storage buildings shall be
permitted.
13. Outdoor Pools: A permanent recreational pool is permitted
only if it is constructed in -ground and
complies with all applicable laws,
ordinances and codes. No permanent
above -ground recreational pool is permitted.
Temporary wading pools (kiddie pools) of
the type which are inflated and are easily
14. Dog Runs/Kennels:
removed, are allowed provided that they are
not left standing on a Lot for more than 10
consecutive days at a time and do not
exceed 12 feet in diameter. All pools which
are permitted must be located in the rear
portion of the Lot, away from the street.
The restriction on pools shall not apply to
landscaping ponds.
Dog runs and kennels are prohibited, except
upon approval by the Architectural Control
Committee (ACC). For approval the design
shall be done in such a way that the run or
kennel be attached to the dwelling and
located so that it is not visible from the
street and properly screened. The kennel
must be enclosed on all 4 sides with
materials that match or compliment the
siding of the house. This is to minimize
annoyances to the pet that could result in
persistent barking.
15. Driveways: Driveways must be constructed of concrete,
asphalt or pavers, or combination thereof,
unless otherwise approved by the ACC.
Driveways must be installed within two
months of the date of issuance of a
certificate of occupancy, weather permitting.
16. Fences: Fences in front yards (including both street
sides of corner lots) are prohibited. Side
yard and rear yard fences are subject to
ACC review and approval. No chain link or
privacy fences are allowed. Recommended
style includes some type of black aluminum
picket. Maximum allowable height is 4'.
17. Final Grading: Final grading must comply with the City
approved final grading plan and the Owner
shall provide Developer with an "as built"
survey confirming compliance with the City's
grading plan upon completion of
construction of the Dwelling.
18. Landscaping: All disturbed areas must be graded and
landscaped or covered with sod. A
minimum of two - 2.5" or greater trees per
Lot must be planted at minimum one of
which shall be installed in the boulevard.
Additional boulevard trees may be
required per the City approved
landscaping plan. All boulevard trees are
there the responsibility of the Builder to
install and homeowner to maintain. All
homes must be edged around entire
structure with rock or mulch. Minimum of
15 shrubs and 10 perennials planted in
the front of every home. Additional
plantings encouraged for the sides and
rear.
19. Sprinkler / Irrigation System: The optional sprinkler/irrigation system
would require access to a water reuse
system. See attached Stormwater Re -Use
Agreement.
20. Warranty on Trees Builder will provide a one (1) year warranty
on all trees.
(Above Space Reserved for Recording Information)
STORMWATER RE -USE AGREEMENT
(Oneka Place, Hugo, Minnesota)
THIS STORMWATER RE -USE AGREEMENT (this "Agreement") is entered into as of
this day of , 201_, by and between the CITY OF HUGO, a Minnesota
municipality organized and existing under the laws of the State of Minnesota (the "City") and
ONEKA PLACE MASTER HOMEOWNERS ASSOCIATION, a Minnesota non-profit
corporation (the "HOA").
RECITALS
A. Stormwater ponds (the "Ponds") have been or will `he located on property owned
by the City and legally described as:
Outlot and Outlot _, ONEKA PLACE, Washington County, Minnesota (the
"City Outlots").
B. The City desires to allow stormwater to be pumped out the Ponds and used to
provide irrigation water to the individual lots created or to be created within the Oneka Place
residential community (the "Lots") as identified on Exhibit A attached hereto and incorporated
herein.
C. A Stormwater Re -Use Distribution System (the "System"), including without
limitation Stormwater Re -Use Pumps (the "Pumps"), has been designed and will be installed in
locations as generally depicted on Exhibit B attached hereto and incorporated herein, which
System and Pumps allow stormwater from the Ponds to be used to provide irrigation water to the
Lots.
D. The City and the HOA wish to enter into this Agreement, governing the use of the
System and the Pumps.
520491v1 LMW PR175-84
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties hereby agree as follows:
1. Use of Pumps. The City hereby grants to the HOA the right to utilize the Pumps
and the Ponds to pump stormwater from the Ponds and for use in the System to provide irrigation
water to the Lots, all in accordance with the terms and conditions of this Agreement. The Pumps
and electrical controls will be installed and stored within the City Outlots. The City hereby
grants to the HOA, its successors and assigns, a non-exclusive license to use the City Outlots and
rights of way as necessary to receive the benefit of and comply with the terms and conditions of
this Agreement during the period in which the System is in use.
2. Permits. The HOA shall apply for and obtain from the Minnesota Department of
Natural Resources ("DNR") one or more appropriation permits, as required, prior to pumping
any water from a Pond. The terms of any such permits shall be reasonably acceptable to both the
City and the HOA. The HOA shall be responsible for ensuring compliance with the
requirements of the DNR, including without limitation, all reporting requirements and fee
payments.
3. Pumping Requirements. The HOA shall be required to meet the stormwater
permit requirements for the Oneka Place residential community. Notwithstanding anything to the
contrary in this Agreement, no pumping of stormwater from the Ponds shall occur when the
water level in the Pond served by a Pump falls below eight hundred ninety-seven (897.0)1 feet
above sea level.
4. Irrigation. The HOA and the Lot owners shall be exempt from any watering
restrictions of the City relating to irrigation, provided that the HOA is re -using stormwater via
the System for irrigation purposes. Such exemption shall not apply if the HOA or Lot owners
are using the City's water supply for irrigation purposes.
5. Rules. The HOA may, from time to time, promulgate reasonable rules and
regulations relating to the use and operation of the System ("Stormwater Re -Use Rules"). Such
Stormwater Re -Use Rules may include conditions, rules and regulations related to water
availability, specific and/or allowed watering times and days, and required watering to maintain
the capacity of the Ponds. The HOA shall provide the City and the Lot owners a copy of any
Stormwater Re -Use Rules, which will be subject to change at the discretion of the HOA.
6. Maintenance. The HOA shall be responsible for operating, maintaining,
winterizing, repairing and replacing the System and the Pumps, and for the costs thereof;
provided, however, that the HOA may assess the costs incurred under this Agreement to the Lot
owners pursuant to the governing documents for the Oneka Place residential community. The
HOA shall coordinate full -system draining and blow-out for winterization purposes.
Maintenance, inspection, and testing shall adhere to operation and maintenance guidelines as set
forth by the Metropolitan Council Stormwater Reuse Guide-2011 as identified on Exhibit C. It
shall be the HOA's responsibility to ensure water quality is adequate for irrigation prior to
1 This water level is the water level referenced in the Clearwater Cove agreement. I'm not sure that it applies to
Oneka Place.
2
520491v1 LMW PR175-84
system start-up each spring. Notwithstanding the foregoing, in no event shall the City Outlots be
subject to assessment for such costs.
7. Default. In the event the HOA fails or refuses to maintain, repair and/or operate
the System or the Pumps as required herein, the HOA shall correct the deficiency within thirty
(30) days after the City gives written notice to the HOA specifying the deficiency, or as .soon as
weather permits. If the HOA fails to timely correct the deficiency, then the City may, with ten
(10) days written notice and without regard to the formalities of Minnesota Statutes Chapter 429,
perform sµch work to maintain; repair, and/or operate the System and assess each Lot within the
Oneka Place residential community for the cost of such work. This section is in addition to any
requirements from the Encroachment and Maintenance Agreement recorded with the County
Recorder for Washington County as document number 4044872.
8. Credits. The HOA recognizes the City's intent to use any excess volume and
water quality credits created by the System as a means of meeting volume and water quality
requirements for City road and other projects under Rice Creek Watershed District stormwater
management rules. Notwithstanding the foregoing, the HOA has no obligation to create any
such excess credits or to operate the System in any manner other than in accordance with the
requirements of this Agreement.
9. Plans. The HOA .shall submit to the City as -built drawings of System showing
all lines, including service connections with original system, location of all underground
structures, location and types of valves, description of conditions that require valves to be open
or shut, and the location(s) of drain plug/cleanout sump(s). Future services will be shown on
individual house building permit plans.
10. Miscellaneous. This Agreement contains the entire agreement between the City
and the HOA regarding the subject matter hereof. This Agreement may be signed in any number
of counterparts, each of which shall be considered an original, but which together shall constitute
one and the same instrument. This Agreement may be amended only by a written instrument
signed by the parties hereto. This Agreement shall run with the land.
[Signature and Acknowledgement Page Follows.]
3
520491v1 LMW PR175-84
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written.
CITY OF HUGO
LM
LE
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
Mayor
. Clerk
The foregoing instrument was acknowledged before me this day of , 201_, by
and , the Mayor and Clerk of the City of Hugo, a
Minnesota municipal corporation, on behalf of the municipal corporation.
Notary Public
4
520491v1 LMW PR175-84
ONEKA PLACE MASTER HOMEOWNERS
ASSOCIATION
President
STATE OF MINNESOTA )
ss.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this day of , 20_,
by , the President of Oneka Place Master Homeowners Association, a
Minnesota non-profit corporation, on behalf of the non-profit corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Larry M. Wertheim
Kennedy & Graven, Chartered
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
5
520491v1 LMW PR175-84
EXHIBIT A
LOTS
A-1
520491v1 LMWPR175-84
EXHIBIT B
LOCATION OF THE SYSTEM
B-1
520491 v 1 LMW PR 175-84
EXHIBIT C
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Phone (952) 937-5150 12701 Whitewater Drive, Suite #300
Fax (952) 937-5822 Minnetonka, MN 55343
Toll Free (888) 937-5150
Phone (952) 937-5150 12701 Whitewater Drive, Suite #300
Fax (952) 937-5822 Minnetonka, MN 55343
Toll Free (888) 937-5150
Received April 2, 2018
Phone (952) 937-5150 12701 Whitewater Drive, Suite #300
Fax (952) 937-5822 Minnetonka, MN 55343
Toll Free (888) 937-5150
Phone (952) 937-5150 7699 Anagram Drive
Fax (952) 937-5822 Eden Prairie, MN 55344
Toll Free (888) 937-5150
Phone (952) 937-5150 7699 Anagram Drive
Fax (952) 937-5822 Eden Prairie, MN 55344
Toll Free (888) 937-5150
Phone (952) 937-5150 7699 Anagram Drive
Fax (952) 937-5822 Eden Prairie, MN 55344
Toll Free (888) 937-5150
Phone (952) 937-5150 7699 Anagram Drive
Fax (952) 937-5822 Eden Prairie, MN 55344
Toll Free (888) 937-5150
Phone (952) 937-5150 7699 Anagram Drive
Fax (952) 937-5822 Eden Prairie, MN 55344
Toll Free (888) 937-5150
Phone (952) 937-5150 7699 Anagram Drive
Fax (952) 937-5822 Eden Prairie, MN 55344
Toll Free (888) 937-5150
Phone (952) 937-5150 7699 Anagram Drive
Fax (952) 937-5822 Eden Prairie, MN 55344
Toll Free (888) 937-5150
Phone (952) 937-5150 7699 Anagram Drive
Fax (952) 937-5822 Eden Prairie, MN 55344
Toll Free (888) 937-5150
Phone (952) 937-5150 7699 Anagram Drive
Fax (952) 937-5822 Eden Prairie, MN 55344
Toll Free (888) 937-5150
Phone (952) 937-5150 7699 Anagram Drive
Fax (952) 937-5822 Eden Prairie, MN 55344
Toll Free (888) 937-5150
Phone (952) 937-5150 7699 Anagram Drive
Fax (952) 937-5822 Eden Prairie, MN 55344
Toll Free (888) 937-5150
Phone (952) 937-5150 7699 Anagram Drive
Fax (952) 937-5822 Eden Prairie, MN 55344
Toll Free (888) 937-5150
Phone (952) 937-5150 7699 Anagram Drive
Fax (952) 937-5822 Eden Prairie, MN 55344
Toll Free (888) 937-5150
·
·
·
*NOTE:
REFER TO FINAL LANDSCAPE PLANS FOR PLANT SELECTIONS AND SIZING.
STREET TREES SHOWN ON PLAN ARE FOR ILLUSTRATIVE PURPOSES ONLY, SUBJECT TO FIELD AND SITE
CONDITIONS, AND SHALL BE PLANTED IN A LOCATION THAT DOES NOT INTERFERE WITH CURBSTOPS, INDIVIDUAL
SEWER & WATER CONNECTION OR DRIVEWAY LOCATIONS.
Phone (952) 937-5150 7699 Anagram Drive
Fax (952) 937-5822 Eden Prairie, MN 55344
Toll Free (888) 937-5150
Phone (952) 937-5150 7699 Anagram Drive
Fax (952) 937-5822 Eden Prairie, MN 55344
Toll Free (888) 937-5150
Agenda Item: G.11
CITY OF HUGO
Memorandum
TO: Bryan Bear, City Administrator
FROM: Rachel Juba, Planner
SUBJECT: Washington County CDA Pre -development Grant Application. Recommend
approval of the submittal of the pre -development grant application
DATE: May 17, 2018, for the City Council Meeting of May 17, 2018
2. BACKGROUND:
Staff has discussed with various Commissions and the City Council about development of the
properties located around 1651h Street and Highway 61. These properties are guided as residential
and industrial in the Comprehensive Plan. Staff has received inquiries from property owners in
this area about how/when these properties will be served by municipal sewer and water. The
2030 Comprehensive Plan shows the properties being served with sanitary sewer along 1651h
Street and served by water from the south. The property owners have stated that it is difficult to
develop the properties without municipal sewer and water. Staff understands the difficulty on
serving the property with municipal sewer and water. This grant application would allow the City
to evaluate the existing sewer and water plan and possible alternatives to serving the properties.
This would include a cost analysis to help determine the feasibility of developing these
properties.
Washington County CDA recently provided an opportunity to apply for Pre -development Grants,
to cities, townships and local government development authorities located in Washington
County. These funds are intended to: 1) increase the availability of shovel ready properties in the
county; 2) provide opportunities for our existing businesses to stay and grow here in Washington
County; 3) spur new business development and job opportunities in the County; 4) provide
opportunities for business diversity; 5) increased commercial and industrial market values within
Washington County, and 6) assist with removing blighted properties.
The grant will allow the City to evaluate the following:
• Preliminary Concept for which the trunk infrastructure may be extended
• Preliminary wetland investigation
• Preliminary grading/stormwater evaluation with trunk stormwater pond evaluation
2018 Wash. Co. CDA Predevelopment Grant Application
Page 2
• Trunk sewer extension alternatives evaluation
• Trunk watermain extension alternatives evaluation
• Opinion of probable costs
Pre -development planning for this areas will help identify a number of key elements to facilitate
the development of this area.
The City is requesting $10,000 in grant funding for this project. The City must provide a 20%
($2,000) documented match to be made with cash.
7. RECOMMENDATION:
Recommend approval of the resolution authorizing submittal of the Washington County CDA
Pre -development Grant Application in the amount of $10,000.
Attachments:
a. Location Map
b. Wash. Co. CDA Pre -development Grant Funding Policy
c. Draft Resolution Authorizing an Application for Grant Funds
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13 WASHINGTON
COUNTY
Community
Development
Agency
7645 Currell Boulevard, Woodbury, MN 55125
office:651-458-0936 fax:651-458-1696
WASHINGTON COUNTY CDA PREDEVELOPMENT FINANCE FUND
POLICY AND GUIDELINES
I. Purpose:
To provide predevelopment grants to cities, townships and local government
development authorities located in Washington County. These funds are intended to: 1)
increase the availability of shovel ready properties in the county; 2) provide opportunities
for our existing businesses to stay and grow here in Washington County; 3) spur new
business development and job opportunities in the County; 4) provide opportunities for
business diversity; 5) increased commercial and industrial market values within
Washington County, and 6) assist with removing blighted properties.
Maximum Grant Awards and Matching Requirements:
a. There will be two levels of grant funding. The small pool will include a
lower level of funding of grants totaling less than $10,000. The large pool
will include grant amounts between $10,000 and $40,000.
b. Grant amounts may not exceed $40,000 per year, per city, and must be a
$1 to $1 (CDA funds to local funds) match for grants of $10,000 or more
and .20 cents local to every $1 of CDA funds match for grants of less than
$10,000.
c. Applicants may use non-public funds as local match. In -kind
contributions shall not be considered a match.
III. Eligible Applicants:
Eligible applicants include cities and townships located in Washington County, and/or
their duly created economic development organizations or authorities that are enabled
under Minnesota Statutes are eligible to apply.
IV. General Program Parameters and Application Requirements:
a. Applicants must consult with CDA Economic Development Director prior
to the submission of an application to determine if the proposed request
would meet the intent and the criteria of the program.
b. The required application form will be provided upon request; however, a
detailed project narrative must accompany the application and must
address the following items in order to proceed to scoring:
i. A description of the proposed activities for which the grant funds
will be utilized and a description of the expected development
including the anticipated types of businesses as a result of the
activities.
c
d
e
f.
9
ii. An analysis of how the proposed activities satisfy the criteria in
Section VI I, including an analysis of why the property is not likely
to develop through the normal private sector development process
without the requested CDA funding.
iii. A sources and uses spreadsheet identifying the expenditures/uses
anticipated, including the purpose of the requested funds, and
identifying all sources of funds to pay for the proposed work,
including the matching funds. It must be documented that the
matching funds will be used for eligible activities.
iv. A project timeline describing when the requested activities is
proposed to occur, the timeline of subsequent activities including,
the timeline of anticipated development and the expected type(s)
of development.
v. A description of how the development is consistent with policies
and strategies of the local community comprehensive and/or other
economic development plan.
vi. A description of the benefits to the city and the county, including
but not limited to, a description of total anticipated jobs, wages,
the amount of new jobs, the level of private investment, the
change in commercial and industrial market values, and
anticipated indirect economic benefits.
vii. A description of how anticipated development interacts with the
local economy, existing businesses and suppliers and the
accessibility to local talent), and whether the anticipated
development diversifies the economic base of the community.
viii. A description of the level of local commitment to the development
of the property, including an explanation of previous or pending
public meetings.
Submission of a supporting resolution from the governing body of the
jurisdiction (template provided below).
The Washington County CDA reserves the right to award all or a portion
of the funds requested.
Applications will be accepted on a continual pipeline basis until all
available funds have been exhausted.
The general operating costs of an applicant may not be funded through
this grant or be used to fulfil matching requirements.
Two pools of funds are available:
i. The "Small Pool" is for grants of less than $10,000 and is awarded
by the Washington County CDA Economic Development Director.
1. The application will be reviewed and ranked in the order in
which it was received. A minimum of 60 points must be
scored in order to be funded from the Small Pool.
ii. The "Large Pool" is for grants ranging from $10,000 to $40,000
and is awarded by the Washington County CDA Board of
Commissioners.
1. The application will be reviewed and ranked in the order in
which it was received. Applications for the Large Pool will
be processed for the next available Board meeting. A
minimum of 60 points must be scored in order to be funded
from the Large Pool.
2. Funds already expended on eligible activities within six
months of the date of application may be included in the
request and approved by the CDA Board.
Any CDA funded activities that are included in a MN Statutes Chapter 429
Assessment must be reimbursed to the Washington County CDA.
V. Eligible Activities:
a. The following activities are eligible for funding:
i. Environmental studies (including wetland studies, EAW, EIS and
AUAR studies, geotechnical, soil tests and feasibility studies)
ii. Site planning and design (including land use studies)
iii. Appraisals
iv. Survey work
v. Engineering studies including reports, drawings and water, sewer
and storm water feasibility studies
vi. TIF, Tax Abatement Analysis (i.e. TIF Plan) or other financial
incentives planning
vii. Other predevelopment activities as determined to be acceptable at
the discretion of the CDA Board of Directors.
b. It is anticipated that the above eligible activities will be aimed at
development or redevelopment of a blighted property, underutilized
property, creation or redevelopment of large acreage industrial/business
park, and/or difficult to develop or contaminated sites.
VI. Grant Distribution and Close Out:
a. Contracts must be executed and invoices or proof of payment submitted
to the CDA prior to release of any funds.
b. At the end of the grant period the grantee must provide a final report to
document:
i. All grant activities have been completed;
ii. All funds received must have been expended; and
iii. A description of the outcome and copy of the study or activity paid
for by CDA funds.
c. The Washington County CDA reserves the right to terminate the grant
agreement if the proposed project is not making adequate progress.
VII. Funding Priorities and Scoring System:
a. If the application is complete and demonstrates compliance with the intent
and the criteria of the program, applications will be reviewed and ranked
in the order in which it was received based on the following competitive
criteria:
Increase the Inventory of Commercial and Industrial Shovel
Ready/Developable Properties. The application clearly
demonstrates that development on the subject parcel(s) is not
imminent, and also demonstrates that the request will allow
development to occur that may not otherwise occur. [up to 20
Maximum Points]
Business Retention and Expansion. The application clearly
demonstrates that the request could allow for retention and/or
expansion of existing business. [up to 10 Maximum Points]
iii. Opportunity for Business Diversity. The application clearly
demonstrates that the request could provide for different types of
businesses to be located in the community thereby strengthening
the diversity of the existing economy. [up to 10 Maximum Points]
iv. Removes Blighted Properties. The application clearly
demonstrates that the request will aid in removing blighted
properties that may be hindering economic investment. [up to 10
Maximum Points]
v. Economic Benefit. The application clearly demonstrates the
potential future impact/benefit on the local economy, as measured
through factors including but not limited to growth and/or projected
growth in commercial and industrial value, property taxes, and/or
the potential for new and/or retained livable wage jobs. [up to 40
Maximum Points]
vi. Increased Leverage. The applicant provides local matching
contributions in excess of the minimum requirements for the large
pool grant and small pool request requirements. [up to 10
Maximum Points]
Applications must be submitted electronically on the forms provided by
the CDA and will be accepted on a pipeline basis beginning March 1,
2018. Applications must be submitted electronically (.pdf file preferred) by
email to the CDA Economic Development Director.
VII I. Grant Agreement:
a. CDA staff will work with the Applicant and enter into a Grant Agreement.
This agreement will detail the terms and conditions of the grant and allow
for the release of funds to the grant recipient.
b. The grant agreement will require funds to be spent no later than
December 31, 2019.
c. The Grant Agreement must be fully executed by both parties no later than
December 31, 2018.
d. Waivers and extensions to any provision in the agreement requested by
the grantee will be considered on a case by case basis depending on the
merits of the request.
e. Grants will be paid on a reimbursement basis. Grantees will be required
to submit quarterly/semi-annual progress reports to the CDA when
requested.
RESOLUTION 2018-
RESOLUTION AUTHORIZING SUBMITTAL OF AN APPLICATION FOR
FUNDING FROM THE WASHINGTON COUNTY CDA PREDEVELOPMENT
FINANCE FUND
WHEREAS, the City of has identified a proposed project within the City that meets the
Washington County Community Development Agency (CDA) Predevelopment Finance
Fund's purposes and criteria; and
WHEREAS, the City has established that the property in consideration has been zoned
and/or guided for future development accordingly and the proposed project is a high
priority of the city; and
WHEREAS, the City supports the proposed project scope of work and hereby supports
the application to the Predevelopment Finance Fund; and
WHEREAS, the City has the legal authority to apply for financial assistance; and
WHEREAS, the City is supportive of enhancing economic development opportunities
that will serve to create jobs, enhance the tax base and improve the lives of Washington
County residents.
NOW THEREFORE BE IT RESOLVED that the City of approves the application for
funding from the Washington County CDA Predevelopment Finance Fund.
BE IT FURTHER RESOLVED that upon approval of its application to the Washington
County CDA, the City hereby authorizes its Planner to execute such agreements as are
necessary to receive and use the funding for the proposed project.
ADOPTED by the City Council on May 21, 2018
Tom Weidt, Mayor
ATTEST:
Michele Lindau, City Clerk
H.l
STATE OF MINNESOTA
COUNTY OF RAMSEY
White Bear Lake Restoration Association, ex
rel. State of Minnesota,
Plaintiff -Respondent,
White Bear Lake Homeowners' Association,
Inc., ex rel. State of Minnesota,
Plaintiff -Intervenor -
Respondent,
vs.
Minnesota Department of Natural Resources,
and Thomas J. Landwehr, in his capacity as
Commissioner of the Minnesota Department
of Natural Resources,
Defendants -Appellants,
Town of White Bear and City of White Bear
Lake,
Defendants -Intervenors.
TO: Clerk of Appellate Courts
305 Minnesota Judicial Center
25 Rev. Dr. Martin Luther King Jr. Blvd.
Saint Paul, MN 55155
DISTRICT COURT
SECOND JUDICIAL DISTRICT
Case Type: Civil Other/Misc.
MINNESOTA DEPARTMENT
OF NATURAL RESOURCES'
NOTICE OF APPEAL
DISTRICT COURT CASE NO.:
62-CV-13-2414
DATE OF JUDGMENT:
Aug. 30, 2017
DATE OF POST -TRIAL ORDER:
March 29, 2018
PLEASE TAKE NOTICE that the Minnesota Department of Natural Resources and its
Commissioner Thomas J. Landwehr ("DNR") appeal to the Court of Appeals for the State of
Minnesota from: (1) the order of the court filed on August 30, 2017, (2) the court's judgment of
October 4, 2017, (3) the court's order of March 29, 2018 denying DNR's motion to amend the
order of August 30, 2017 and judgment of October 4, 2017, (4) the court's order of March 29,
2018 denying DNR's motion to stay enforcement of its judgment pending appeal; (5) the court's
order of September 11, 2013 denying DNR's motion to dismiss; and (6) the court's order of
August 29, 2014 denying DNR's motion for summary judgment; and any other related orders.
Attorneys for the DNR:
OFFICE OF THE ATTORNEY GENERAL
State of Minnesota
Oliver J. Larson
Assistant Attorney General
(651) 757-1265
oliver.larson@ag.state.mn.us
Colin O'Donovan
Assistant Attorney General
(651) 757-1026
445 Minnesota Street, Suite 900
St. Paul, Minnesota 55101-2134
Attorneys for Defendant-Intervenors:1
Counsel to Defendant -Intervenor White Bear
Township
Patrick J. Kelly
Chad Lemmons
Kelley & Lemmons
223 Little Canada Road East, Suite 200
Little Canada MN 55117
651-224-3781
hkellv_(r i kellyandlemmons.com;
chadlemmons(ii,ikellvandlemmons. com
Counsel to Defendant -Intervenor Citv of White
Bear Lake
Monte Mills
Greene Espel Law Firm
222 South Ninth Street Suite 2200
Minneapolis, MN 55402
612-373-8363
mmills(a {.,reeneespel.com
Attorneys for Plaintiffs -Respondents:
Counsel to Respondent White Bear Lake
Restoration Association
Michael V. Ciresi (#16949)
Katie Crosby Lehmann (#257357)
Heather M. McElroy (434168X)
CIRESI CONLIN LLP
225 South 6th Street, Suite 4600
Minneapolis, MN 55402
612-361-8200
MVC(fi, CiresiConlin.com;
KCL(d.� CiresiConlin.com;
HMMO CiresiConlin.com
Counsel to Respondent White Bear Lake
Restoration Association
Richard B. Allyn (#1338)
ROBINS KAPLAN LLP
2800 LaSalle Plaza
800 LaSalle Avenue
Minneapolis, MN 55402-2015
612-349-8500
rallvnwu robinskaplan.com
Counsel to Resrondent White Bear Lake
Homeowners' Association. Inc.
Byron E. Starns, Esq. (#104486)
Daniel L. Scott, Esq. (240837)
STINSON LEONARD STREET LLP
150 South Fifth Street, Suite 2300
Minneapolis, Minnesota 55402
612-335-1500
Bffon.Starns(a stinson.com_
Daniel. Scott@stinson.com
1 The Defendant -Intervenors White Bear Township and the City of White Bear Lake are
separately represented and not covered by this notice of appeal.
2
Dated: May 11, 2018 Respectfully submitted,
OFFICE OF THE ATTORNEY GENERAL
State of Minnesota
/s/ Oliver J. Larson
MAX H. KIELEY
Assistant Attorney General
Atty. Reg. No. 0389363
OLIVER J. LARSON
Assistant Attorney General
Attorney Reg. No. 0392946
COLIN P. O'DONOVAN
Assistant Attorney General
Atty. Reg. No. 0396349
445 Minnesota Street, Suite 900
St. Paul, Minnesota 55101-2127
(651) 757-1265 (Voice)
(651) 297-4139 (Fax)
colin.odonovan@ag.state.mn.us
ATTORNEYS FOR DEFENDANT
MINNESOTA DEPARTMENT OF
NATURAL RESOURCES AND
THOMAS J. LANDWEHR
3
STATE OF MINNESOTA
IN COURT OF APPEALS
CASE TITLE:
White Bear Lake Restoration Association, STATEMENT OF THE CASE OF
ex rel. State of Minnesota, DEFENDANTS -APPELLANTS
DNR AND ITS COMMISSIONER
Plaintiff -Respondent,
White Bear Lake Homeowners' Association,
Inc., ex rel. State of Minnesota,
Plaintiff -Intervenor -
Respondent,
ky
Minnesota Department of Natural
Resources, and Thomas J. Landwehr, in his
capacity as Commissioner of the Minnesota
Department of Natural Resources,
Defendants -Appellants,
Town of White Bear and City of White Bear
Lake,
Defendants -Intervenors.
DISTRICT COURT CASE NUMBER:
62-CV-13-2414
APPELLATE COURT CASE
NUMBER:
1. Court or agency of case origination and name of presiding judge or hearing
officer.
The Ramsey County District Court, Honorable Judge Margaret M. Marrinan
presiding.
2. Jurisdictional Statement
(A) Appeal from district court.
Statute, rule or other authority authorizing appeal:
Minn. R. Civ. App. P. 103.01.
Date of entry of judgment or date of service of notice of filing of order from which
appeal is taken:
The Minnesota Department of Natural Resources and its Commissioner
(collectively "DNR"), appeal the district court's October 4, 2017 judgment and all
related decisions, including the court's September 11, 2013 order denying the
DNR's motion to dismiss; August 29, 2014 order denying the DNR's motion for
summary judgment; August 30, 2017 findings of fact, conclusions of law, and
order; and March 29, 2018 order denying the DNR's post -trial motions to amend
the court's judgment and enter a stay of the judgment pending appeal.
Authority fixing time limit for filing notice of appeal (specify applicable rule or
statute):
Minn. R. Civ. App. P. 104.01, subds. 1-2, which provides 60 days from service by
a party of the order disposing of the last post -decision motion.
Date of filing any motion that tolls appeal time:
Pursuant to Minn. R. Civ. App. P. 104.01, subd. 2, the DNR filed a timely post -
trial motion to amend findings and to grant a new trial on October 5, 2017, which
tolled the time to appeal until resolution of the motions through the district court's
March 29, 2018 order.
Date of filing of order deciding tolling motion and date of service of notice of
filing:
On March 29, 2018, the district court filed an order denying the DNR's post -trial
motions. On March 30, 2018, plaintiffs' counsel served a notice of filing of that
order on the DNR.
(B) Certiorari appeal.
Not applicable.
(C) Other appellate proceedings.
Not applicable.
(D) Finality of order or judgment.
Does the judgment or order to be reviewed dispose of all claims by and against all
parties? Yes (X ) No ()
Note: The Court entered an order denying attorneys' fees in a separate order
dated April 23, 2018, which the DNR is not appealing.
2
3
0
State type of litigation and designate any statutes at issue.
This case is a civil action regarding the DNB's issuance of permits to
municipalities to appropriate groundwater. Statutes and rules at issue include:
• Minn. Stat. §§ 116B.03,
• Minn. Stat. § 103G.211
• Minn. Stat. § 103G.285
• Minn. Stat. § 103G.287
• Minn. Stat. § 555.11
• Minn. R. 6115.0670
04, .10 (Minnesota Environmental Rights Act)
Brief description of claims, defenses, issues litigated, and result below.
White Bear Lake is a 2400-acre lake located in Washington and Ramsey counties.
The plaintiffs allege that groundwater pumping by municipalities for public water
supply near White Bear Lake is adversely affecting its elevation. The plaintiffs
sued the DNR, seeking various injunctive relief and a declaration that the DNR
violated the public trust doctrine and the Minnesota Environmental Rights Act
("MERA") by issuing the groundwater appropriation permits that authorize the
municipalities' pumping.
The DNR moved to dismiss the plaintiffs' complaint on the bases that: (1) the
plaintiffs failed to join the affected municipalities as necessary parties; (2) the
plaintiffs were proceeding under an inapplicable section of MERA; (3) the
plaintiffs could not state a cause of action under the public trust doctrine for the
conduct alleged; and (4) the plaintiffs' requested relief violated principles of
separation of powers, and presented a non justiciable issue. The district court
denied all elements of the DNR's motion to dismiss.
The case proceeded to a three week trial in March 2017. The parties litigated
numerous issues, including: (1) whether groundwater pumping was having an
adverse impact on White Bear Lake; (2) the relative influence of groundwater
pumping in comparison to other causes of the lake's elevation decline; (3) whether
DNR had violated any applicable law or rule with respect to the permits; (4) the
municipalities' access to alternative sources of water; (5) the municipalities'
conservation measures; (6) the efforts of DNR and others to study and determine
the causes of the lake's elevation decline; and (7) DNR's efforts to manage
groundwater use in the northeast metropolitan area.
The district court entered judgment against the DNR, holding that DNR's failure
to reopen and amend the appropriation permits to mandate reductions in
groundwater pumping by permit holders violated MERA, applicable statutes and
rules governing groundwater withdrawals, and the public trust doctrine. The court
3
entered an injunction requiring DNR to, among other things, open and amend all
groundwater permits within five miles and require the permit holders to include an
enforceable plan to reduce per capita use to limits set by the court, design systems
to convert to surface water sources, and implement and enforce a residential
watering ban whenever the lake's elevation falls below 923.5 feet. The order also
precluded DNR from increasing the volume of or issuing any new permits drawing
from the Prairie du Chien and Jordan aquifers within five miles of White Bear
Lake until certain conditions are met.
DNR filed a post -trial motion to amend the court's judgment. On March 29, 2018
the district court denied DNR's motion to amend.
5. List specific issues proposed to be raised on appeal.
I. Whether the non-party municipalities whose permits the district court
ordered DNR to modify were necessary parties to the litigation.
II. Whether section 3 of MERA allows a party to sue a state agency for issuing
a permit the party believes is inadequate to protect the public interest, or
whether such claims must be brought pursuant to section 10, which limits
the available relief to remanding the challenged permit to the agency for
further proceedings.
III. Whether MERA requires a state agency to reopen permits to retroactively
apply statutes adopted after the permits were issued.
IV. Whether the public trust doctrine requires the DNR to refrain from issuing
any groundwater permits, even for municipal use, if the permit may have an
impact on the elevation of the State's public waters.
V. Whether district courts have jurisdiction to amend the terms of a lake's
protective elevation set by DNR, or whether review of DNR's decision is
limited to a certiorari appeal.
VI. Whether the district court's numerous factual errors require reversal of its
decision.
6. Related appeals.
None.
7. Contents of record.
Is a transcript necessary to review the issues on appeal? Yes (X ) No ( )
El
If yes, full (X) or partial ( ) transcript?
Has the transcript already been delivered to the parties and filed with the district
court administrator? Yes O No (X)
If not, has it been ordered from the court reporter? Yes () No (X)
If a transcript is unavailable, is a statement of the proceedings under Rule 110.03
necessary? Yes () No(X)
In lieu of the record as defined in Rule 110.01, have the parties agreed to prepare a
statement of the record pursuant to Rule 110.04? Yes ( ) No (X)
8. Is oral argument requested? Yes (X) No ()
If so, is argument requested at a location other than that provided in Rule 134.09,
subd. 2? Yes () No (X)
9. Identify the type of brief to be filed.
Formal brief under Rule 128.02. (X)
R
J
10. Names, addresses, telephone numbers and e-mail addresses of counsel for the
parties:
Counsel to Defendants -Appellants DNR and its Commissioner
OFFICE OF THE ATTORNEY GENERAL
State of Minnesota
Oliver J. Larson, Assistant Attorney General (#0392946)
Colin P. O'Donovan, Assistant Attorney General (#0396349)
445 Minnesota Street, Suite 900
St. Paul, MN 55101-2127
Telephone: (651) 757-1265
Fax: (651) 297-4139
oliver.larson(cx!ag.state.mn.us; colin.odonovan((r.;at.state.mn.us:
Counsel to Plaintiff -Respondent White Bear Lake Restoration Association
Michael V. Ciresi (#16949)
Katie Crosby Lehmann (#257357)
Heather M. McElroy (#34168X)
CIRESI CONLIN LLP
225 South 6th Street, Suite 4600
Minneapolis, MN 55402
612-361-8200
MVC(ii CiresiConlin.com; KCL(ZtCiresiConlin.com; HMMiri CiresiConlin.com
Counsel to Plaintiff- Respondent White Bear Lake Restoration Association
Richard B. Allyn (#1338)
ROBINS KAPLAN LLP
2800 LaSalle Plaza
800 LaSalle Avenue
Minneapolis, MN 55402-2015
612-349-8500
rallyn(u;robinskaplan.com
Counsel to Plaintiff -Intervenor -Respondent White Bear Lake Homeowners'
Association. Inc.
Byron E. Starns, Esq. (# 104486)
Daniel L. Scott, Esq. (#240837)
STINSON LEONARD STREET LLP
150 South Fifth Street, Suite 2300
Minneapolis, Minnesota 55402
612-335-1500
Byron.Starn a stinson.com; Daniel. Scott(a- stinson.com
1*1
Counsel to Defendant -Intervenor White Bear Township
Patrick J. Kelly (#0054823)
Chad Lemmons (#0125039)
Kelley & Lemmons
223 Little Canada Road East, Suite 200
Little Canada MN 55117
651-224-3781
hkelly ca?kellvandlemmons.com; chadlemmons(a—� kellyandlemmons.com
Counsel to Defendant -Intervenor Citr of White Bear Lake
Monte Mills (#030458X)
Greene Espel Law Firm
222 South Ninth Street Suite 2200
Minneapolis, MN 55402
612-373-8363
mmillsr'o ,{_reeneespel.com
Dated: May 11, 2018 Respectfully submitted,
OFFICE OF THE ATTORNEY GENERAL
State of Minnesota
/s/ Oliver J. Larson
OLIVER J. LARSON
Assistant Attorney General
Atty. Reg. No. 0392946
COLIN P. O'DONOVAN
Assistant Attorney General
Atty. Reg. No. 0396349
445 Minnesota Street; Suite 900
St. Paul, Minnesota 55101-2127
(651) 757-1244 (Voice)
(651) 297-4139 (Fax)
max.kielev � cr�at! . state. mn.us
oliver.larsongi ap.state.mn.us
colin.odonovami a�_). state. mn.us
ATTORNEYS FOR APPELLANTS -
DEFENDANTS MINNESOTA DEPARTMENT
OF NATURAL RESOURCES AND ITS
COMMISSIONER
7
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