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2023.09.05 Packet
A. CALL TO ORDER B. ROLL CALL C. PLEDGE OF ALLEGIANCE D. APPROVAL OF MINUTES 1. August 21, 2023, Council Meeting E. APPROVAL OF AGENDA F. APPOINTMENTS/PRESENTATIONS 1. Metropolitan Council Representative Gail Cederberg 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 Building Official Joel Hoistad 3. Approve Annual Performance Review for City Clerk Michele Lindau 4. Approve Resignation of Public Works Worker Paul Christianson 5. Approve Authorization to Advertise for Vacant Public Works Worker Position 6. Approve Resignation of EDA Member Mike Roberts 7. Approve Resolution Approving Variance for 14320 Grantaire Lane for Side Yard Setback Encroachment for Window Wells 8. Approve Resolution Approving Final Plat and Development Agreement for The Shores of Oneka Lake 2nd Addition 9. Approve Resolution Approving Minor Subdivision for Heidi Harvieux – property on Jody Avenue North 10. Approve Pay Request No. 1 from Arnt Construction for 159th St/TH61 Improvements 11. Approve Resolution Approving Encroachment Agreement for 13129 Geneva Avenue North – Hallberg Mayor: Tom Weidt Councilmembers: Becky Petryk, Ward 1 Phil Klein, Ward 2 Dave Strub, Ward 3 Mike Miron, Council at Large City Council Agenda Tuesday, September 5, 2023 Address: 14669 Fitzgerald Ave. N. Hugo, MN 55038 Phone: 651-762-6300 Website: www.ci.hugo.mn.us H. PUBLIC HEARING 1. Nothing Scheduled I. UNFINISHED BUSINESS 1. Nothing Scheduled J. NEW BUSINESS 1. Nothing Scheduled K. VISITOR PRESENTATIONS 1. Nothing Scheduled L. COUNCIL PRESENTATIONS 1. Nothing Scheduled M. ADMINISTRATIVE PRESENTATIONS 1. Schedule Northern Environmental Center Groundbreaking Tuesday, September 12, 2023 2. Reminder-HBA Breakfast on Tuesday, September 12, 2023 3. Reminder-Dream of Wild Health Anniversary Celebration on Friday, September 15, 2023 N. ADJOURNMENT BACKGROUND MEMO FOR THE CITY COUNCIL MEETING ON SEPTEMBER 5, 2023 D.1 Approval of Minutes for the August 21, 2023, Council Meeting Staff recommends Council approve the minutes for the City Council meeting held on August 21, 2023, as presented. F.1 Metropolitan Council Representative Gail Cederberg In early March, Governor Tim Walz appointed Gail Cederberg as the District 11 Representative on the Metropolitan Council. District 11 covers a large portion of Washington County including the City of Hugo. Gail will introduce herself to the Council and answer questions. G. 1 Approval of Claims Staff recommends Council approve the Claims Roster as presented. G.2. Approve Performance Review for Building Official Joel Hoistad Joel Hoistad was hired on September 14, 2020, as the new building. Staff recommends Council approve the Annual Performance Review for Building Official Joel Hoistad. G.3 Approve Annual Performance Review for City Clerk Michele Lindau Michele Lindau was hired by the City of Hugo as a part time employee in 1997 and approved as a full-time employee on May 1, 1999. On January 1, 2008, Michele became the new City Clerk. City Administrator Bryan Bear recommends Council approve the annual performance review for City Clerk Michele Lindau. G.4 Approve Resignation of Public Works Worker Paul Christianson Paul Christianson was hired as a Public Works Worker on September 27, 2004. Paul has submitted his letter of resignation. Public Works Director Scott Anderson recommends Council approve the letter of resignation from Public Works Worker Paul Christianson effective September 8, 2023. G.5 Approve Authorization to Advertise for Vacant Public Works Worker Position Public Works Director Scott Anderson recommends advertising for the vacant public works worker position and scheduling interviews as appropriate. G.6 Approve Resignation of EDA Member Mike Roberts At its February 1, 2021, meeting, Council appointed Mike Roberts to the EDA. Mike has submitted his letter of resignation. Staff recommends Council approve the letter of resignation effective immediately. G7 Approve Resolution Approving Variance for 14320 Grantaire Lane for Side Yard Setback Encroachment for Window Wells Nick Heinle, Prairie Homes, LLC, is requesting a variance to allow window wells to encroach 3 feet, 8 inches into the required side yard setback, where 2 feet is allowed by ordinance. The two window wells are generally located on the north and south side of the house. At its August 24, 2023, meeting the Board of Zoning held a public hearing and considered the request. There was only the applicant at the public hearing to speak. Staff outlined the variance approval criteria and staff recommended approval of the variance request. The Board agreed that due to the unusual circumstances that led to the construction of the window wells, there are practical difficulties in meeting the ordinance standard. They unanimously recommended approval of the variance request to the City Council. G.8 Approve Resolution Approving Final Plat and Development Agreement for The Shores of Oneka Lake 2nd Addition M/I Homes is requesting approval of a final plat for The Shores of Oneka Lake 2nd Addition. The City Council reviewed and approved the preliminary plat and PUD for The Shores of Oneka Lake at its June 6, 2022, meeting. This request will plat 14 lots for the second phase of the development. The lots meet the minimum lot standards and requirements outlined in the regulations for The Shores of Oneka Lake PUD. Staff recommends approval the resolution approving the Final Plat and Development Agreement for The Shores of Oneka Lake 2nd Addition. G.9 Approve Resolution Approving Minor Subdivision for Heidi Harvieux – property on Jody Avenue North Heidi Harvieux is requesting a minor subdivision of a 40-acre parcel located on Jody Avenue North into a 30-acre parcel and a 10-acre parcel. At its August 24, 2023 meeting the Planning Commission held a public hearing, and unanimously recommended approval of the minor subdivision. Staff is recommending approval of the resolution approving a minor subdivision for property located on Jody Avenue North. G.10 Approve Pay Request No. 1 to Arnt Construction for the TH61/159th Street Roundabout Improvement Project Arndt Construction Company has submitted Pay Voucher No. 1 in the amount of $514,715.63 for work certified through August 31, 2023, on the TH61/159th Street Roundabout Improvement Project. The temporary bypass lane has been constructed and existing roadway removals are currently underway. Staff recommends Council approve payment to Arndt Construction Company in the amount of $514,715.63. G.11 Approve Resolution Approving Encroachment Agreement for 13129 Geneva Avenue North – Hallberg Austin and Lauren Hallberg have requested an encroachment agreement to construct a fence within a drainage and utility easement on property located at 13129 Geneva Avenue North. The Senior Engineering Technician has reviewed the location of the fence and is comfortable with the request. Staff is recommending approval of the resolution approving an encroachment agreement for 13129 Geneva Avenue North. M.1 Schedule Northern Environmental Center Groundbreaking Tuesday, September 12, 2023 The Washington County Board of Commissioners has invited Council to attend the Groundbreaking Ceremony for the new Northern Environmental Center. The event will take place on Tuesday, September 12, 2023, at 2:30 p.m. at their new location at 20001 Forest Boulevard North. Staff recommends Council schedule a meeting to attend the event. M.2 Reminder-HBA Breakfast on Tuesday, September 12, 2023 Council has scheduled a meeting to attend the Hugo Area Business Association Breakfast with the Mayor on Tuesday, September 12, 2023, from 7:30 – 9 a.m. at the Blue Heron M.3 Reminder-Dream of Wild Health Anniversary Celebration on Friday, September 15, 2023 Council has scheduled a meeting to attend the Dream of Wild Health 25th Anniversary Celebration on Friday, September 15, 2023, from 2:00-4:00 pm at their farm at 16085 Jeffrey Ave N. N. Adjournment MINUTES City Council Meeting City Hall Council Chambers Monday, August 21, 2023 7:00 p.m. Call to Order Mayor Weidt called the meeting to order at 7:00 p.m. Roll Call COUNCIL PRESENT: Klein, Miron, Petryk, Strub, Weidt COUNCIL ABSENT: None OTHERS PRESENT: City Administrator Bryan Bear, City Engineer Mark Erichson, Community Development Director Rachel Juba, City Clerk Michele Lindau Approval of Minutes for the City Council Meeting on August 7, 2023 Petryk made motion, Klein seconded, to approve the minutes for the City Council meeting held on August 7, 2023, as presented. All Ayes. Motion carried. Approval of Agenda Klein made motion, Miron seconded, to approve the agenda as presented. All Ayes. Motion carried. 1. Approve Claims Roster 2. Approve Resolution Approving Minor Subdivision for 8860 152nd Street North- Gadbois 3. Approve Resolution Approving Encroachment Agreement for 4599 Empress Way North – Carlson and Barton 4. Approve Pay Request No. 1 to Northwest Asphalt, Inc. for the Birch Tree Ponds Street Improvement Project 5. Approve Reduction in Letter of Credit for the Shores of Oneka Lake 6. Approve 2023 Master Plan for Bernin Park 7. Approve Proposal from WSB and Associates to Draft Construction Documents for Bernin Park 8. Approve Construction of City Trail with Rice Lake Reserve 3rd Addition All Ayes. Motion carried. Approval of Claims Adoption of the Consent Agenda approved the Claims Roster as presented. Council Meeting Minutes for August 21, 2023 Page 2 of 5 Approve Resolution Approving Minor Subdivision for 8860 152nd Street North-Gadbois Joseph and Lisa Gadbois had applied for a minor subdivision of their 20-acre parcel at 8860 152nd Street North into two 10-acre parcels. At its August 10, 2023, meeting, the Planning Commission held a public hearing and unanimously recommended approval of the minor subdivision. Adoption of the Consent Agenda approved RESOLUTION 2023-24 APPROVING A MINOR SUBDIVISION FOR JOSEPH AND LISA GADBOIS FOR PROPERTY LOCATED AT 8860 152ND STREET NORTH. Approve Resolution Approving Encroachment Agreement for 4599 Empress Way North- Carlson and Barton Ashley Carlson and Daniel Barton had applied for an encroachment agreement to construct a fence and landscaping within a drainage and utility easement on property located at 4599 Empress Way North. The Senior Engineering Technician had reviewed the location of the fence and landscaping and was comfortable with the request. Adoption of the Consent Agenda approved RESOLUTION 2023-25 APPROVING AN ENCROACHMENT AGREEMENT TO ALLOW CONSTRUCTION OF A FENCE AND LANDSCAPING WITHIN A DRAINAGE AND UTILITY EASEMENT ON THE PROPERTY LOCATED AT 4599 EMPRESS WAY NORTH. Approve Pay Request No. 1 to Northwest Asphalt, Inc. for the Birch Tree Ponds Street Improvement Project Northwest Asphalt, Inc. had submitted Pay Request No. 1 in the amount of $565,577.05 for work certified through July 31, 2023, on the 2023 Birch Tree Ponds Street Improvement Project. All underground utility work and the concrete work had been completed at this time. Adoption of the Consent Agenda approved payment to Northwest Asphalt, Inc. in the amount of $565,577.05. Approve Reduction in Letter of Credit for the Shores of Oneka Lake The Shores of Oneka Lake Project had substantial work completed to date and M/I Homes of Minneapolis/St. Paul, LLC had requested a reduction in the letter of credit. The current letter of credit for the Shores of Oneka Lake Project was in the amount of $4,450,403. Staff had inspected the work completed to date and recommended approval. Adoption of the Consent Agenda approved the reduction in the letter of credit to $1,210,008 based on the value of work remaining to be completed. Approve 2023 Master Plan for Bernin Park At the meeting of March 20, 2023, Council authorized WSB to update the master plan graphics for a passive park at 6450 Greene Avenue North. The property was purchased in 2002 from the Bernin family who leased it back until 2022. In 2004, a master plan was developed for the future passive park that included paved and natural trails, lake overlooks, a small parking lot, and a fishing pier. A community meeting was held on June 27, 2023 to review the updated plan. The feedback from residents led to a minor change in the alignment of the southernmost trail. At their meeting of August 16, 2023, the Parks Commission reviewed the master plan for Bernin Park and recommended approval. Adoption of the Consent Agenda approved the 2023 Master Plan for the Bernin Park property. Council Meeting Minutes for August 21, 2023 Page 3 of 5 Approve Proposal from WSB and Associates to Draft Construction Documents for Bernin Park At their meeting of August 16, 2023, the Parks Commission reviewed a proposal from WSB and Associates for final design and construction administration of Bernin Park. The Bernin Park master plan included a small parking lot, fishing pier, and paved and natural trails. The WSB proposal included design development, cost estimating, surveys, and preparation of construction documents. The Parks Commission intended to use this to apply for grants to help fund construction. The WSB proposal also included bidding, construction administration and surveying which may be needed at a later date. The Parks Commission recommended approval of the proposal. Adoption of the Consent Agenda approved the proposal from WSB for the Bernin Park final design and construction administration totaling $73,000. Approve Construction of a City Trail on CSAH The Council approved Rice Lake Reserve Third Addition at their meeting on May 1, 2023, which included a road connection and turn lanes on CSAH 8. Staff had been working with M/I Homes to include construction of a trail on the north side of CSAH 8 which would connect the development to Hanifl Fields Athletic Park. The developer had proposed to construct an 8’ bituminous trail at an estimated cost of $30,000-$35,000. The trail would connect to the west drive way to the WBLAS Maintenance Facility utilizing a trail easement that the city retained. In the future, the City could construct an additional trail within the park property for further pedestrian connectivity. At their meeting of August 16, 2023, the Parks Commission discussed the importance of the trail connection in Hugo’s trail system. They were supportive of using Special Park Funds to reimburse the developer to ensure its construction, but it was not included in their current Parks CIP. The Parks Commission recommended approval of the trail. Adoption of the Consent Agenda approved construction of a City trail on CSAH 8 between Greystone Avenue North and Hanifl Fields Athletic Park and reimbursement to the developer for its construction. Approve Job Description and Advertisement for Full-Time Fire Chief At its July 10, 2023, Council meeting, staff was directed to create a full-time fire chief position and come back to Council with a position profile, job description, and salary wage. City Administrator Bryan Bear explained this would be the first full-time fire chief in Hugo to lead the paid-on-call department. The chief would serve as a first responder and perform all duties involved in running a fire department while maintaining the current culture of the department. Proposed minimum qualifications included a high school diploma, degree in fire science or demonstrated knowledge, minimum three years officer experience, completion of firefighter and officer training, and residency with a 20-mile radius of the department. He explained the qualifications were not as strict as other departments because it was intended to encourage a wide range of applicants, including internal candidates. The proposed salary ranged from $114,925-$149,716 with benefits that included the standard City benefits package. By state law, they would also be enrolled in the police and fire pension plan which would be an extra cost to the City, but there would be no social security deductions. He proposed a process to encourage internal candidates to apply and to also advertise for external qualified applicants. He said staff could do the first-round interviews with all qualified candidates, and the Council could participate with finalists’ interviews. If the entire Council Council Meeting Minutes for August 21, 2023 Page 4 of 5 participated, it would be an open meeting under the Open Meeting Law, or it could be a subgroup of the Council. Miron asked how the salary range was created. Bear explained a salary comparison was done with similar communities and same size cities, but departments were very different due to functions. Council discussed who should be involved in the interviews. Klein suggested just the two council members that were on the initial committee. All agreed committee members would be the most familiar with past discussions and needs of the department. Bear clarified that staff would review the applications and, depending on how many, hold the first round of interviews. Becky made motion, Klein seconded, to approve the position profile and job description for a new full time fire chief. All Ayes. Midyear Budget Workshop on Wednesday, August 30, 2023 City Administrator Bryan Bear reminded Council they had scheduled the Midyear Budget Workshop for Wednesday, August 30, 2023, at 5 p.m. in the Hugo Council Chambers. Reschedule Monday, September 4 to Tuesday, September 5, 2023 The first regular Council meeting in September on September 4 fell on the Labor Day holiday. City Administrator Bryan Bear recommended Council reschedule the meeting to Tuesday, September 5, 2023. Weidt made motion, Klein seconded, to reschedule the September 4 meeting to September 5, 2023. All Aye. Motion carried. Dream of Wild Health 25th Anniversary Celebration of September 15, 2023 City Administrator Bryan Bear informed Council the Dream of Wild Health had invited them to attend their 25th Anniversary Celebration on Friday, September 15, 2023, from 2:00-4:00 PM at their farm at 16085 Jeffrey Ave N. Klein made motion, Petryk seconded, to schedule the Dream of Wild Health Celebration as a meeting of the Council. All Ayes. Motion carried. Council Meeting Minutes for August 21, 2023 Page 5 of 5 HBA Breakfast with the Mayor on Tuesday, September 12, 2023 City Administrator Bryan Bear informed the Council the Hugo Area Business Association would be holding a Business Breakfast with the Mayor on Tuesday, September 12, 2023 at the Blue Heron from 7:30 - 9 a.m. Klein made motion, Miron seconded, to schedule the HBA Business Breakfast on September 12, 2023 as a meeting of the Council. All Ayes. Motion carried. Adjournment Klein made motion, Strub seconded, to adjourn at 7:21 p.m. All Ayes. Motion carried. Respectfully Submitted, Michele Lindau, City Clerk City of Hugo Claims September 5, 2023 G. 1 Vendor Invoice Amount Description Department Albertson Construction Inc 45 7,500.00$ Apparatus Bay Flooring Repairs Fire Dept Allina Health System CI00039562 550.00$ EMR Initial Course - C. Albertson Fire Dept Allina Health System CI00039562 550.00$ EMR Initial Course - T. Robinson Fire Dept Allina Health System CI00039562 550.00$ EMR Initial Course - J. Verplaetse Fire Dept Allstream 19781499 74.52$ Fax Line Administration Anderson, Scott CLAIM 13.70$ Pest Control Supplies (Walmart) Public Works B & B Commercial Coating LLC 1044 15,340.00$ Fire Hydrant Painting (118) Water Utility Bound Tree Medical LLC 85063555 104.98$ Medical Supplies Fire Dept Bound Tree Medical LLC 85063556 49.08$ Medical Supplies Fire Dept Cardio Partners Inc INV3242632 951.44$ AED Batteries (Donation Monies) Fire Dept Cardio Partners Inc INV3242632 276.43$ AED Cardiac Science Pads (Donation Monies) Fire Dept Cardio Partners Inc INV3245563 146.36$ AED Cabinet - Hanifl (Donation Monies) Fire Dept Century Link 651 429-3212 70.46$ Fire Station Phone Lines Fire Dept Comcast 8/12/2023 25.21$ Business Cable (thru September 21) Administration Comcast 8/18/2023 163.32$ Business Internet (thru Sept 27) Fire Dept Custom Fire Apparatus Inc 0022668-IN 40.95$ Parts - Unit #7102-04 Fire Dept Emergency Apparatus Maintenance Inc 128870 188.96$ Repairs - Unit #7104-18 Fire Dept GearGrid Corporation 0023331-IN 689.00$ Hardware - Gear Lockers Fire Dept Hiperline 1352 17,737.20$ Catch Basin & Manhole Lining System Stormwater Fund Hisdahl Inc 17790 30.00$ Par Tag Engraving Fire Dept Hotsy Equipment of Minnesota 18202 1,064.09$ Bulk Soap for Washbay Public Works Kath Fuel Oil Service Co. 780435 4,535.50$ Bulk Lubricants Public Works Kieffer, Rick CLAIM 84.80$ Rain Boot Reimbursement Street Dept Kieffer, Rick CLAIM 49.00$ Pest Control Supplies (Amazon) Parks Dept Kieffer, Rick CLAIM 33.20$ Cell Phone Accessories (Amazon) Street Dept Knife Lake Concrete Inc 992302.2 5,978.75$ 2023 Misc Concrete Work Street Dept Lindau, Michele CLAIM 44.97$ Canva Subscription (June-August) Administration LRE Water 23896D 2,365.55$ Expert Services - WB Lake Restoration Litigation General Legal LRS Portables of Minnesota MP231346 138.00$ Toilet Rental - Oakshore Park Parks Dept LRS Portables of Minnesota MP231347 138.00$ Toilet Rental - Oneka Park Parks Dept LRS Portables of Minnesota MP231348 138.00$ Toilet Rental - Beaver Ponds Park Parks Dept LRS Portables of Minnesota MP231349 138.00$ Toilet Rental - Diamond Point Park Parks Dept LRS Portables of Minnesota MP231350 138.00$ Toilet Rental - Frog Hollow Parks Dept LRS Portables of Minnesota MP231351 552.00$ Toilet Rental - Hanifl Park Parks Dept LRS Portables of Minnesota MP231352 138.00$ Toilet Rental - Valjean Park Parks Dept LRS Portables of Minnesota MP231353 138.00$ Toilet Rental - Arbre Park Parks Dept LRS Portables of Minnesota MP231354 138.00$ Toilet Rental - Heritage Ponds Park Parks Dept LRS Portables of Minnesota MP231355 138.00$ Toilet Rental - McCollar Park Parks Dept LRS Portables of Minnesota MP231356 138.00$ Toilet Rental - Arcand Park Parks Dept LRS Portables of Minnesota MP231357 78.00$ Toilet Rental - Irish Ave Park Parks Dept MainStreet Designs Inc 34756 9,360.00$ City of Hugo Banners Street Dept McCullough and Sons Well Drilling H401641/H401642 3,590.00$ Well Sealing - 6540 Greene Ave (Grant Monies) Special Parks Fund Menards 15446 440.37$ Water Softener Salt Public Works Menards 15446 19.88$ Shop Supplies Public Works Menards 15446 14.94$ Pest Control Supplies Public Works Menards 15446 14.94$ Pest Control Supplies Public Works Menards 15576 44.72$ Supplies Parks Dept Menards 16344 412.72$ Fire Department Supplies Fire Dept Metering & Technology Solutions INV3151 2,319.60$ Water Meters & Hardware Water Utility Miller Excavating Inc 25075 375.74$ Screened Sand Street Dept Minnesota State Fire Chiefs Association 6044 325.00$ 2023 Conference Registration - C. Emans Fire Dept Pro Hydro-Testing LLC 104535 1,820.00$ Hydro-Testing SCBA Cylinders Fire Dept Rihm Kenworth 3122526G 56.16$ Parts - Unit #209-13 Sewer Utility Schifsky (T.A.) & Sons Inc 69563 1,894.79$ Asphalt Street Dept SealTech Inc 1276 24,610.30$ Seal Coat Pedestrian Trails Street Dept SealTech Inc 1276 7,417.00$ Rout & Seal Cracks Street Dept SiteOne Landscape Supply LLC 134017480-001 36.30$ Irrigation Hardware Parks Dept St. Paul Pioneer Press 723582414 166.60$ Job Advertisement - Utilities Lead Worker Water & Sewer Supply Solutions 51334 169.00$ Restroom Supplies - Lions Pavilion Parks Dept Tablet Command INV-0873 6,000.00$ Tablet Command Annual Licenses (8) Fire Dept TASC IN2838387 50.00$ October Cobra Administration Fee Finance Dept Toshiba Financial Services 5026331503 148.74$ September Copier Lease Payment Fire Dept Toshiba Financial Services 5026331503 18.94$ Overage Charges (Color) Fire Dept Toshiba Financial Services 5026331503 2.10$ Overage Charges (B & W) Fire Dept Tri-State Bobcat A24924 3,850.00$ Trak Mats Various UniFirst Corporation 1410006299 145.84$ Uniforms, Supplies & Floor Mat Services (PW) Public Works UniFirst Corporation 1410007538 145.84$ Uniforms, Supplies & Floor Mat Services (PW) Public Works White Bear Locksmith 34581 685.00$ Strike Plate Repairs - Lions Pavilion Parks Dept Ziegler Inc IN001127085 499.72$ Parts - Unit #306-16 Street Dept Page 1 City of Hugo Claims September 5, 2023 G. 1 Vendor Invoice Amount Description Department Ziegler Inc IN001131873 64.09$ Parts - Unit #307-04 Public Works 125,915.80$ Total Claims for September 5, 2023 Page 2 Public Works Maintenance Worker The City of Hugo is seeking an individual to perform a variety of skilled, semi-skilled and manual work in the routine maintenance of municipal streets and storm sewers, water and wastewater collection systems and City buildings, parks, and other grounds. This position operates a variety of light and heavy equipment. Minimum Requirements: HS graduate or equivalent, valid MN Class B commercial driver’s license or ability to obtain within six months and Class D water and Class SD collections systems licenses or ability to obtain within two years. Preferred Qualifications: Vocational training in water/wastewater technology. Experience operating heavy equipment including snow removal equipment and motor graders. The 2023 salary range is $27.25 to $35.51 per hour. A complete job description and City application is available on the City’s web site at www.ci.hugo.mn.us/jobs_volunteer and at Hugo City Hall, 14669 Fitzgerald Av. N., Hugo, MN 55038, or by calling 651-762-6315. Applications will be accepted until the position is filled, but it is encouraged that they be completed and returned to the City of Hugo by 3:00 p.m., Friday, October 13, 2023. Applications can be dropped off at City Hall or emailed to mlindau@ci.hugo.mn.us. 1 Sent:Tuesday, August 29, 2023 2:06 PM Subject:FW: Resignation from EDA Notification Gentlemen, Needed to write you both a note, informing you of my resignation from the Hugo EDA. Recent life changes have shifted my focus, and as a result, I am not able to dedicate the time and focus that this position deserves. Thank you for all of the hard work that you have put in over the last few years (Max it feels like you've been there for at least 2 years), I genuinely appreciate it! I've learned a lot over the past few years, and I believe that our paths will cross again in the future, and we will get to be teammates again. Please let me know if there are any other arrangements that need to be made on my part. Thank you again for this sweet opportunity to actually make an impact on the city of Hugo! Take care, Mike Roberts Former Commissioner, Hugo Economic Development Authority Agenda Number G.7 CITY OF HUGO COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT TO: Bryan Bear, City Administrator FROM: Rachel Juba, Community Development Director SUBJECT: Nick Heinle – Prairie Homes, LLC, 14320 Grantaire Lane North. Variance request from the side yard setback for location of window wells. DATE: August 31, 2023, for the City Council Meeting on September 5, 2023 ZONING: Planned Unit Development (PUD) REVIEW DEADLINE: September 29, 2023 1. BOARD OF ZONING UPDATE: At its August 24, 2023, meeting the Board of Zoning held a public hearing and considered the request. There were three letters submitted for the public record (included as an attachment). There was only the applicant at the public hearing to speak. Staff outlined the variance approval criteria and staff recommended approval of the variance request. The Board agreed that due to the unusual circumstances that led to the construction of the window wells, there are practical difficulties in meeting the ordinance standard. They unanimously recommended approval of the variance request to the City Council. 2. DESCRIPTION OF REQUEST: The applicant is requesting a variance to allow window wells to encroach 3 feet, 8 inches into the required side yard setback, where 2 feet is allowed by ordinance. The two window wells are generally located on the north and south side of the house. Heinle Variance – 14320 Grantaire Lane North Page 2 2 The property is approximately .22 acres and is located within the Victor Gardens neighborhood. The setback requirements for the PUD are the following: Yard Setback Front – House Setback 15 ft Front – Garage Setback 25 ft Side – House Side 10 ft Side – Garage Side 5 ft Rear – House 25 ft Rear – Garage 5 ft 3. BACKGROUND: On June 28, 2023, there was a building permit issued for the new construction house. The survey and house plans showed the proposed encroachment of the window wells. The house is currently under construction and the window wells have already been constructed. The permit was issued in error since the window well encroachment exceeded the 2 foot encroachment allowance. It was brought to staffs attention and staff required the applicant to apply for a variance to allow the additional encroachment of 1 foot 8 inches. 4. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City’s discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a higher level of discretion with a variance because the burden of proof is on the applicant to show that they meet the standards in the ordinance. 5. ANALYSIS: A. Surrounding Land Use and Zoning The surrounding properties are zoned Planned Unit Development (PUD) in the Victor Gardens neighborhood. 6. VARIANCE STANDARDS: The Board must review the requested variances with the standards outlined in Section 90-38 of the land use regulations. Staff used these standards to review the variance request and finds the following: (1) Law. The variance as requested is permissible by law. The requested variance is from the dimensional standards of the ordinance and is permissible by law. Heinle Variance – 14320 Grantaire Lane North Page 3 3 (2) Practical Difficulties. The applicant for a variance shall establish that there are practical difficulties in complying with the provisions of the zoning regulations. The term “Practical Difficulties” as used in the granting of a variance means: a. Reasonable Use. The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance and; Window wells are allowed to encroach 2 feet into the required setback. For example, if there is a 5 foot side yard setback a window well can encroach 2 feet into the required setback. Building code requires window wells to be at least 3 feet for safe exits in case of an emergency. Because of the building code requirement, and the walls of the window wells, the applicant is requesting the window wells to encroach 3 feet 8 inches into the required side yard setbacks. The applicant is proposing to use the property in a reasonable manner. b. Unique Circumstances. The plight of property owner is due to circumstances unique to the property not created by the landowner and; The property is a typical lot in the area. The house meets the setback requirements, but the window wells exceed the encroachment allowance by 1 foot 8 inches. If the encroachment was caught during the building permit phase the house could have been redesigned to meet the ordinance regulation. c. Character of Neighborhood. The variance, if granted, will not alter the essential character of the neighborhood. The window wells would not noticeably change the character of the area. A permit was issued for the new house. The property owner went through the proper steps to construct the house. Staff was in error when permitting the house. Considering the unusual circumstances that led to the construction of the window wells, a case can be made that there are now practical difficulties in meeting the ordinance because of the time and materials that the applicant has put into the house. (3) Spirit and Intent. The granting of the variance would be in keeping with the spirit and intent of this chapter and with the policies of the City’s Comprehensive Plan. The proposed window wells are relatively small and at grade, so as to not dominate the look of the house. The spirit and intent of the ordinance for a side yard setback is to require a minimum amount of space between buildings and the property line and to not have structures obstructing the view between buildings. Although the window wells encroach into the side yard setback, it is the staff’s opinion that the window wells are at grade and will not obstruct view, therefore would meet the spirit and intent of the ordinance. Heinle Variance – 14320 Grantaire Lane North Page 4 4 (4) Prohibited Use. The variance, if granted, shall not have the effect of allowing any use prohibited in the district. Window wells are permitted in the PUD zoning district. (5) Hazard Consideration. The variance, if granted, shall not permit a lower degree of flood protection than required by this chapter. The variance shall be determined the minimum necessary, considering the flood hazard, to afford relief, and the variance shall not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. The property is not located within a FEMA designated floodplain. (6) Septic and Well Compliance. The sewage treatment system and water system of the subject property is in compliance with city and state codes. The property is served by municipal sewer and water. 7. CONCLUSION: It is in staff’s opinion that the applicant should be granted the variance request for the window wells that are constructed. A permit was issued for the new house. The property owner went through the proper steps to construct the house. Staff was in error when permitting the house. Considering the unusual circumstances that led to the construction of the window wells, a case can be made that there are now practical difficulties in meeting the ordinance because of the time and materials that the applicant has put into the house. 8. STAFF RECOMMENDATION: Staff recommends approval of the variance request. 9. BOARD RECOMMENDATION: The Board agreed that due to the unusual circumstances that led to the construction of the window wells, there are practical difficulties in meeting the ordinance standard. They unanimously recommended approval of the variance request to the City Council. ATTACHMENTS: 1. Location Map 2. Resolution 3. Survey 4. Applicant’s Narrative 5. 3 Letters Submitted RESOLUTION 2023-____ APPROVING A VARIANCE TO ALLOW WINDOW WELLS TO ENCROACH 3 FEET 8 INCHES INTO THE REQUIRED SIDE YARD SETBACK FOR THE PROPERTY LOCATED AT 14320 GRANTAIRE LANE NORTH WHEREAS, Nick Heinle, Prairie Homes LLC, has requested a variance to allow window wells to encroach 3 feet 8 inches into the required side yard setback on property described as follows: Lot 10, Block 3, Victor Gardens East WHEREAS, the Board of Zoning Adjustments and Appeals has reviewed the variance at a duly called public meeting and recommended approval, and; 1. The requested variance is from the dimensional standards of the ordinance and is permissible by law. 2. The applicant is proposing to use the property in a reasonable manner. 3. The window wells would not noticeably change the character of the area. 4. A permit was issued for the new house. The property owner went through the proper steps to construct the house. Staff was in error when permitting the house. Considering the unusual circumstances that led to the construction of the window wells, a case is made that there are now practical difficulties in meeting the ordinance because of the time and materials that the applicant has put into the house. 5. Although the window wells encroach into the side yard setback, window wells are at grade and will not obstruct view, therefore would meet the spirit and intent of the ordinance. 6. Window wells are permitted in the PUD zoning district. 7. The property is not located within a FEMA designated floodplain. 8. The property is served by municipal sewer and water. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the variance request to allow window wells to encroach 3 feet 8 inches into the required side yard setback. Resolution 2023-_____ Page 2 ADOPTED by the City Council this 5th day of September, 2023. _______________________________ Tom Weidt, Mayor ATTEST: __________________________________ Michele Lindau, City Clerk CERTIFICATE OF SURVEY ~for~ PRAIRIE HOMES LLC ~Of~ 14320 GRANTAIRE LANE NORTH HUGO, MN 91.-7.9 / �-9>8,; . �/" / GRAPHIC SCALE 20 O 10 20 -t�---------------___,/� 1 INCH = 20 FEET / / / If not in red ink, it is not an original copy 17.8 \ / 'jJ-7.13 \,,✓ ><918.4 \ \ \ x919.3 \ 918.6 •9� FNDREBAR23021 x918.5 \ 918.Bx \ 919.J FNDREBAR.23021 \ /\ X / > / \ / \ \ \ \ \ / X919.6 x919.3 x919 ,0 x919.3 \ \ \ X919.6 � 1'°..o OG.o\S\ �� x919,6 -� 19.7 � "J1,V'/� 919 � '/ 921 ··--...... 9,20 x920.8 \ \ x921.0 \ \ X919.9 x920,3 40 ! / x920.4 x919.8 x920.1 /�20,5 / LEGEND e DENOTES IRON MONUMENT FOUND 0 DENOTES IRON MONUMENT SET DIAG: 52.00 X 65.00 = 83.24 (8'4" POURED WALL BASEMENT) )8((800.0) DENOTES PROPOSED ELEVATION xlOll.2 / li'l DENOTES EXISTING ELEVATION PROPOSED ELEVATIONS \ \ \ X922.6 \ DENOTES DIRECTION OF DRAINAGE DENOTES WOOD HUB/METAL SPIKE AT 11 FOOT OFFSET (UNLESS OTHERWISE NOTED) [CJ DENOTES CABLE PEDESTAL TOP OF WALL AT HOUSE = 923.5 TOP OF WALL AT GARAGE = 922.2 GARAGE FLOOR= 921.8 LOWEST FLOOR= 915.5 TOP OF FOOTING = 915.2 (DROP GARAGE 16 INCHES) [] DENOTES ELECTRICAL BOX iTI DENOTES TELEPHONE PEDESTAL DENOTES EXISTING CONTOURS DENOTES EXISTING WATER MAIN ---->--- ' - - 7 L_ __ _J ,-;-:-:-:i L _._ ._._ _J DENOTES EXISTING SANITARY SEWER DENOTES BITUMINOUS SURFACE DENOTES CONCRETE SURFACE LOWEST ALLOWABLE FLOOR ELEVATION = 915.5 PER THE GRADING PLAN. *BUILDER TO VERIFY HOUSE DIMENSIONS, SEWER DEPTH AND FOUNDATION DEPTH. * DRIVEWAYS ARE SHOWN FOR GRAPHIC PURPOSES ONLY. FINAL DRIVEWAY DESIGN AND LOCATION TO BE DETERMINED BY CONTRACTOR. * FINISHED GRADE ADJACENT TO HOME SHALL BE 0.5 FEET BELOW TOP OF BLOCK EXCEPT AT DRIVEWAY AND PATIO. Lot 10, Block 3, VICTOR GARDENS EAST, Washington County, Minnesota. DATUM: Washington JOB NO. 230424HS \ \ \ \ SCALE: 1" = 20 ' E. G. RUD & SONS INC. \ \ \ \ I hereby certify that this plan, survey or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. By: �P�RE�ll �Ml�NA�R�Y -- Minnesota License No. -�4=15=7�8�_ REVISIONS DATE: 05-19-23 >--+---+-------+---1 DRAWN BY: RF/JN Professional Land Surveyors 6776 Lake Drive NE, Suite 11 O Lino Lakes, MN 55014 Dated 19th day of May 2023. NO. DATE DESCRIPTION BY CREW: TBD Tel. (651) 361-8200 Fax (651) 361-8701 www.egrud.com 10-3 Window Well Window Well 1 Rachel Juba From:Info Prairie Homes <info@prairiehomes-llc.com> Sent:Friday, August 18, 2023 9:11 AM To:Rachel Juba; Max Gort Subject:Variance Narrative Caution: This email originated outside our organization; please use caution. Hi Rachel, Below is the narrative for the window well variance located at 14320 Grantaire Lane N: We are requesting a variance of 1' 8" for the window well located on the south side of the home.This will allow the basement bedroom window egress to meet minimum building code of 3' wide.The variance is permissible by law. It is not a structure that protrudes above grade, it does not affect the floodplain and does not block any view. There will be a cover installed to mitigate any safety concerns along with a fence located on the East side of the window well to prevent anyone from entering the rear yard. Thanks Nick -- To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet. Cait & Nick Prairie Homes, LLC prairiehomes-llc.com Dan and Katie Mach 14288 Grantaire ln n Hugo,MN 55038 August 13 2023 To be included in the record as our response to proposed window well on 14320 Grantaire Ln N City building officials and all those involved in planning our city,thank you for your time and efforts serving our city.We have called Hugo our home for over 15 years and have enjoyed being residents of the Victor Gardens development for several years now.With regards to the variance request from Nick Heinle of Prairie Homes LLC,we are very frustrated that a variance request was not made before the building and structure was built,even approved.The variance request should in fact be called an after the fact variance request. We do not approve of this and would have certainly rejected this variance if it was proposed the way we feel it should have been,before anything was built or approved.We were never approached by the city or the builder with concerns and would have never thought this was even a possibility in our neighborhood. We have concerns not only for us but also the future residents of this proposed lot,as the lack of a proper setback could allow for future moisture issues not to mention fire and safety risks.As adjacent property owners on 14288,this structure and its proximity to our property is of great concern.We fear that the proximity of the well to our property line will affect our home value in a negative way,as no other structures on our street appear to be that close.Furthermore,the side setback on the other side of this property is generously more than the 5 ft rule,which is infuriating considering we are on the short side.Simply put,if the proper rules and timing were followed the structure and foundation should have been set at least within the allowed setback,there was never a need to encroach any additional distance at all to the property line.We will forever be dissapointed with this process and hope that this doesn’t lead to any future problems as a result. Sincerely, Dan and Katie Mach From:Joseph Kuefler To:Max Gort Subject:Re: 8/24 Board Meeting with Prairie Homes Date:Tuesday, August 22, 2023 9:23:59 PM You don't often get email from joseph.kuefler@gmail.com. Learn why this is important Caution: This email originated outside our organization; please use caution. Alex, I am a resident of Hugo's Victor Gardens neighborhood. I was recently notified by mail that Nick Heinle of Prairie Homes will be appearing before the city council to request a variance on behalf of his currently-under-construction home at 14320 Grantaire Lane North. The Graintaire Lane house is directly behind my home at 14284 Cosette Lane North. I'm writing to express my support for Prairie Homes and their request. I have lived in this neighborhood for many years. In fact, this is my second home in the neighborhood. We loved it so much in Victor Gardens that we returned after a short move to Oregon. I have seen this neighborhood grow and evolve and fill with people and families. Throughout the years, many builders—dozens of builders—tried and failed to establish themselves in our special community. In the opinion of our board, and many of us who live here, those builders failed because they viewed the building of a home as a transaction. They wanted to throw something into the soil and move on to the next project somewhere else. This does not describe Nick and Prairie Homes, and this is why all of us love his work and his family. Nick isn't a national builder. He's one of our neighbors. He cares immensely about the families who live here, about the product he creates, and about the lasting quality and impression his homes leave in this neighborhood. I believe Prairie's request should be granted. Despite the need for a variance, the home looks appropriately placed and will certainly add to the character, value, and appeal of our neighborhood. If there is anything else I can write in defense of Prairie Homes, LLC, please let me know. Kindly, Joseph Kuefler 651.592.1476 From:Mike Ferderer To:Max Gort Cc:dkmach25@hotmail.com Subject:Variance at 14320 Grantaire Lane N Date:Thursday, August 24, 2023 9:28:22 AM Attachments:image755272.jpg image394389.png image337057.png image802646.png image108830.png image128187.png image248904.png You don't often get email from mferderer@par3it.com. Learn why this is important Caution: This email originated outside our organization; please use caution. Good morning, I will not be able to attend the meeting this evening regarding the variance that was allotted for the new house on Grantaire Lane N so I’m submitting this email in-place. Please consider my comments during your meeting. We live 2 houses down from there (14266 Grantaire Lane N) and would have liked an opportunity to weigh in earlier before the exception to offsets was granted and prior to construction starting. There are two primary concerns I have. First, the offsets are very small as it is. Decreasing this to 13” is ridiculous and could potentially affect resale values, post safety concerns, introduce issues with creating necessary systems for in-ground utilities, water drainage, etc. I personally would be bringing up all these as concerns if this happened on my property, but as it stands I think it creates a likely potential to decrease value on the directly impacted property which will have an indirect impact on the surrounding property values. The second concern of mine is this never seemed to go through the normal channels of approval and with the extreme nature of how close this structure is to the adjacent property it certainly should never have been approved. We tried to get our home approved for a walk-out and the city (appropriately) rejected that plan because the top of block was too high in relation to the 2 adjacent properties. This came to our expense to redraw plans and protected the 2 adjacent home owners. When we tried to pursue it (at the time, prior to build) we were asked to meet with our development’s Architectural Review Committee (ARC) and our builder, which we did. We came to the conclusion that we should change course and our plans were redrawn for a look-out. This type of consideration should be taken on homes build so close together and if an extreme variance is proposed the impacted neighbors should be consulted prior to approving this. I’m not sure how the city, the Victor Gardens ARC, or the neighbors weren’t all included in consideration for what was approved but I would appreciate a better understanding of this. I would like to know more about how it got approved, what actions would be taken to correct or reverse this or if there will be any other corrective actions taken for the surrounding home owners to address the concerns above. Thank you for your consideration. Mike Ferderer| Chief Revenue Officer 612.326.3610 |Direct: 612.326.3614 mferderer@par3it.com |www.par3it.com Par3.IT accepts no liability for the content of this email, or for the consequences of any actions taken on the basis of the information provided, unless that information is subsequently confirmed in writing. This electronic message including any attachments ("Message") may contain information that is privileged, confidential and/or exempt from disclosure under trade secret and other applicable law. If you are not the intended recipient(s), mgort@ci.hugo.mn.us, dkmach25@hotmail.com, notify the sender immediately, permanently delete all copies of this Message, and be aware that examination, use, dissemination, duplication or disclosure of this Message is strictly prohibited. Agenda Number G.8 CITY OF HUGO COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT TO: Bryan Bear, City Administrator FROM: Rachel Juba, Community Development Director SUBJECT: M/I Homes Minneapolis/St. Paul, LLC. Final Plat and Development Agreement for The Shores of Oneka Lake 2nd Addition DATE: August 31, 2023 for the City Council Meeting of September 5, 2023 1. PROPOSED MOTION: Move to approve the resolution approving the Final Plat and development agreement for The Shores of Oneka Lake. Approval of the Final Plat requires a 3/5 vote of the City Council. 2. DESCRIPTION OF REQUEST: The applicant is requesting approval of a final plat in order to plat 14 lots and 1 outlot on the parcels located north of Goodview Avenue and east of Highway 61. The City Council reviewed and approved the preliminary plat and PUD for The Shores of Oneka Lake at its June 6, 2022, meeting. On December 19, 2022 the City Council approved the final for The Shores of Oneka Lake platting 50 lots. This request will plat 14 lots for the second phase of the development. The lots meet the minimum lot standards and requirements outlined in the regulations for The Shores of Oneka Lake PUD. The park dedication requirement will be met by fee for a total of $28,322 ($2,023 per unit). A portion of the Park Dedication was previously satisfied by dedication of 3.89 acres of upland on Outlot G. 4. RECOMMENDATION: Staff recommends approval the resolution approving the Final Plat and Development Agreement for The Shores of Oneka Lake 2nd Addition. ATTACHMENTS: a) Location Map b) Resolution Approving the Final Plat and Development Agreement The Shores of Oneka Lake 2nd Addition Final Plat and Development Agreement Page 2 c) Engineer’s Memo dated August 31, 2023 d) Draft Development Agreement e) Final Plat Graphics f) Final Plat Construction Plans RESOLUTION 2023-____ APPROVING A FINAL PLAT AND DEVELOPMENT AGREEMENT FOR M/I HOMES OF MINNEAPOLIS/ST. PAUL, LLC, FOR THE SHORES OF ONEKA LAKE 2nd ADDITION WHEREAS, M/I Homes of Minneapolis/St. Paul, LLC, has requested approval of a final plat for the property legally d escribed as follows: See attached. WHEREAS, the Planning Commission has reviewed the preliminary plat and PUD at a duly called public hearing and recommended approval of the preliminary plat and PUD; and WHEREAS, the City Council approved the preliminary plat and PUD at its meeting on June 6, 2022. NOW, THEREFORE, BE IT HEREBY RESOVLED BY THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the request by M/I Homes of Minneapolis/St. Paul, LLC,, for a final plat, subject to the following conditions: 1. The final plat is approved to allow the creation of 14 single family lots and 1 outlot, in accordance with the plans and application received by the City on July 20, 2023, except as amended by this resolution. 2. The development shall substantially compl y with all plans and conditions of the PUD and preliminary plat approval granted by the City on June 6, 2022. 3. Development standards shall comply with Resolution 2022-32 and 2022-33, and as amended. 4. The developer shall comply with all conditions outlined in the City Engineer’s memo dated August 31, 2023, and revisions required in “redlined” comments from the City Engineer. 5. Outlot use and ownership: Outlot Acres Ownership Use A M/I Homes Future development 6. Temporary drainage and utility easements shall be located over Outlot A. 7. The developer shall design and install a stormwater re-use system for irrigation of the individual lots. Resolution 2023-___ The Shore of Oneka Lake 2nd Addition Final Plat and Development Agreement 8. The developer shall establish a property owners association for the development to own/operate/maintain common elements, monument signage, landscaping, and the water re-use system. The property owners association documents shall be reviewed and approved by staff prior to recording the plat. 9. The landscaping planned for the plat shall be installed in one phase. The developer shall take proper precautions to protect the trees as the homes are being built. 10. Each home shall include a minimum of 2 parking spaces within the driveway. The driveway widths shall be a maximum of 24 feet at the right of way line. 11. Staff will continue to work with the applicant on the street lighting plan. Exact locations of the street lights shall be reviewed and approved by staff prior to installation. 12. When needed, a Letter of Map Revision will need to be prepared and submitted for FEMA approval so that the existing floodplain boundaries and elevations can be revised per the plans. 13. The developer shall obtain all necessary local, state, and federal permits. 14. The property owners association shall be responsible for maintenance of all development signage (if any) and landscaping within the outlots, common space, and the 159th Street roundabout. 15. Prior to recording the final plat: a) The developer shall provide letter of credits for the development improvements and round-about improvements. The developer shall provide an escrow to the City for the roundabout improvements with the bids are received by the City, plus contingencies. All fees outlined in Exhibit C shall be paid. b) The plans shall be revised to remove proposed development for Outlot C. No development approvals are implied or approved for Outlot C. c) The developer must obtain all necessary stormwater management and wetland conservation act (WCA) permits from the City. d) The developer shall pay $28,322 ($2,023/lot) in full to satisfy the required cash in lieu of parkland dedication requirement. A portion of the Park Dedication was previously satisfied by dedication of 3.89 acres of upland on Outlot G. e) The developer shall pay the sewer and water trunk fees for each lot at final plat. The City’s SAC and WAC fees will be paid at the time building permits issued. Resolution 2023-___ The Shore of Oneka Lake 2nd Addition Final Plat and Development Agreement f) The developer shall obtain approval from Xcel Energy on the crossing and encroachment of the powerline easement for improvements within the easement such as grading and trail. g) The applicant shall provide copies of the property owners association documents/covenants for City review and approval. A copy of the document shall be filed for recording with the final plat. h) A stormwater reuse agreement shall be reviewed and approved by staff and recoded at Washington County. i) The developer shall enter into a development agreement, shall agree to complete all improvements, and pay all fees as required by the agreement. 16. Prior to the issuance of building permits: j) The applicant shall file the final plat, development agreement and associated documents with Washington County. Proof of recording shall be provided to the City. k) If a sales trailer is located in the property, a site plan and building elevations shall be submitted for City review and approval. 17. Prior to the issuance of Certificate of Occupancy: l) All public improvement required with the development agreement shall be installed. ADOPTED by the City Council on September 5, 2023. ___________________________ Tom Weidt, Mayor ATTEST: _________________________________ Michele Lindau, City Clerk S:\Users\R_Juba\DEVELOPMENT PROJECTS\The Shores of Oneka Lake\The Shores of Oneka Lake 2nd Addition Final Plat\Eng Memo Shores of Oneka Lake 2nd Final Plat - 20230831.docx 178 E 9TH STREET | SUITE 200 | SAINT PAUL, MN | 55101 | 651.286.8450 | WSBENG.COM August 31, 2023 Ms. Rachel Juba Community Development Director City of Hugo 14669 Fitzgerald Avenue North Hugo, MN 55038 Re: Shores of Oneka Lake 2nd Addition Final Plat Review WSB Project No. 023519-000 Dear Ms. Juba: We have reviewed the Final Plat submittal for the Shores of Oneka Lake 2nd Addition. We have reviewed the following information related to this application: • The Shores of Oneka Lake Final Plat Submittal dated July 18, 2023 by Carlson McCain Based on the review of the documents, we offer the following Engineering comments related to this application: General/Access 1. The subject property is located east of Highway 61 at 159th Street and north of the existing Oneka Ponds development. 2. Access will occur from Goodview Avenue located south of the development as well as internal roads currently under construction in the initial phase of development. The roundabout at TH 61 and 159th Street is also under construction which will serve as the primary access for the development and is scheduled to be open to traffic late this fall. 3. Detailed redline comments have been provided on the plans and sent to the applicants engineer so they can be addressed in future submittals. Utility Plan 4. As identified in the City’s Comprehensive Water Supply and Distribution Plan, a 12” trunk watermain is proposed to be extended north from the Oneka Ponds development, through the proposed site and both, connected to the 12” crossing at the 159th St roundabout and stubbed to a future through street at the northern end of the site. 5. The construction plans identify this 12” trunk watermain being extended through the 2nd Addition, with the City of Hugo paying for oversizing costs. 6. The sanitary sewer will be connecting into the 8” sanitary sewer located within Goodview Avenue. 7. The applicant has provided an updated phasing plan. Staff has reviewed to ensure this is feasible with respect to utility extension and stormwater management. Stormwater Management 8. The site is meeting water quality requirements primarily through water reuse for onsite irrigation. The remaining water quality required will be provided by the stormwater ponds onsite. a. The applicant should clarify if Pond 300 is proposed as an additional source water for the water reuse system for the 2nd Addition as noted as a condition of the overall Ms. Rachel Juba August 31, 2023 Page 2 S:\Users\R_Juba\DEVELOPMENT PROJECTS\The Shores of Oneka Lake\The Shores of Oneka Lake 2nd Addition Final Plat\Eng Memo Shores of Oneka Lake 2nd Final Plat - 20230831.docx development’s City stormwater permit. If the pond is proposed to be integrated into the water reuse system, additional information on the irrigation infrastructure proposed at the pond should be included in future submittals. 9. The site is meeting rate control requirements through the stormwater ponds onsite. 10. Detailed redline drainage comments on the 2nd Addition have been provided to the applicant and will need to be addressed prior to the issuance of the stormwater permit. Wetlands 11. Site grading for the Second Addition was completed with the initial phase of grading for the overall development and not wetland impacts are proposed as part of the 2nd addition. Thank you for the opportunity to provide comments on this project. Additional detailed red-lined comments have been provided to the applicant’s engineer. These comments will need to be addressed prior to approval of the construction plans. If you have any questions, please do not hesitate to contact me at 651-286-8463. Sincerely, Mark Erichson, PE City Engineer cc: Scott Anderson, Public Works Director (email only) Liz Finnegan, Senior Engineering Technician (email only) Brian Krystofiak, Carlson McCain (email only) Return To: City of Hugo 14669 Fitzgerald Ave N Hugo, MN 55038 CITY OF HUGO WASHINGTON COUNTY, MINNESOTA DEVELOPMENT AGREEMENT The Shores of Oneka Lake 2nd Addition THIS AGREEMENT, made and entered into this _____ day of _______________, 20___ by and between the CITY OF HUGO, a Minnesota municipality organized under the laws of the State of Minnesota (hereinafter referred to as "City"); and M/I Homes Minneapolis/St. Paul, LLC., a Limited Liability Corporation, (hereinafter referred to as "Developer"). WITNESS: The Shores of Oneka Lake 2nd Addition 2 WHEREAS, the City Council of the City has, by Resolution Number 2022-33 on June 6, 2022, approved the preliminary plat for a major subdivision as proposed by the Developer to be known as "The Shores of Oneka Lake" ; and, WHEREAS, the City Council of the City has, by Resolution Number 2022-32 on June 6, 2022, approved the PUD general plan for a major subdivision as proposed by the Developer to be known as " The Shores of Oneka Lake” ; and, WHEREAS, the City Council of the City has, by Resolution Number 2023-_____ on September 5, 2023, approved the final plat for a major subdivision as proposed by the Developer to be known as " The Shores of Oneka Lake 2nd Addition" (hereinafter referred to as the "Plat"); and, WHEREAS, the Plat proposed a development of an approximately 5 acre parcel of land into 14 residential lots and 1 outlot; and, WHEREAS, it is the policy of the City to enter into development contracts as contemplated in Minnesota Statutes §462.358, Subd. 2(a); and, WHEREAS, the parties hereto desire to set forth their respective rights and obligations of the parties to this Agreement. NOW, THEREFORE, in consideration of the premises and of the mutual promises and conditions contained herein, it is agreed by the parties hereto as follows: A. GENERAL ENGINEERING CONDITIONS; 1. Escrow for City Costs and Fees. Developer shall, contemporaneously with the execution of this Agreement, deposit with the City an escrow as outlined in Exhibit C to cover the cost of legal fees, engineering and construction observation fees, administrative expenses, and other costs related to this Plat, including the Highway 61 roundabout improvements construction. All fees and costs incurred by the City in connection with the Plat shall be charged against said escrow account which shall remain in effect until the expiration of the warranty period for the Plat, as defined in paragraph 7, in all events said fees and costs shall be the responsibility of the Developer and shall be paid on demand. Any funds remaining in the escrow account after the completion of the warranty period shall be refunded to the Developer. In the event that the escrow account herein is depleted, Developer agrees to post additional funds to replenish the account and to cover projected City costs. Specifically, Developer agrees that the escrow account shall maintain a balance of no less than $5,000.00. Developer shall be entitled, upon The Shores of Oneka Lake 2nd Addition 3 request, to an itemized statement of all costs and fees charged against this escrow account. 2. Development Plans. In accordance with the policies and ordinances of the City, and subject to all City resolutions and approvals in connection herewith, the Developer shall construct the proposed improvements (hereinafter referred to as the "Improvements"). All Improvements shall be constructed and installed pursuant to the terms and conditions herein set forth in accordance with the plans approved and listed on Exhibit A, subject to all City resolutions and approvals listed in Exhibit B, subject to final approval by the City, and in accordance with City standards and requirements including those listed herein. In addition, all public street, utility, and storm drainage improvements shall comply with the City’s adopted specification book and the reasonable direction of City staff. 3. Authorization to Proceed with Construction. Developer agrees not to commence any grading, utility or street work within the Plat until the following are completed: 1) Construction plans are approved by the City and distributed. 2) Pre-construction conference is held. 3) Notice to Proceed is issued. 4. Construction Observation. The City, for its benefit, will provide staff of its choosing to provide construction observation for the Improvements outlined in this Agreement. All costs associated with construction observation and inspection will be the responsibility of the Developer. The Developer shall allow City staff and City consultants access to the Plat to allow for this work to occur. 5. Miscellaneous Requirements. a) Property Corners: All property corners as identified on the Plat must be monumented with iron surveyor's pipes by the Developer prior to final project acceptance, as defined in paragraph 7 of this Agreement. b) Drainage Easements: Drainage easements shall be dedicated on the Plat so as to cover any wetlands and stormwater ponding areas located below the 100-year high water levels. c) Soils Testing: Soils inspection and compaction testing by a registered professional engineer shall be accomplished on all lots where filling is required, in accordance with the approved Grading, Drainage, and Erosion Control Plan. A minimum of one (1) compaction test for all developed lots shall be obtained for every two (2) foot increment of fill that is placed. A summary of all inspections and compaction tests for all developed lots shall be provided to the City upon completion of the grading and shall be provided for a respective lot prior to the issuance of a building permit for such lot. The Shores of Oneka Lake 2nd Addition 4 d) Private Utilities: All private utilities that are installed, including electricity, telephone, natural gas and cable television, shall be installed underground. e) Mailboxes: Developer shall coordinate mailbox locations with the United States Postal Service. f) Street Lights: Street lights shall be installed within the Plat according to the Street Lighting Plan, which will first be approved by the City Engineer. Developer shall also submit its Street Lighting Plan to the applicable power company for its review, comment and approval. The installation of the street lights shall be coordinated with the applicable power company so that the street light system is installed, constructed and operated in such a manner as will harmoniously exist with other street lights within the area. g) Working Hours: Construction activity, including equipment startup and fueling, can only occur between the hours of 7:00 a.m. and 7:00 p.m. Monday through Friday; 8:00 a.m. and 5:00 p.m. on Saturdays; at no time on Sundays or holidays. h) Street Sweeping: Developer shall sweep and/or otherwise clean all streets, as needed, within and adjacent to the -Plat as a result of construction activities associated with the Plat until final acceptance of the Improvements. If the streets are not maintained in a manner acceptable to the City, after reasonable notice to the Developer the City will arrange for the street sweeping at Developer’s cost. i) Placement of Bituminous Wear Course: The bituminous wear course can be placed on all streets once all of the following have occurred: 1. A Certificate of Occupancy has been issued for at least 75% of the lots or a cash escrow in the amount of $10,000 has been deposit with the City which will be held until 75% of the lots have received Certificates of Occupancy. At the City’s discretion, the wear course may be placed prior to having 75% occupancy. If applicable, the warranty period shall be extended an additional one (1) year for a total of two (2) years from final acceptance. In no case shall the wear course be placed with less than 50% occupancy. 2. The base course on all streets has been in place for at least one full freeze-thaw cycle. 3. City staff or its assignees have visually inspected all roadways and curb within the Plat, and any repairs necessary as a result of said inspection are complete and written approval issued. 6. Project Completion: The Improvements listed herein on Exhibit A, including street, sanitary sewer, storm sewer, and municipal water, shall be completed subject to the approval The Shores of Oneka Lake 2nd Addition 5 of the City in accordance with the approved plans. All Improvements shall be substantially completed to the reasonable satisfaction and approval of the City within twelve (12) months of the execution of this Agreement. Substantial completion shall consist of all work with the exception of placement of the bituminous wear course and completion of the final punchlist. The Developer shall be excused from the strict completion date set forth herein if written notice is received from the Developer of the existence of causes over which the Developer has no control which will delay the completion of the work and approved in writing by the City. In that event, the City may extend the date or dates herein specified. 7. Project Acceptance: Final project acceptance will be considered by the City Council once the following have been completed: (a) All Improvements are installed according to the approved plans. (b) All punchlist items are completed. (c) All Record Drawing information has been provided to the City to its satisfaction. (d) Escrow account for City costs and fees is current in accordance with the provisions of this Agreement. (e) The City receives confirmation via lien waivers that contractors or other parties have been paid for the work completed. (f) The City receives a written request from the Developer to accept the Improvements. 8. Record Drawing Requirements and Engineer’s Certification. Following completion of all development activities and prior to the release of security and acceptance of Improvements, the Developer and/or their assignee shall provide to the City "as-built" plans for the Improvements listed on Exhibit A. This information shall be provided to the City in the following formats: (a) 1-set mylar drawings (22” x 34”) for all Improvements. (b) 1-set paper drawings (22” x 34”) for all Improvements. (c) Individual Adobe.pdf (or approved equivalent) for all plan sheets and the final plat. All Record Drawings shall include the following information: (a) All bench marks shown on plans (bench marks shall be top nut of hydrants). (b) Swing ties to all gate valves shown on plans (ties should be to manholes, catch basins, hydrants or other permanent objects. (c) Swing ties to curb stops shown on plans (ties should be to manholes, catch basins, hydrants, property corners or other permanent objects). (d) Top of casting and invert elevation for all structures. The Shores of Oneka Lake 2nd Addition 6 (e) All pipe sizes, material type, pipe classification, grades and lengths (f) All horizontal and vertical curve data in the appropriate location on the plans. (g) Televised report of the sanitary sewer with videotape. (h) Swing ties to any manhole or catch basin outside the roadway area. (i) A text file including the x, y and z coordinates (based on Washington County’s coordinate system) for the following: 1. All curb stops 2. All hydrants 3. All gate valves 4. All manholes located outside of the roadway 9. Construction Warranty and Financing of Improvements. The Developer agrees to construct the Improvements described herein at its own expense and in accordance with City specifications. The Developer shall engage at its own expense a registered, professional civil engineer to prepare plans and specifications for the Improvements and shall submit the same to the City for review and approval. The Developer represents and warrants that all of the Improvements made as a part of this development shall be guaranteed to be properly functioning as designed for a period of not less than one (1) year following acceptance of the entire project by the City. In the case of any material or labor that is supplied and that is reasonably rejected by the City as defective or unsuitable, then the rejected materials shall be removed and replaced with approved material, and the rejected labor shall be done anew to the reasonable satisfaction and approval of the City at the sole cost and expense of the Developer. In any event, none of the warranty periods expressed herein shall begin to run until all of the Improvements within the Plat have been approved and accepted by the City. The Developer’s engineer shall certify that grading within the Plat was completed in accordance with the approved Grading, Drainage and Erosion Control Plan before the City issues any building permits. The Developer shall remain ultimately responsible for accurate grading of all lots and shall correct any deficiencies in grading that may be discovered until the certificate of occupancy is issued for the applicable lot or the Developer is released from its obligation under this Agreement as outlined in paragraph 7 above. 10. Signs. The Developer shall prepare a plan for all regulatory, directional and street name signs to be within the Plat. The plan shall be reviewed and approved by the City’s public works department. Upon plan approval, the City’s public works department shall install all public signage within the Plat. The installation of all private signage shall be the responsibility of the Developer. All costs related to the installation of public signage shall be the responsibility of the Developer and will be deducted from the Developer’s escrow account. The Developer shall post funds as outlined in Exhibit C prior to the City’s public works department beginning the installation. The Shores of Oneka Lake 2nd Addition 7 11. Drainage Easements. a) Work within Easements: No improvements, landscaping, or grading, other than Improvements shown on the approved plans, shall be permitted in dedicated drainage easements without the prior written permission of the City and any regulatory agency having jurisdiction. b) Maintenance Responsibilities: The Developer and its successors in interest, including all individual homeowners, shall be responsible for routine maintenance of all storm water management ponds, wetlands, and drainage areas within easements dedicated to the City on their property. Routine maintenance shall include litter removal, mowing and maintenance of the property adjacent to pond or wetland areas. In the case of drainage swales, routine maintenance includes the removal of obstructions from the swale as necessary to maintain proper drainage in addition to the aforementioned items. The City shall be responsible for non-routine maintenance of storm water ponds within the easements, including pond dredging, maintenance of the storm water inlet(s) and outlet(s) pipes, and erosion control at outlet and inlet locations. Such maintenance shall be completed as deemed necessary by the City. 12. Wetland Signage: Permanent signage shall be placed along wetland edges as outlined in the City’s General Specification and Standard Details Manual or approved equal by the City. 13. Lowest Floor Elevations. All minimum floor elevations shall comply with Section 90-171 of the Hugo Zoning Ordinance, the City’s Comprehensive Stormwater Management Plan, or the approved Grading, Drainage, and Erosion Control Plan, whichever is more restrictive. Except as may be specifically allowed under Exhibit A, no building shall be constructed on any of the lots herein unless the lowest floor elevation is at least three (3) feet above the 100-year flood elevation or four (4) feet above the high groundwater elevation, whichever is greater, for the subject property. Additionally, the lowest floor elevation shall be specifically referenced and designated, for each lot, on a certificate of survey, which survey shall be provided to the City before any building permits are issued for any lots within the Plat. 14. Landscaping. All disturbed areas within the Plat shall be landscaped in accordance with the approved landscape plans, the City ordinances, and the City’s General Specification and Standard Details Manual. All landscaping shall be complete, established and growing within sixty (60) days of issuance of a Certificate of Occupancy, except that, if the certificate of occupancy is issued between the dates of October 1 and May 1, then the landscaping required herein shall be complete, established and growing no later than July 1. All front yards, side yards and back yards shall be fully sodded. All landscaped areas shall be tilled or otherwise worked mechanically in order to loosen compacted soils and shall contain at least four (4) inches of black dirt containing no The Shores of Oneka Lake 2nd Addition 8 more than 35% sand. Unless specific arrangements are made and agreed to by the City, all landscaping installed within the Plat shall be maintained by the Developer and its successors, including all individual homeowners or the homeowners association which is required to be formed by the Developer pursuant to the agreement. All areas, other than proposed street areas, disturbed by grading activities on the site shall be seeded. Seeding shall be immediate upon completion of grading activities or as directed by the City Engineer. Seeding shall be completed as follows: a) All areas shall be restored with a minimum of four (4) inches of adequate topsoil prior to seeding. b) Upland areas shall be seeded in accordance with the grading, drainage, and landscape plans listed in Exhibit A. The rate of application shall be one hundred (100) pounds per acre. Areas seeded shall be mulched with Type 1 mulch at a rate of two (2) tons per acre. All mulch shall be disk anchored. c) Wetlands, wetland replacement areas and storm water ponding areas shall be seeded with MN/DOT Seed Mixture 25B, or as required by the permitting regulatory agency. The minimum rate of application shall be thirty (30) pounds per acre, or as recommended by the supplier. d) All seeded areas shall be maintained for the term of this Agreement. Upland areas shall be mowed as necessary or as directed by the City Engineer. e) All disturbed areas within the development shall be maintained to limit vegetation growth to less than ten (10) inches except designated natural areas or designated open spaces as shown on the approved plans. 15. Safe Rooms. The Developer shall require all builders to offer a safe room as an option to any and all potential homebuyers. All safe rooms offered and built within the City must meet or exceed FEMA requirements and standards. B. ESCROWS, CHARGES AND UTILITY OVERSIZING: Developer shall pay the escrows, fees and charges listed on Exhibit C. C. SPECIAL PLANNING REQUIREMENTS: The Plat shall be built and maintained in accordance with the planning requirements listed on Exhibit A hereto, and any miscellaneous requirements listed on Exhibit B hereto. D. ADMINISTRATIVE REQUIREMENTS: The Shores of Oneka Lake 2nd Addition 9 1. Miscellaneous Provisions. Developer specifically understands that this Plat approval is given subject to the following requirements: a) Expiration. The final plat documents for the Plat, which is the first phase of The Shores of Oneka Lake preliminary plat, have been submitted to the City Council within one hundred twenty (120) days of preliminary plat approval. The final plat must be recorded with the Washington County Recorder (and the mylar "hardshells" must be fully executed) within sixty (60) days of the City Council motion giving final plat approval, unless such deadline is extended by the City Council in its sole discretion, or else said approval shall be null and void. All fees relating to this subdivision shall be paid by the Developer, including the cost of recording documents with Washington County. b) Recording. The Developer shall record this Agreement with Washington County simultaneous with the recording of the Plat, and shall forward confirmation of recording of the Plat and this Agreement to the City prior to the issuance of building permits. All applicable conditions of Plat approval must be met before any deeds are stamped for recording and prior to the recording of the Plat at the Washington County Recorder's Office. Plat approval shall be contingent upon compliance with the approved plans for the Improvements and upon compliance with this Agreement. c) Model Homes. The Developer shall be entitled to two (2) building permits, subject to final approval by the Community Development Director, and under the following conditions: • The plat shall be recorded at Washington County • The Development Agreement shall be executed and recorded at Washington County. • All corresponding documents shall be reviewed and recorded per the Development Agreement. The development fees per Exhibit C shall be paid. • The building permit shall be for model homes only. • Building permits will be allowed at the end of an existing dead-end road. • All public utilities are installed adjacent to the model homes. • The construction entrance shall be stable and approved by the City Engineer. • The City will not snow plow the construction road. The developer will be responsible for the snow plowing. • Gradations (3 minimum) on the aggregate base placed on the roadway adjacent to the model homes will be performed 48 hours before pavement installation. Material must meet Class 5 or salvaged/recycled material meeting Class 5 gradation per MnDot Specification 3138. Aggregate base that no longer meets Class 5 gradation must be replaced before pavement is installed. • No Certificate of Occupancy for model homes or other homes shall be issued until all public improvements, including first lift of bituminous pavement, per the final plat construction plans have been constructed and inspected. Other Models Homes and Homes Constructed for Sale The Shores of Oneka Lake 2nd Addition 10 No other model homes may be constructed or utilized until at least one (1) lift of bituminous has been installed from said model home lot providing access to a public street or roadway outside of the Plat. No certificate of occupancy shall be issued for any model or other home until all necessary public improvements and utilities have been installed and the utilities have been successfully tested. Prior to this, and at the time that a model home passes final inspection, a model home may only be used by Developer’s, authorized builders, staff or realtors for purposes of showing the models to potential buyers. No model home may be used until landscaping conforming to City ordinance and paragraph 14 of this Agreement has been installed except that, if the certificate of occupancy is issued between the dates of October 1 and May 1, then the landscaping required herein shall be complete, established and growing no later than July 1. d) Sales Trailers. The Developer may be entitled to a maximum of one (1) temporary sales office (sales trailer) for this and all subsequent phases of the development for a period of time not to exceed nine (9) months. Upon receipt of an acceptable site plan, a sales trailer may be approved by the City Community Development Director prior to the first model home being available for showing. The trailer is subject to the issuance of a building permit, shall meet all applicable building codes, shall be fully skirted, shall be suitably landscaped, shall contain sufficient parking for the size of the office, and shall have safe and suitable access to a paved, public roadway. The trailer shall be removed, and the site shall be restored within seven (7) days following the date that a model home passes final inspection. e) Deviations. No material deviations from the approved Plat shall be allowed unless approved in writing by the City. Approval herein is also given subject to full compliance with the conditions of approval and findings adopted by the City Council in connection with the approval of the development. f) Certificates of Survey. A certificate of survey shall be provided to the City Building Inspector for each lot at the time a building permit is requested for the lot. Attached to the certificate of survey shall be an erosion control plan for the lot showing location and type of all erosion control measures to be used on the lot, and spot elevations, tree preservation plan shall be submitted for each home site. g) Outhouses. The Developer shall provide on-site a sufficient number of portable outhouses to be available for the persons who will be working on-site until Improvements are accepted according to the plans in Exhibit A. h) Property Owners Association. When required as a condition of approval outlined in Exhibit B, the Developer agrees to form a property owners association, membership in which shall be mandatory for all of the lots within this development. The property owners association shall be responsible for maintenance and repair of all common elements as listed in the property owners association documents within this development and the same shall be The Shores of Oneka Lake 2nd Addition 11 maintained in good condition in accordance with all City ordinances and reasonable directions of the City. Developer agrees to provide a copy of the property owners association documents to the City prior to the recording of the final plat. In the event of failure or refusal of any property owners association to so maintain or repair the common elements then the City may, with seven days written notice and without regard to the requirements or formalities of Minn. Stat. §429 perform the work and assess each of the lots within the plat for the cost of the work. i) Intentionally deleted j) The property owners association documents shall advise owners of all lots of the requirements of this Agreement as follows: THE LAND WITHIN THIS PLAT, INCLUDING THE LAND CONVEYED HEREIN, IS BOUND BY RESTRICTIONS IN A DEVELOPMENT AGREEMENT. SAID DEVELOPMENT AGREEMENT IS ON FILE AT THE OFFICE OF THE WASHINGTON COUNTY RECORDER. k) Developer acknowledges that a separate development agreement will be entered into at the time of final plat approval of subsequent phases in the development. That development agreement will address, among other things, necessary improvements to be made, financial guarantees to be provided, and the amount of the development fees to be paid by the Developer. l) Developer shall remove all tree waste, junk, miscellaneous debris, junk vehicles, and any other personal property from the Plat which does not comply with the City Zoning Ordinance until final acceptance of the Improvements. E. DAMAGES AND DEFAULT: 1. Developer agrees to pay liquidated damages to the City if any lot has a real estate closing occur before all public improvements within the Plat are certified as being substantially completed by the City. Specifically, Developer agrees to immediately pay to the City liquidated damages in the amount of Ten Thousand Dollars ($10,000.00) for each lot closing which occurs in violation of this paragraph. The City shall be authorized to retain an appropriate percentage of the financial guarantee referred to in paragraph 4 as security for payment of any liquidated damages owed to the City. Model Homes are exempt from this section. 2. Developer agrees to pay liquidated damages to the City, in the amount of Five Thousand Dollars ($5,000.00), if the Developer encroaches upon any City road right-of-way or utility easement not permitted on the plans without first obtaining a written permit from the City expressly authorizing said encroachment. The City shall be authorized to retain an appropriate percentage of the financial guarantee referred to in paragraph 4 as security for payment of any liquidated damages owed to the City. The Shores of Oneka Lake 2nd Addition 12 3. Events of Default. a) Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement, any one or more of the following events: 1. Subject to unavoidable delays, failure by Developer to commence and complete construction of the Improvements pursuant to the terms, conditions and limitations of this Agreement. 2. Failure by Developer to substantially observe or perform any material covenant, condition, obligation or agreement on their part to be observed or performed under this Agreement. b) Remedies on Default. Whenever any Event of Default occurs, the City, subject to any rights of third parties agreed to by the City pursuant to this Agreement, or otherwise by written, executed instrument of the City, may take any one or more of the following: 1. The City may suspend its performance under the Agreement until it receives assurances from Developer, deemed adequate by the City, that Developer will cure their default and continue their performance under the Agreement. Suspension of performance includes the right of the City to withhold permits including, but not limited to, building permits. 2. The City may initiate such action, including legal or administrative action, as is necessary for the City to secure performance of any provision of this Agreement or recover any amounts due under this Agreement from Developer, or immediately draw on the financial Letter of Credit, as set forth in this Agreement. 4. Enforcement by City; Damages. The Developer acknowledges the right of the City to enforce the terms of this Agreement against the Developer, by action for specific performance or damages, or both, or by any other legally authorized means. The Developer also acknowledges that its failure to perform any or all of their obligations under this Agreement may result in substantial damages to the City; that in the event of default by the Developer, the City may commence legal action to recover all damages, losses and expenses sustained by the City; and that such expenses may include, but are not limited to, the reasonable fees of legal counsel employed with respect to the enforcement of this Agreement. The Shores of Oneka Lake 2nd Addition 13 F. THIS AGREEMENT: 1. Release of Agreement. This Agreement shall run with the land and may be recorded against the title to the property. After the Developer has completed the work required of it under this Agreement, at the Developer’s request the City will execute and deliver to the Developer a release. 2. Warranty of Title. Developer warrants and represents to the City that it is the fee owner of the land described herein, except for a portion of the property, and that it has authority to execute this Agreement, with consent from the other fee owner, and agree to the conditions hereof and to subject the land hereto. Developer also represents and warrants that the use for which this development is sought will not violate any restrictive covenants applying to the property. 3. Binding Effect. This Agreement shall be deemed to be a restrictive covenant and the terms and conditions hereof shall run with the land described herein and be binding on and inure to the benefit of the heirs, representatives and assigns of the parties hereto, and shall be binding upon all future owners of all or any part of the subdivision, and shall be deemed covenants running with the land. Reference herein to the Developers, if there be more than one, shall mean each and all of them. This Agreement shall be placed of record so as to give notice hereof to subsequent purchasers. The cost of said recording shall be borne by the Owner and charged against the escrow account. 4. Restrictions on Transfer/Indemnification. Developer agrees to defend and hold the City, and its officials, employees and agents, harmless against any and all claims, demands, lawsuits, judgments, damages, penalties, costs and expenses, including reasonable attorney's fees, arising out of actions or omissions by Developer, their employees and agents, in connection with the Project. No transfer or assignment of this Agreement shall be made without City approval and any assignment or transfer without such approval shall be void. 5. Incorporation by Reference. All general and special conditions, plans, special provisions, proposals, specifications and contracts for the Plat and for any Improvements furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as if fully set out herein in full. 6. Developer will comply with and promptly perform all of its obligations under this Agreement. The Shores of Oneka Lake 2nd Addition 14 7. Evidence of Title. Developer shall furnish the City with evidence of fee ownership of the property being platted by way of an attorneys title opinion or title insurance commitment dated not earlier than thirty (30) days prior to the execution of the Plat. IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be duly executed on the day and year first above written. The Shores of Oneka Lake 2nd Addition 15 City of Hugo By________________________________ By__________________________________ Tom Weidt, Mayor Michele Lindau, Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this _____ day of __________________, 20__, before me, a Notary Public, personally appeared Tom Weidt, Mayor, and Michele Lindau, Clerk, of the City of Hugo, a Minnesota municipality within the State of Minnesota, and that said instrument was signed on behalf of the City of Hugo by the authority of the City Council of the City of Hugo, and Tom Weidt and Michele Lindau acknowledge said instrument to be the free act and deed of said City of Hugo. __________________________________________ Notary Public The Shores of Oneka Lake 2nd Addition 16 Developer M/I Homes By________________________________ ________________________ Its: ___________________________________ STATE OF MINNESOTA ) ) ss. (Corporate Notary) COUNTY OF WASHINGTON) On this _____ day of _________________, 20__, before me, a Notary Public, within and for said County and State, personally appeared ___________________, to me personally known, who, by me duly sworn did say that they are the _________________ of ____________________________, a _____________________, on behalf of said ____________________. __________________________________________ Notary Public DRAFTED BY: David K. Snyder Johnson & Turner 56 East Broadway Avenue #206 Forest Lake, MN 55025 The Shores of Oneka Lake 2nd Addition 17 EXHIBIT A LIST OF DEVELOPMENT PLANS Sheet No. Plan Date Author Final Plat Recorded at Washington County Carlson McCain 1 Grading, Development and Erosion Control Plans September 30, 2022, revised May 10, 2023 Carlson McCain 2 Cover September 30, 2022, revised May 10, 2023 Carlson McCain 3 Grading, Development and Erosion Control Plan September 30, 2022, revised May 10, 2023 Carlson McCain 4 Grading, Development and Erosion Control Plan September 30, 2022, revised May 10, 2023 Carlson McCain 5 Grading, Development and Erosion Control Plan September 30, 2022, revised May 10, 2023 Carlson McCain 6 Grading, Development and Erosion Control Plan September 30, 2022, revised May 10, 2023 Carlson McCain 7 Grading, Development and Erosion Control Plan September 30, 2022, revised May 10, 2023 Carlson McCain 8 Grading, Development and Erosion Control Plan September 30, 2022, revised May 10, 2023 Carlson McCain 9 Grading, Development and Erosion Control Plan September 30, 2022, revised May 10, 2023 Carlson McCain 10 Temporary Grading at Low Points September 30, 2022, revised May 10, 2023 Carlson McCain 11 Details September 30, 2022, revised May 10, 2023 Carlson McCain 12 Details September 30, 2022, revised May 10, 2023 Carlson McCain 13 Retaining Wall Profiles September 30, 2022, revised May 10, 2023 Carlson McCain 1-12 Sanitary Sewer, Water Main, Storm Sewer, and Street Construction Plans July 19, 2023 Carlson McCain Landscape Plan October 21, 2021, revised January 23, 2023 Carlson McCain The Shores of Oneka Lake 2nd Addition 18 Stormwater Reuse Plan The Shores of Oneka Lake 2nd Addition 19 EXHIBIT B APPROVAL CONDITIONS 1. The final plat is approved to allow the creation of 14 single family lots and 1 outlot, in accordance with the plans and application received by the City on July 20, 2023, except as amended by this resolution. 2. The development shall substantially comply with all plans and conditions of the PUD and preliminary plat approval granted by the City on June 6, 2022. 3. Development standards shall comply with Resolution 2022-32 and 2022-33, and as amended. 4. The developer shall comply with all conditions outlined in the City Engineer’s memo dated August 31, 2023, and revisions required in “redlined” comments from the City Engineer. 5. Outlot use and ownership: Outlot Acres Ownership Use A M/I Homes Future development 6. Temporary drainage and utility easements shall be located over Outlot A. 7. The developer shall design and install a stormwater re-use system for irrigation of the individual lots. 8. The developer shall establish a property owners association for the development to own/operate/maintain common elements, monument signage, landscaping, and the water re-use system. The property owners association documents shall be reviewed and approved by staff prior to recording the plat. The Shores of Oneka Lake 2nd Addition 20 9. The landscaping planned for the plat shall be installed in one phase. The developer shall take proper precautions to protect the trees as the homes are being built. 10. Each home shall include a minimum of 2 parking spaces within the driveway. The driveway widths shall be a maximum of 24 feet at the right of way line. 11. Staff will continue to work with the applicant on the street lighting plan. Exact locations of the street lights shall be reviewed and approved by staff prior to installation. 12. When needed, a Letter of Map Revision will need to be prepared and submitted for FEMA approval so that the existing floodplain boundaries and elevations can be revised per the plans. 13. The developer shall obtain all necessary local, state, and federal permits. 14. The property owners association shall be responsible for maintenance of all development signage (if any) and landscaping within the outlots, common space, and the 159th Street roundabout. 15. Prior to recording the final plat: a) The developer shall provide letter of credits for the development improvements and round-about improvements. The developer shall provide an escrow to the City for the roundabout improvements with the bids are received by the City, plus contingencies. All fees outlined in Exhibit C shall be paid. b) The plans shall be revised to remove proposed development for Outlot C. No development approvals are implied or approved for Outlot C. c) The developer must obtain all necessary stormwater management and wetland conservation act (WCA) permits from the City. d) The developer shall pay $28,322 ($2,023/lot) in full to satisfy the required cash in lieu of parkland dedication requirement. A portion of the Park Dedication was previously satisfied by dedication of 3.89 acres of upland on Outlot G. The Shores of Oneka Lake 2nd Addition 21 e) The developer shall pay the sewer and water trunk fees for each lot at final plat. The City’s SAC and WAC fees will be paid at the time building permits issued. f) The developer shall obtain approval from Xcel Energy on the crossing and encroachment of the powerline easement for improvements within the easement such as grading and trail. g) The applicant shall provide copies of the property owners association documents/covenants for City review and approval. A copy of the document shall be filed for recording with the final plat. h) A stormwater reuse agreement shall be reviewed and approved by staff and recoded at Washington County. i) The developer shall enter into a development agreement, shall agree to complete all improvements, and pay all fees as required by the agreement. 16. Prior to the issuance of building permits: j) The applicant shall file the final plat, development agreement and associated documents with Washington County. Proof of recording shall be provided to the City. k) If a sales trailer is located in the property, a site plan and building elevations shall be submitted for City review and approval. 17. Prior to the issuance of Certificate of Occupancy: l) All public improvement required with the development agreement shall be installed. The Shores of Oneka Lake 2nd Addition 22 EXHIBIT C ESCROWS, FEES AND CHARGES a) Escrow for City Costs and Fees. The Developer shall deposit sufficient escrow with the City as outlined in Section A. 1. The required beginning balance in the account is calculated at $21,521.00. This sum is calculated to be four percent (4%) of the estimate of the required Improvements to be installed to serve the development, plus $5,000 which is the minimum balance required in the account. b) Cash Escrow or Letter of Credit. The Developer shall provide a financial guarantee to the City, in the form of a cash escrow or letter of credit, in the amount equal to one hundred twenty-five percent (125%) of the estimated amount of the required Improvements. This amount has been calculated by the City Engineer to be $672,515. This amount may be reduced upon request of the Developer and approved by the City. At no point shall the Letter of Credit be reduced below ten percent (10%) of the original amount. The City shall have the right to retain the financial guarantee until the Improvements have been completed to the satisfaction of the City and the warranty period has expired. c) Storm Water Trunk Fee. The Developer shall pay the City a Storm Water Trunk Fee in the amount of $12,746.00. This sum is calculated to be $0.07 per square foot for the 182,081 square feet of net developable area within the Plat. This fee shall be paid before the Plat is signed by the City. d) Storm Water Ponding Fee. The storm water ponding requirement has been met by the Developer through the incorporation of on-site ponding. No storm water ponding fee will be applied. e) Snow Plowing. The Developer agrees to pay a one-time lump sum cash escrow to the City to cover the cost of snow plowing the roads within the plat, during the first snow season, before the roads are formally accepted by the City of $.50 per lineal foot. The Developer shall post a cash escrow with the City in the amount of $400.00. g) Street Maintenance. The Developer shall post a one-time lump sum cash escrow with the City in the amount of $3,200.00 to cover the cost of the first street maintenance the streets in the Plat. This sum is calculated to be $4.00 per foot for the 800 feet of streets within the Plat. The Shores of Oneka Lake 2nd Addition 23 h) Park Dedication. The Developer agrees to pay a park dedication fee of $2,023 per lot for residential development payable before the final plat is signed by the City. Said fee shall be due for each of the 14 lots within the Plat (i.e. total due $28,322). i) Cul-de-sac Escrow. N/A j) Escrow for Street Signage. The Developer shall deposit $1,000.00 for 2 street signs k) WCA Escrow. N/A l) Sanitary Sewer Trunk Fee. The Developer shall pay the City a sanitary sewer trunk fee in the amount of $22.848.00. This sum is calculated to be $1,632 per lot for the 14 residential lots within this phase. m) Water Trunk Fee. The Developer shall pay the City water trunk fee in the amount of $20,855.00. This sum is calculated to be $1,960 per lot, with credit provided for the stormwater reuse/irrigation system based on the anticipated reduction in water demand. The reduction is calculated at 24%, resulting in a trunk water fee amount of $1,489.60 per lot. The total is based on the reduced per unit fee applied to the 14 lots in the plat. n) Watermain Oversizing Credit. The Developer shall be provided a credit for watermain oversizing in the amount of $28,460.00. The Shores of Oneka Lake 2nd Addition 24 EXHIBT D IRREVOCABLE LETTER OF CREDIT No._______________ Date: ______________ TO: City of Hugo 14669 Fitzgerald Avenue North Hugo, MN 55038 Dear Sir or Madam: We hereby issue, for the account of __________________________, and in your favor, our Irrevocable Letter of Credit in the amount of $________________, available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, “Drawn under Letter of Credit No. ____________, dated ________________, 200__, of _________________”; b) Be signed by the City Administrator; and, c) Be presented for payment at ____________________________________________ on or before 4:00 p.m. on _______________________, _____. This Letter of Credit shall automatically renew for successive one (1) year terms unless, at least forty-five (45) days prior to the next annual renewal date (which shall be _________________ of each year), the Bank delivers written notice to the Hugo City Clerk that it intends to modify the terms of, or cancel, this Letter of Credit. Written Notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail at least forty-five (45) days prior to the next annual renewal date addressed as follows: Hugo City Clerk, City of Hugo, 14669 Fitzgerald Avenue North, Hugo, Minnesota 55038, and is actually received by the City Clerk at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified or limited by reference to any document, instrument or agreement, whether or not referred to herein. The Shores of Oneka Lake 2nd Addition 25 This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 400. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. By: Its The Shores of Oneka Lake 2nd Addition 26 EXHIBIT E CERTIFICATE OF INSURANCE PROJECT: CERTIFICATE HOLDER: City of Hugo 14669 Fitzgerald Avenue North Hugo, MN 55038 INSURED: ADDITIONAL INSURED: City of Hugo AGENT: WORKERS’ COMPENSATION: Policy No. Effective Date: Expiration Date: Insurance Company: COVERAGE – Workers’ Compensation, Statutory. GENERAL LIABILITY: Policy No. Effective Date: Expiration Date: Insurance Company: ( ) Claims Made ( ) Occurrence LIMITS: [Minimum] The Shores of Oneka Lake 2nd Addition 27 Bodily Injury and Death: $500,000 for one person $1,000,000 for each occurrence Property Damage: $200,000 for each occurrence -OR- Combination of Single Limit Policy $1,000,000 ore more COVERAGE PROVIDED: Operations of Contractor: YES Operations of Sub-Contractor (Contingent): YES Does Personal Injury Include Claims Related to Employment? YES Completed Operations/Products: YES Contractual Liability (Broad Form): YES Governmental Immunity is Waived: YES Property Damage Liability Includes: Damage Due to Blasting YES Damage Due to Collapse YES Damage Due to Underground Facilities YES Broad Form Property Damage YES AUTOMOBILE LIABILITY: Policy No.: Effective Date: Expiration Date: Insurance Company: (X) Any Auto The Shores of Oneka Lake 2nd Addition 28 LIMITS: [Minimum] Bodily Injury: $500,000 each person $1,000,000 each occurrence Property Damage: $500,000 each person -OR- Combined Single Limit Policy: $1,000,000 each occurrence ARE ANY DEDUCTIBLES APPLICABLE TO BODILY INJURY OR PROPERTY DAMAGE ON ANY OF THE ABOVE COVERAGES: If so, list: Amount: $ [Not to exceed $1,000.00] SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL THIRTY (30) DAYS WRITTEN NOTICE TO THE PARTIES TO WHOM THIS CERTIFICATE IS ISSUED. Dated at on BY: Authorized Insurance Representative THE SHORES OF ONEKA LAKE 2ND ADDITIONENGINEERINGSURVEYINGENVIRONMENTAL VICINITY MAPTHE SHORES OF LAKE ONEKA 2ND ADDITIONENGINEERINGSURVEYINGENVIRONMENTALGOODVIEWNORTHAVENUE157THSTREET N. off:\jobs\8861 - 8880\8869 - dell webb - hugo\cad c3d\engineering\final plans\utility\2nd addition\8869_cover.dwgSave Date:07/14/2312Revisions:Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota7/19/23NJP7/19/23Brian J. Krystofiak, P.E.25063BJK#8869THE SHORES OF ONEKA LAKE2ND ADDITIONHugo, MinnesotaM/I HOMES OF MINNEAPOLIS, LLC5354 Parkdale Drive, #100St. Louis Park, Minnesota 554161. VICINITY MAP SITEO N E K AP O N D SCOVER1BENCHMARKSO N E K A L A K E PROPOSEDAPARTMENTS(BY OTHERS )1 S TA D D I T I O NF U T U R EA D D I T I O NHugo, MinnesotaTHE SHORES OF ONEKA LAKESANITARY SEWER, WATER MAIN, STORM SEWERAND STREET CONSTRUCTION PLANS2 N DA D D I T I O N2ND ADDITION off:\jobs\8861 - 8880\8869 - dell webb - hugo\cad c3d\engineering\final plans\utility\2nd addition\8869_cover.dwgSave Date:07/14/2312Revisions:Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota7/19/23NJP7/19/23Brian J. Krystofiak, P.E.25063BJK#8869THE SHORES OF ONEKA LAKE2ND ADDITIONHugo, MinnesotaM/I HOMES OF MINNEAPOLIS, LLC5354 Parkdale Drive, #100St. Louis Park, Minnesota 554161.Know what'sbelow.before you dig.CallRINDEX2BENCHMARKSO N E K AP O N D S1 S TA D D I T I O N2 N DA D D I T I O N 3SANITARY SEWER &WATER MAINoff:\jobs\8861 - 8880\8869 - dell webb - hugo\cad c3d\engineering\final plans\utility\2nd addition\8869_utility.dwgSave Date:07/14/2312Revisions:Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota7/19/23NJP7/19/23Brian J. Krystofiak, P.E.25063BJK#8869THE SHORES OF ONEKA LAKE2ND ADDITIONHugo, MinnesotaM/I HOMES OF MINNEAPOLIS, LLC5354 Parkdale Drive, #100St. Louis Park, Minnesota 554161.BENCHMARKS935930925920915910905935930925920915910905900940940O N E K AP O N D S1 S TA D D I T I O NGOODVIEW AVENUE N157TH STREET N 4STORM SEWER940935930925920915910off:\jobs\8861 - 8880\8869 - dell webb - hugo\cad c3d\engineering\final plans\utility\2nd addition\8869_utility.dwgSave Date:07/14/2312Revisions:Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota7/19/23NJP7/19/23Brian J. Krystofiak, P.E.25063BJK#8869THE SHORES OF ONEKA LAKE2ND ADDITIONHugo, MinnesotaM/I HOMES OF MINNEAPOLIS, LLC5354 Parkdale Drive, #100St. Louis Park, Minnesota 554161.BENCHMARKS930925920915910905900935940905 5STREET CONSTRUCTIONoff:\jobs\8861 - 8880\8869 - dell webb - hugo\cad c3d\engineering\final plans\utility\2nd addition\8869_street.dwgSave Date:07/14/2312Revisions:Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota7/19/23NJP7/19/23Brian J. Krystofiak, P.E.25063BJK#8869THE SHORES OF ONEKA LAKE2ND ADDITIONHugo, MinnesotaM/I HOMES OF MINNEAPOLIS, LLC5354 Parkdale Drive, #100St. Louis Park, Minnesota 554161.BENCHMARKS945940935930925920945940935930925920915915910O N E K AP O N D S1 S TA D D I T I O NGOODVIEW AVENUE N910905 off:\jobs\8861 - 8880\8869 - dell webb - hugo\cad c3d\engineering\final plans\utility\2nd addition\8869_detail.dwgSave Date:07/14/2312Revisions:Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota7/19/23NJP7/19/23Brian J. Krystofiak, P.E.25063BJK#8869THE SHORES OF ONEKA LAKE2ND ADDITIONHugo, MinnesotaM/I HOMES OF MINNEAPOLIS, LLC5354 Parkdale Drive, #100St. Louis Park, Minnesota 554161.DETAILS6 off:\jobs\8861 - 8880\8869 - dell webb - hugo\cad c3d\engineering\final plans\utility\2nd addition\8869_detail.dwgSave Date:07/14/2312Revisions:Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota7/19/23NJP7/19/23Brian J. Krystofiak, P.E.25063BJK#8869THE SHORES OF ONEKA LAKE2ND ADDITIONHugo, MinnesotaM/I HOMES OF MINNEAPOLIS, LLC5354 Parkdale Drive, #100St. Louis Park, Minnesota 554161.DETAILS7 off:\jobs\8861 - 8880\8869 - dell webb - hugo\cad c3d\engineering\final plans\utility\2nd addition\8869_detail.dwgSave Date:07/14/2312Revisions:Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota7/19/23NJP7/19/23Brian J. Krystofiak, P.E.25063BJK#8869THE SHORES OF ONEKA LAKE2ND ADDITIONHugo, MinnesotaM/I HOMES OF MINNEAPOLIS, LLC5354 Parkdale Drive, #100St. Louis Park, Minnesota 554161.DETAILS8 off:\jobs\8861 - 8880\8869 - dell webb - hugo\cad c3d\engineering\final plans\utility\2nd addition\8869_detail.dwgSave Date:07/14/2312Revisions:Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota7/19/23NJP7/19/23Brian J. Krystofiak, P.E.25063BJK#8869THE SHORES OF ONEKA LAKE2ND ADDITIONHugo, MinnesotaM/I HOMES OF MINNEAPOLIS, LLC5354 Parkdale Drive, #100St. Louis Park, Minnesota 554161.DETAILS9 off:\jobs\8861 - 8880\8869 - dell webb - hugo\cad c3d\engineering\final plans\utility\2nd addition\8869_detail.dwgSave Date:07/14/2312Revisions:Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota7/19/23NJP7/19/23Brian J. Krystofiak, P.E.25063BJK#8869THE SHORES OF ONEKA LAKE2ND ADDITIONHugo, MinnesotaM/I HOMES OF MINNEAPOLIS, LLC5354 Parkdale Drive, #100St. Louis Park, Minnesota 554161.DETAILS10FRAMECURBFRAME off:\jobs\8861 - 8880\8869 - dell webb - hugo\cad c3d\engineering\final plans\utility\2nd addition\8869_detail.dwgSave Date:07/14/2312Revisions:Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota7/19/23NJP7/19/23Brian J. Krystofiak, P.E.25063BJK#8869THE SHORES OF ONEKA LAKE2ND ADDITIONHugo, MinnesotaM/I HOMES OF MINNEAPOLIS, LLC5354 Parkdale Drive, #100St. Louis Park, Minnesota 554161.DETAILS11 off:\jobs\8861 - 8880\8869 - dell webb - hugo\cad c3d\engineering\final plans\utility\2nd addition\8869_detail.dwgSave Date:07/14/2312Revisions:Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota7/19/23NJP7/19/23Brian J. Krystofiak, P.E.25063BJK#8869THE SHORES OF ONEKA LAKE2ND ADDITIONHugo, MinnesotaM/I HOMES OF MINNEAPOLIS, LLC5354 Parkdale Drive, #100St. Louis Park, Minnesota 554161.DETAILS12 COVER1Know what'sbelow.before you dig.CallRHugo, MinnesotaTHE SHORES OF ONEKA LAKEM/I HOMES OF MINNEAPOLIS, LLC5354 Parkdale Drive, #100St. Louis Park, Minnesota 55416ofTHE SHORES OF ONEKA LAKEHugo, Minnesotaoff:\jobs\8861 - 8880\8869 - dell webb - hugo\cad c3d\engineering\final plans\grading\8869_gr-cvr.dwgSave Date:07/14/2313Revisions:1. 11/29/22 per City Comments.Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota09/30/22LOC09/30/22Brian J. Krystofiak, P.E.25063BJK#88692. 12/29/22 per City Comments.3. 1/6/23 per City Comments.GRADING, DEVELOPMENT & EROSION CONTROL PLANSBENCHMARKS VICINITY MAP SITE. . . . . . .67$*,1* $R($ %< 27+(R6 6(( 6+2R(6 2) 21(.$$3$R70(17*R$' ,1*(;+,% ,7 3+$6(,3+$6(,,3+$6(,,3+$6(,,3+$6(,4. 1/20/23 Rev. Sht. 75. 2/23/23 per Street Names and Apartment Site Updates.6. 3/20/23 Revise Grading of Lots 247 & 248.8. 5/10/23 Revise Retaining Walls 2 & 3 (Sheets 5 & 13).7. 3/27/23 Revise Grading North of 159th Street N (Sheet 7).9. 7/19/23 per 2nd Addition (Sheets 1-4)1 S T A D D I T I O N1 S T A D D I T I O N2 N D A D D I T I O N1 S T A D D I T I O N 920925930935940945950Know what'sbelow.before you dig.CallR2COVERBENCHMARKSM/I HOMES OF MINNEAPOLIS, LLC5354 Parkdale Drive, #100St. Louis Park, Minnesota 55416ofTHE SHORES OF ONEKA LAKEHugo, Minnesotaoff:\jobs\8861 - 8880\8869 - dell webb - hugo\cad c3d\engineering\final plans\grading\8869_gr-index.dwgSave Date:07/14/2313Revisions:1. 11/29/22 per City Comments.Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota09/30/22LOC09/30/22Brian J. Krystofiak, P.E.25063BJK#88692. 12/29/22 per City Comments.3. 1/6/23 per City Comments. WETLAND FILL SUMMARY PHASE IPHASE IIPHASE IIPHASE IIPHASE IPHASE IPHASE I67$*,1*$R($ %< 27+(R6 6((6+2R(6 2) 21(.$$3$R70(17*R$' ,1* .. . . . . . .4. 2/23/23 per Street Names and Apartment Site Updates.5. 3/20/23 Revise Grading of Lots 247 & 248.6. 3/27/23 Revise Grading North of 159th Street N (Sheet 7).2 N D A D D I T I O N1 S T A D D I T I O N1 S T A D D I T I O N1 S T A D D I T I O NF U T U R E A D D I T I O NF U T U R E A D D I T I O N7. 7/19/23 per 2nd Addition 3GRADING, DEVELOPMENT& EROSION CONTROL PLANBENCHMARKSM/I HOMES OF MINNEAPOLIS, LLC5354 Parkdale Drive, #100St. Louis Park, Minnesota 55416ofTHE SHORES OF ONEKA LAKEHugo, Minnesotaoff:\jobs\8861 - 8880\8869 - dell webb - hugo\cad c3d\engineering\final plans\grading\8869_gr.dwgSave Date:07/14/2313Revisions:1. 11/29/22 per City Comments.Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota09/30/22LOC09/30/22Brian J. Krystofiak, P.E.25063BJK#88692. 12/29/22 per City Comments.3. 1/6/23 per City Comments.PHASE IPH. II4. 2/23/23 per Street Names and Apartment Site Updates.1 S T A D D I T I O N2 N D A D D I T I O N5. 7/19/23 per 2nd Addition 4BENCHMARKSM/I HOMES OF MINNEAPOLIS, LLC5354 Parkdale Drive, #100St. Louis Park, Minnesota 55416ofTHE SHORES OF ONEKA LAKEHugo, Minnesotaoff:\jobs\8861 - 8880\8869 - dell webb - hugo\cad c3d\engineering\final plans\grading\8869_gr.dwgSave Date:07/14/2313Revisions:1. 11/29/22 per City Comments.Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota09/30/22LOC09/30/22Brian J. Krystofiak, P.E.25063BJK#88692. 12/29/22 per City Comments.3. 1/6/23 per City Comments.GRADING, DEVELOPMENT& EROSION CONTROL PLANPHASE IPHASE II4. 2/23/23 per Street Names and Apartment Site Updates.1 S T A D D I T I O N1 S T A D D I T I O N2 N D A D D I T I O N5. 7/19/23 per 2nd Addition 5BENCHMARKSM/I HOMES OF MINNEAPOLIS, LLC5354 Parkdale Drive, #100St. Louis Park, Minnesota 55416ofTHE SHORES OF ONEKA LAKEHugo, Minnesotaoff:\jobs\8861 - 8880\8869 - dell webb - hugo\cad c3d\engineering\final plans\grading\8869_gr.dwgSave Date:07/14/2313Revisions:1. 11/29/22 per City Comments.Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota09/30/22LOC09/30/22Brian J. Krystofiak, P.E.25063BJK#88692. 12/29/22 per City Comments.3. 1/6/23 per City Comments.GRADING, DEVELOPMENT& EROSION CONTROL PLANPHASE IPHASE I4. 2/23/23 per Street Names and Apartment Site Updates.5. 3/20/23 Revise Grading of Lots 247 & 248.6. 5/10/23 Rev. ret. walls 2 & 3 (per owner).1 S T A D D I T I O N 6BENCHMARKSM/I HOMES OF MINNEAPOLIS, LLC5354 Parkdale Drive, #100St. Louis Park, Minnesota 55416ofTHE SHORES OF ONEKA LAKEHugo, Minnesotaoff:\jobs\8861 - 8880\8869 - dell webb - hugo\cad c3d\engineering\final plans\grading\8869_gr.dwgSave Date:07/14/2313Revisions:1. 11/29/22 per City Comments.Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota09/30/22LOC09/30/22Brian J. Krystofiak, P.E.25063BJK#88692. 12/29/22 per City Comments.3. 1/6/23 per City Comments.GRADING, DEVELOPMENT& EROSION CONTROL PLANPHASE IPHASE II4. 2/23/23 per Street Names and Apartment Site Updates.1 S T A D D I T I O N 7BENCHMARKSM/I HOMES OF MINNEAPOLIS, LLC5354 Parkdale Drive, #100St. Louis Park, Minnesota 55416ofTHE SHORES OF ONEKA LAKEHugo, Minnesotaoff:\jobs\8861 - 8880\8869 - dell webb - hugo\cad c3d\engineering\final plans\grading\8869_gr.dwgSave Date:07/14/2313Revisions:1. 11/29/22 per City Comments.Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota09/30/22LOC09/30/22Brian J. Krystofiak, P.E.25063BJK#88692. 12/29/22 per City Comments.3. 1/6/23 per City Comments.GRADING, DEVELOPMENT& EROSION CONTROL PLANPHASE ISTAGING AREA BY OTHERS(SEE SHORES OF ONEKAAPARTMENT GRADINGEXHIBIT)PHASE I4. 1/20/23 Adjust bottom of re-use basin (east of ditch)5. 2/23/23 per Street Names and Apartment Site Updates.5. 3/27/23 Revise Grading North of 159th Street N.1 S T A D D I T I O N 8BENCHMARKSM/I HOMES OF MINNEAPOLIS, LLC5354 Parkdale Drive, #100St. Louis Park, Minnesota 55416ofTHE SHORES OF ONEKA LAKEHugo, Minnesotaoff:\jobs\8861 - 8880\8869 - dell webb - hugo\cad c3d\engineering\final plans\grading\8869_gr.dwgSave Date:07/14/2313Revisions:1. 11/29/22 per City Comments.Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota09/30/22LOC09/30/22Brian J. Krystofiak, P.E.25063BJK#88692. 12/29/22 per City Comments.3. 1/6/23 per City Comments.GRADING, DEVELOPMENT& EROSION CONTROL PLANPHASE IPHASE II4. 2/23/23 per Street Names and Apartment Site Updates. 9BENCHMARKSM/I HOMES OF MINNEAPOLIS, LLC5354 Parkdale Drive, #100St. Louis Park, Minnesota 55416ofTHE SHORES OF ONEKA LAKEHugo, Minnesotaoff:\jobs\8861 - 8880\8869 - dell webb - hugo\cad c3d\engineering\final plans\grading\8869_gr.dwgSave Date:07/14/2313Revisions:1. 11/29/22 per City Comments.Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota09/30/22LOC09/30/22Brian J. Krystofiak, P.E.25063BJK#88692. 12/29/22 per City Comments.3. 1/6/23 per City Comments.GRADING, DEVELOPMENT& EROSION CONTROL PLANPHASE IPHASE I I4. 2/23/23 per Street Names and Apartment Site Updates. 10TEMPORARY GRADINGAT LOW POINTSBENCHMARKSM/I HOMES OF MINNEAPOLIS, LLC5354 Parkdale Drive, #100St. Louis Park, Minnesota 55416ofTHE SHORES OF ONEKA LAKEHugo, Minnesotaoff:\jobs\8861 - 8880\8869 - dell webb - hugo\cad c3d\engineering\final plans\grading\8869_temp_gr.dwgSave Date:11/30/2213Revisions:1. 11/29/22 per City Comments.Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota09/30/22LOC09/30/22Brian J. Krystofiak, P.E.25063BJK#88692. 12/29/22 per City Comments.3. 1/6/23 per City Comments.PHASE IPH. IIPHASE IPH. IIPH. II 11DETAILSM/I HOMES OF MINNEAPOLIS, LLC5354 Parkdale Drive, #100St. Louis Park, Minnesota 55416ofTHE SHORES OF ONEKA LAKEHugo, Minnesotaoff:\jobs\8861 - 8880\8869 - dell webb - hugo\cad c3d\engineering\final plans\grading\8869_detail.dwgSave Date:05/10/2313Revisions:1. 11/29/22 per City Comments.Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota09/30/22LOC09/30/22Brian J. Krystofiak, P.E.25063BJK#88692. 12/29/22 per City Comments.3. 1/6/23 per City Comments. FRAMECURBFRAME12DETAILSM/I HOMES OF MINNEAPOLIS, LLC5354 Parkdale Drive, #100St. Louis Park, Minnesota 55416ofTHE SHORES OF ONEKA LAKEHugo, Minnesotaoff:\jobs\8861 - 8880\8869 - dell webb - hugo\cad c3d\engineering\final plans\grading\8869_detail.dwgSave Date:05/10/2313Revisions:1. 11/29/22 per City Comments.Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota09/30/22LOC09/30/22Brian J. Krystofiak, P.E.25063BJK#88692. 12/29/22 per City Comments.3. 1/6/23 per City Comments.4. 2/23/23 per Street Names and Apartment Site Updates. M/I HOMES OF MINNEAPOLIS, LLC5354 Parkdale Drive, #100St. Louis Park, Minnesota 55416ofTHE SHORES OF ONEKA LAKEHugo, Minnesotaoff:\jobs\8861 - 8880\8869 - dell webb - hugo\cad c3d\engineering\final plans\grading\8869_detail.dwgSave Date:05/10/2313Revisions:1. 11/29/22 per City Comments.Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota09/30/22LOC09/30/22Brian J. Krystofiak, P.E.25063BJK#88692. 12/29/22 per City Comments.3. 1/6/23 per City Comments.13RETAINING WALL PROFILESFUTURE 4. 5/10/23 Rev. ret. walls 2 & 3 (per owner). Agenda Number G.9 CITY OF HUGO COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT TO: Bryan Bear, City Administrator FROM: Max Gort, Associate Planner SUBJECT: Heidi Harvieux. – Request for a minor subdivision for property located on Jody Avenue North DATE: August 31, 2023 for the City Council meeting of September 5, 2023 ZONING: Agricultural (AG) REVIEW DEADLINE: October 2, 2023 1.PLANNING COMMISSION UPDATE: At its August 24, 2023 meeting the Planning Commission held a public hearing and considered the minor subdivision request. Staff provided background and a recommendation of approval of the request. No one spoke at the Public Hearing. The Planning Commission agreed that the application met the requirements necessary to approve a minor subdivision and unanimously recommended approval to the City Council. 2.DESCRIPTION OF REQUEST: The applicant is requesting approval of a minor subdivision to create two lots out of a 40.06 acre lot. The lots created would be two parcels that are 30.06 and 10 acres in size. 2.CONTEXT: A.Surrounding Land Use and Zoning The surrounding properties to the north, east, south, and west are zoned Agricultural and are developed as agricultural or residential homes. B.Natural Characteristics of Site The property is relatively flat with some lower lying channels that have drained irrigation. There are approximately 2.92 acres of wetland on the site. 3.ANALYSIS: Harvieux Minor Subdivision A. Level of City Discretion in Decision-Making The City has limited discretion in approving or denying a minor subdivision application. The City’s discretion is limited to whether or not the proposed subdivision meets the standards outlined in the Comprehensive Land Use Regulations. If it meets these standards, the City must approve the subdivision. B. Consistency with Ordinance Standards Minor Subdivision Request Lot Size The Agricultural zoning district requires a minimum lot size of 10 acres with a 300-foot minimum width and a minimum depth of 480 feet. The two proposed lots will meet these requirements. Utilities The property is currently outside of the Metropolitan Urban Service Area (MUSA), which means the property is not eligible to receive City sewer and water. Services are not currently available to the site or planned for the site in the future. Any parcel proposed to be future home sites and would need a new well and septic system. The applicant has submitted a soil test indicating that there is sufficient space on the new parcel s that is suitable for a septic system on both proposed parcels. The locations have been approved by Washington County. Grading and Wetlands A grading plan will have to be submitted to the City prior to the issuance of a building permit for the proposed lot. The applicant shall demonstrate the building sites will comply with the City’s regulations regarding building elevation related to groundwater. A permit will need to be obtained from the City for the location of the new driveway. Prior to the issuance of any building permit the applicant shall demonstrate that the proposed home and buildings will not impact any wetlands. Stormwater management Prior to the issuance of any building permits the applicant shall demonstrate that the proposed parcels meet the Brown’s Creek Watershed District Rules regarding stormwater management and erosion control. Harvieux Minor Subdivision Streets The proposed parcels have access to Jody Avenue North, an existing County State-Aid Highway. At the time of application for a building permit, the applicant shall apply for a driveway permit as well as obtain necessary access permits from Washington County. Sidewalks/Trails There is a proposed trail in the 2040 Comprehensive Plan along Jody Avenue North. Prior to the issuance of any building permit, the applicant will need to demonstrate that the proposed trail will not be impacted. Park Dedication and Open Space A park dedication is required of all land subdivided for residential purposes. The applicant will not be dedicating parkland with this project, and would therefore be responsible for the parkland dedication fee, currently set at $3,400 per lot. The applicant is only responsible to pay for the creation of 1 lots. 4. STAFF RECOMMENDATION: Staff is of the opinion that the requested minor subdivision meets the City Code requirements and guidelines outlined in the 2040 Comprehensive Plan. Staff recommends the City Council approve the minor subdivision subject to the conditions listed in the attached resolution. 5. PLANNING COMMISSION RECOMMENDATION: The Planning Commission agreed that the application met the requirements necessary to approve a minor subdivision and unanimously recommended approval to the City Council. ATTACHMENTS: 1. Location Map 2. Minor Subdivision Survey 3. Draft Resolution Approving the Minor Subdivision 4. Sewage Treatment System Approval Letter NORTH LINE OF THES.E. 1/4 OF N.W. 1/4,SEC. 36, T. 31, R. 21JODY AVENUE S0°28'54"W 991.04S0°28'54"W 329.85S89°57'52"W 1320.82S89°58'09"E 1320.18S0°30'31"W 992.56 S0°30'31"W 329.85 OHEOHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE 51.65#12660WEST LINE OF THE S.E. 1/4 OF N.W. 1/4, SEC. 36, T. 31, R. 21 EAST LINE OF THE S.E. 1/4 OF N.W. 1/4, SEC. 36, T. 31, R. 21SOUTH LINE OF THES.E. 1/4 OF THE N.W. 1/4,SEC. 36, T. 31, R. 2150505050XX X X X X X X X X X X X9909889869849869889909909889869849 8 2 9809809821234ELEV=988.29ELEV=987.41ELEV=987.20ELEV=988.20TEST AREA =10,351 SQ.FT.S89°57'52"W 1320.66TEST AREA =11,809 SQ.FT.897106WETLANDWETLANDSBSBSBSBSBSBSBSBSBSoutheast cornerS.E. 1/4 of the N.W. 1/4Northwest cornerS.E. 1/4 of the N.W. 1/45050(HWY. R/W PER BOOK 257, PAGE 443 50.0050.00 DOCUMENT NO. 228981)122ND ST NJODY AVE NKELLER AVE NJULY AVE N SOUTHSCHOOLSECTIONLAKEMINOR SUBDIVISION FILE NUMBER:CHECKED BY:DATE:SCALE:DRAWN BY:I HEREBY CERTIFY THAT THIS SURVEY, PLAN, OR REPORT WAS PREPARED BYME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSEDLAND SURVEYOR UNDER THE LAWS OF THE STATE OFDATE:LIC. NO.DATEAMENDMENTSPREPARED FOR:BYHEIDI HARVIEUXMINNESOTAKelly L. Jordan08/02/202342648July 2023AS SHOWNJASKLJ2023-10836© 2023 WIDSETH SMITH NOLTING & ASSOCIATES, INC.LEGEND SURVEY NOTES:1.Orientation of this bearing system is based on the Washington County Coordinate System NAD83 (1986 adj.) 4. Contours shown are LIDAR derived on NAVD 88 datum provided by MNDNR. The electronic LiDAR data was ordered and received on 06/02/2023.2. The subject property is a vacant parcel consisting of crop land without trees. The PID No. 36.031.21.24.0001.The current City of Hugo regulations governing building elevations are as follows:Lowest Building opening elevations shall meet the following criteria:3. The property is zoned AG (Agricultural) per City of Hugo Zoning Map.At least 3 feet above the 100-year high water elevation of adjacent surface watersBuilding setbacks (Per City of Hugo Zoning Ordinance)Lowest floor elevations shall meet all of the following criteriaFront yard:= 40 feetAt least 2 feet above the 100-year flood elevation of adjacent surface watersSide yard:= 20 feetAt least 1 foot above the emergency overflow of adjacent wetlands or ditchesRear yard:= 50 feetAt least 4 feet above the currently observed groundwater elevations in the area (based on a soil boring at the building site)Wetland:= 25 feetAt least 2 feet above the elevation of any known historic high groundwater elevations for the areaZoning District RegulationsMinimum Lot area:= 10 AcresMinimum Lot Width:= 300 feet at front setback line5.The property lies within Zone X, areas determined to be outside the 0.2% annual chance floodplain Minimum Lot Depth:= 480 feetper FEMA Map No. 27163C0143E, effective date February 2, 2010.Maximum impervious:= 35%DENOTES SET 1/2" IRON PIPE MONUMENT W/ CAP 426480SCALE ( IN FEET )100200NORTHRIGHT-OF-WAY LINEDELINEATED WETLAND EDGE DONE BYJACOBSON ENVIRONMENTAL (REPORT MAY 19, 2023)EXISTING DESCRIPTION (Quit Claim Deed No. 3993175)The North half of the Northwest quarter (N ½ NW ¼), Section 36, Township 31, Range 21, except those portions previously conveyed.The Southeast quarter of the Northwest quarter (SE ¼ NW ¼), Section 36, Township 31, Range 21.The Southwest quarter of the Northeast quarter (SW ¼ NE ¼), Section 36, Township 31, Range 21, except those portions previously conveyed.Government Lot 2, Section 36, Township 31, Range 21, except those portions previously conveyed.The Northeast quarter of the Northeast quarter (NE ¼ NE ¼), Section 35, Township 31, Range 21, except the East 604.8 feet of the South 695.74 feet; and except the East 499 feet of the North 700 feet and except those conveyancesdescribed in Document No. 474339 and Document No. 532436 on file with the Washington County Recorder.Except those parcels described on Exhibit B.EXHIBIT BThat part of the North Five Hundred (500.00) feet of the North Half of the Northwest Quarter (N ½ of NW ¼) of Section Thirty-six (36), in Township Thirty-one (31) North, or Range Twenty-one (21) West, Washington County, Minnesota,lying easterly of the center line of County State Aid Highway No. 8A (also known as 130th Street North and Jody Avenue North.)ANDThat part of Government Lot Seven (7) in Section Twenty-five (25) and Government Lot Two (2) in Section Thirty-six (36), all in said Township Thirty-one (31) North, of Range Twenty-one (21) West, Washington County, Minnesota,described jointly as follows:Beginning at the north quarter corner of said Section Thirty-six (36); thence 179°39'59” assumed azimuth from North along the north-south quarter line of said Section Thirty-six (36), a distance at Five Hundred and One Hundredth(500.01) feet; thence 77°49'50” to the shoreline of South School Section Lake, thence northwesterly, northerly and westerly along said shoreline to the point of intersection with a straight line drawn between the north and south quartercorners of said Section Twenty-five (25); thence southerly along said straight line to the point of beginning. Subject to County State Aid Highway No. 8A (also known as 130th Street North and Jody Avenue North). Subject to and togetherwith any other valid easements, restrictions and reservations. According to the United States Government Survey thereof.ANDAll that part of the Northeast ¼ of Section 36, Township 31, Range 21, Washington County, Minnesota that is described as follows:Commencing at the Northeast corner on the Northeast ¼ of Section 36; thence South 0°31'04” East, on a assumed bearing, along the East line of said Northeast ¼ for a distance of 1042.90 feet; thence North 60°22'04” West a distance of527.15 feet to the point of beginning of the land to be described, said point of beginning also being the centerline of Keller Avenue (County Road No. 57) as improved; thence continuing North 60°22'04” West a distance of 992.46 feet;thence South 21°52'12” West a distance of 1131.06 feet; thence South 89°10'58” thence West, a distance of 228.74 feet to the Northwest corner of the Northeast ¼ of the Southwest ¼ of the Northeast ¼ of said Section 36; thence South0°22'46” East, along the West line of said Northeast ¼ of the Southwest ¼ of the Northeast ¼, a distance of 593.90 feet; thence North 89°10'58” East, parallel the South line of said Northeast ¼ of the Southwest ¼ of the Northeast ¼, adistance of 700.29 feet to the centerline of said Keller Avenue; thence Northeasterly along said centerline on a non-tangential curve concave to the East and having a central angle of 1°25'21” with a radius of 763.71 feet for an arcdistance of 18.96 feet, the chord of said curve bears North 11°50'07” East, thence North 12°32'47” East, along said centerline tangent to last said curve a distance of 311.51 feet; thence Northeasterly along said centerline on a tangentialcurve concave to the Southeast and having a central angle of 35°05'49” with a radius of 533.32 feet for an arc distance of 326.69 feet; thence North 47°38'36” East, along said centerline tangent to last said curve a distance of 603.07 feet;thence Northeast along said centerline on a tangential curve concave to the Northwest and having a central angle of 8°35'50” with a radius of 1256.36 for an arc distance of 189.61 feet to the point of beginning.qPROPOSED DESCRIPTIONS:PARCEL AThe South 329.85 feet of the of the Southeast Quarter of the Northwest Quarter of Section 36, Township 31, Range 21, Washington County, Minnesota.Subject to County Highway No. 8A per Highway Easement Doc. No. 228981.PARCEL BThe North Half of the Northwest Quarter of Section 36, Township 31, Range 21, Washington County, Minnesota except those portions previously conveyed.ANDThat part of the Southeast Quarter of the Northwest Quarter of said Section 36, lying North of the South 329.85 feet thereof.ANDThe Southwest Quarter of the Northeast Quarter of said Section 36 except those portions previously conveyed.ANDGovernment Lot 2 of said Section 36 except those portions previously conveyed.ANDThe Northeast Quarter of the Northeast Quarter, Section 35, said Township 31, Range 21, except the East 604.8 feet of the South 695.74 feet; and except the East 499 feet of the North 700 feet and except those conveyances describedin Document No. 474339 and Document No. 532436 on file with the Washington County Recorder.Except those parcels described on Exhibit B.EXHIBIT BThat part of the North Five Hundred (500.00) feet of the North Half of the Northwest Quarter (N ½ of NW ¼) of Section Thirty-six (36), in Township Thirty-one (31) North, or Range Twenty-one (21) West, Washington County, Minnesota,lying easterly of the center line of County State Aid Highway No. 8A (also known as 130th Street North and Jody Avenue North.)ANDThat part of Government Lot Seven (7) in Section Twenty-five (25) and Government Lot Two (2) in Section Thirty-six (36), all in said Township Thirty-one (31) North, of Range Twenty-one (21) West, Washington County, Minnesota,described jointly as follows:Beginning at the north quarter corner of said Section Thirty-six (36); thence 179°39'59” assumed azimuth from North along the north-south quarter line of said Section Thirty-six (36), a distance at Five Hundred and One Hundredth(500.01) feet; thence 77°49'50” to the shoreline of South School Section Lake, thence northwesterly, northerly and westerly along said shoreline to the point of intersection with a straight line drawn between the north and southquarter corners of said Section Twenty-five (25); thence southerly along said straight line to the point of beginning. Subject to County State Aid Highway No. 8A (also known as 130th Street North and Jody Avenue North). Subject to andtogether with any other valid easements, restrictions and reservations. According to the United States Government Survey thereof.ANDAll that part of the Northeast ¼ of Section 36, Township 31, Range 21, Washington County, Minnesota that is described as follows:Commencing at the Northeast corner on the Northeast ¼ of Section 36; thence South 0°31'04” East, on a assumed bearing, along the East line of said Northeast ¼ for a distance of 1042.90 feet; thence North 60°22'04” West a distanceof 527.15 feet to the point of beginning of the land to be described, said point of beginning also being the centerline of Keller Avenue (County Road No. 57) as improved; thence continuing North 60°22'04” West a distance of 992.46feet; thence South 21°52'12” West a distance of 1131.06 feet; thence South 89°10'58” thence West, a distance of 228.74 feet to the Northwest corner of the Northeast ¼ of the Southwest ¼ of the Northeast ¼ of said Section 36; thenceSouth 0°22'46” East, along the West line of said Northeast ¼ of the Southwest ¼ of the Northeast ¼, a distance of 593.90 feet; thence North 89°10'58” East, parallel the South line of said Northeast ¼ of the Southwest ¼ of the Northeast¼, a distance of 700.29 feet to the centerline of said Keller Avenue; thence Northeasterly along said centerline on a non-tangential curve concave to the East and having a central angle of 1°25'21” with a radius of 763.71 feet for an arcdistance of 18.96 feet, the chord of said curve bears North 11°50'07” East, thence North 12°32'47” East, along said centerline tangent to last said curve a distance of 311.51 feet; thence Northeasterly along said centerline on a tangentialcurve concave to the Southeast and having a central angle of 35°05'49” with a radius of 533.32 feet for an arc distance of 326.69 feet; thence North 47°38'36” East, along said centerline tangent to last said curve a distance of 603.07feet; thence Northeast along said centerline on a tangential curve concave to the Northwest and having a central angle of 8°35'50” with a radius of 1256.36 for an arc distance of 189.61 feet to the point of beginning.DENOTES FOUND 1/2" IRON PIPE MONUMENT W/ CAP42648 UNLESS LABELED OTHERWISE ON DWGDENOTES SET SPIKE ON POLELECTRIC POLESIGNPOSTOHEOHEXXXXXBARBED WIRE FENCEOVERHEAD ELECTRICBITUMINOUS SURFACEGRAVEL SURFACESOIL BORING TEST AREAS:DONE BY: ED EKLIN SEPTIC SYSTEM DESIGNDATED: July 9, 2023Parcel AGROUND ELEV. MOTTLED SOILSOIL BORING NO. 1988.3985.7SOIL BORING NO. 2988.2983.2SOIL BORING NO. 3987.2984.7SOIL BORING NO. 4987.4983.6Minimum Low Floor Elevation must be 4 feet above 985.7 per Soil Boring No. 1Parcel BSOIL BORING NO. 6990.0983.0test clearSOIL BORING NO. 7990.3985.3 test clearSOIL BORING NO. 8989.0986.5SOIL BORING NO. 9990.3988.3SOIL BORING NO. 10 990.0 988.1Minimum Low Floor Elevation must be 4 feet above 988.3 per Soil Boring No. 9.If building outside of the test area, additional borings shall be required for floor elevation.VICINITY MAPSEC. 36, TWP. 31, RNG. 21,WASHINGTON COUNTYNORTH CERTIFICATE OF SURVEYNOT TO SCALE RESOLUTION 2023-XX APPROVING A MINOR SUBDIVISION FOR HEIDI HARVIEUX FOR PROPERTY LOCATED ON JODY AVENUE NORTH WHEREAS, an application has been filed by Heidi Harvieux that requests approval of a minor subdivision for property located on Jody Avenue North. WHEREAS, the subject property is legally described as follows: See Attached WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing on August 24, 2023, 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 minor subdivision for Heidi Harvieux, subject to the following conditions: 1. A minor subdivision is approved to allow the creation of two lots, in accordance with the plans and application received by the City on August 3, 2023. 2. Prior to recording the minor subdivision: a. The park dedication shall be cash-in-lieu of dedication for a total of $3,400. b. A 50-foot-wide roadway easement shall be dedicated to Washington County for the right-of-way for Jody Avenue North. 3. Prior to issuance of any building permit: a. The applicant shall provide a grading plan that reflects the current topography and proposed grading. b. The applicant shall demonstrate that the parcels are able to meet the Brown’s Creek Watershed District Rules. c. The applicant shall demonstrate the building sites will comply with the City’s regulations regarding building elevation related to groundwater. d. The applicant shall demonstrate that the proposed home and buildings will not impact any wetlands. e. The applicant shall demonstrate that the proposed trail along Jody Avenue North will not be impacted f. The applicant shall obtain a driveway access permit from Washington County g. The applicant shall obtain a septic permit from Washington County ADOPTED by the City Council on September 5th, 2023. ___________________________ Tom Weidt, Mayor ATTEST: _________________________________ Michele Lindau, City Clerk A great place to live, work and play…today and tomorrow Government Center | 14949 62nd Street North | P. O. Box 6 | Stillwater, MN 55082-0006 P: 651-430-6655 | F: 651-430-6730 | TTY: 651-430-6246 www.co.washington.mn.us Washington County is an equal opportunity organization and employer PUBLIC HEALTH & ENVIRONMENT David Brummel, Director Jill Timm, Deputy Director Subdivision/Lot Split Review On June 26th, 2023, the Department received a subdivision/lot split septic permit application for a lot split in the City of Hugo. On July 20th, 2023, representatives from the Department conducted soil observations on the parcel 3603121240001. Based on the soil observations conducted by the Department representatives, and the submitted soil observations conducted by Ed Eklin Septic Systems Design & Inspection LLC, the proposed lots appear to have 10,000 ft2 of suitable soil for individual sewage treatment systems. It should be noted that the soil testing conducted for these lots was preliminary and only for the purpose of determining suitability of these lots to support long-term sewage treatment. Section 9.5 of the Washington County Development Code, Chapter Four, Individual Sewage Treatment System Regulations (Washington County Ordinance #206) states: Complete soil testing on each individual lot must be conducted prior to permit issuance independent of any prior subdivision or lot approval testing. For permit issuance, a minimum of four (4) soil observations encompassing the proposed sewage treatment area are required. At least one soil observation must be performed in the portion of the soil treatment area anticipated to have the most limiting conditions. Larger areas may be required where conditions of use, soils, topography, or vegetation require. If you have any questions or comments, please contact me at 651-430-6819. Sincerely, Jonathan Hinks Environmental Specialist K:\019275-000\Admin\Construction Admin\Pay Vouchers\019275-000 LTR PV1 to Cty 083123.docx 178 E 9TH STREET | SUITE 200 | SAINT PAUL, MN | 55101 | 651.286.8450 | WSBENG.COM August 31, 2023 Mr. Bryan Bear City of Hugo 14669 Fitzgerald Avenue North Hugo, MN 55038 Re: TH 61 & 159th Street Reconstruction City of Hugo, MN WSB Project No. 019275-000 Dear Mr. Bear: Please find enclosed Construction Pay Voucher No. 1 for the above referenced project in the amount of $514,715.63. The quantities completed to date have been reviewed and agreed upon by the contractor, and we hereby recommend that the City of Hugo approve Construction Pay Voucher No. 1 for Arnt Construction Company. The amount indicated above reflects work certified through August 31, 2023, with a 5% retainage applied. Please include one executed copy with the payment to Arnt Construction Company and return one executed copy to our office for our file. If you have any questions or comments regarding this voucher, please contact me at 612.360.1278. Sincerely, WSB Mark Erichson, PE City Engineer Attachments kkp Agenda Number: G.11 CITY OF HUGO PLANNING AND ZONING APPLICATION STAFF REPORT TO: Bryan Bear, City Administrator FROM: Max Gort, Associate Planner SUBJECT: Austin and Lauren Hallberg – Encroachment agreement to allow a fence within a drainage and utility easement on property located at 13129 Geneva Avenue North. DATE: August 31, 2023 for the City Council meeting of September 5, 2023 ZONING: Planned Unit Development (PUD) LAND USE: Low Density Residential (LD) 60-DAY REVIEW DEADLINE: October 16, 2023 1. DESCRIPTION OF REQUEST: The applicant has requested an encroachment agreement to allow construction of a fence within a drainage and utility easement on property located at 13129 Geneva Avenue North. The Senior Engineering Technician has reviewed the location of the fence and is comfortable with the request. 2. CONCLUSION/RECOMMENDATION: Staff has reviewed the request and recommends that the City Council approve the encroachment agreement for the property located at 13129 Geneva Avenue North. ATTACHMENTS: 1. Location Map 2. Encroachment Agreement Resolution 3. Encroachment Agreement 4. Site Plan RESOLUTION 2023-XX APPROVING AN ENCROACHMENT AGREEMENT TO ALLOW CONSTRUCTION OF A FENCE WITHIN A DRAINAGE AND UTILITY EASEMENT ON THE PROPERTY LOCATED AT 13129 GENEVA AVENUE NORTH WHEREAS, an application has been filed by Austin Hallberg and Lauren Hallberg that requests approval of an encroachment agreement to allow construction of a fence within a drainage and utility easement on the property located at 13129 Geneva Avenue North, legally described as follows; Lot 2, Block 5, Adelaide Landing 6th Addition, Washington County, Minnesota. WHEREAS, the City Council has fully considered the request for the encroachment agreement. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the encroachment agreement on property located at 13129 Geneva Avenue North. ADOPTED by the City Council this 5th day of September, 2023. ________________________________________ Tom Weidt, Mayor ATTEST: _________________________________ Michele Lindau, City Clerk ENCROACHMENT AGREEMENT THIS AGREEMENT is made this 5th day of September, 2023 by and between the CITY OF HUGO, a Minnesota municipality (hereinafter “City”) and, Austin Hallberg and Lauren Hallberg, a married couple (hereinafter “Owners”), and their successors in title. WHEREAS, the City has an easement for drainage and utility purposes (the “Easement”) along the southerly, westerly, northerly, and easterly portion of the Owner’s property, which is legally described as: Lot 2, Block 5, Adelaide Landing 6th Addition, Washington County, Minnesota.; and, WHEREAS, Owner is desirous of constructing a fence within the easement area; and, WHERAS, the City will permit the placement of a fence in the area described herein subject to the terms and conditions hereof. NOW, THEREFORE, in consideration of the premises and for good and valuable consideration, the receipt of which is acknowledged, the City will permit the encroachment on its easement as set forth herein and subject to the conditions set forth below: 1. Owner and their successors in title may install and maintain a fence within the Easement, and the fence shall be constructed in accordance with the plans on file with the City of Hugo. 2. No plantings, trees, permanent improvements or structures other than the fence and approved landscaping may be maintained or placed in the easement area. 3. Owner shall maintain the fence in good repair and shall not permit it to be expanded, lengthened or to impair the City’s easement or its rights thereunder in any respect. 4. The encroachment granted to Owner herein is subject to the existing easement rights of the City as granted in various easements. 5. The City will notify Owner if it requires removal or relocation of the fence or any part of it. Thereafter, Owner shall remove the fence according to the direction of the City and if Owner fails to do so, the City may enter upon the land and remove as much of the fence as required and cast it upon the adjoining lands. In such an event, the City shall not be liable to Owner for any costs, loss or damage whatsoever, and may assess the property for all of its costs incurred in removing the fence, and Owner waive all formalities, requirements and defenses arising from or relating to Minnesota Statutes Section 429 relating to or arising from the work done by the City. 6. To the fullest extent permitted by law, Owner agrees to release, defend, protect, indemnify, save and hold harmless the City, its agents, directors, employees, shareholders and contractors against any and all claims, costs and liabilities, including the costs of defense for damages, injury or death arising from or in any way connected to the installation, maintenance, repair, removal and/or presence of the fence, regardless of whether such harm is to Owner, the City, the employees or officers, guests or invitees of either or any other person or entity, except Owner shall not be liable under this paragraph for loss or damage to the extent resulting from the negligence of the indemnified parties. 7. The permission granted herein is limited exclusively to the proposed fence within the specified portion of the easement area of the City’s Easement. Owner shall not alter the grade or permit such alteration anywhere upon the land upon which the City has reserved its easement rights without proper express written consent of the City. 8. Owner shall, at all times, use their best efforts to conduct all of their activities on said Easement in such a manner as to not interfere with or impede the operation of the City’s Easement and related activities in any manner whatsoever, and shall follow the direction of the City. 9. This Agreement shall run with the land and inure to the benefit and be binding upon the parties hereto, their heirs, successors and assigns. 10. Owner shall be responsible for the costs of recording this Agreement with the Washington County Recorder. WHEREUPON, the parties have set their hands this day of , 2023. CITY OF HUGO By By Tom Weidt, Mayor Michele Lindau, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this _____ day of __________________, 2023, before me, a Notary Public, personally appeared TOM WEIDT and MICHELE LINDAU, of the City of Hugo, a Minnesota municipality within the State of Minnesota, and that said instrument was signed on behalf of the City of Hugo by the authority of the City Council of the City of Hugo, and TOM WEIDT and MICHELE LINDAU acknowledge said instrument to be the free act and deed of said City of Hugo. __________________________________________ Notary Public Austin Hallberg, Owner _____________________________________ Lauren Hallberg, Owner STATE OF MINNESOTA ) ) ss. (Individual Notary) COUNTY OF WASHINGTON) On this _____ day of __________________, 2023, before me, a Notary Public, personally appeared Austin Hallberg and Lauren Hallberg, a married couple, who signed the foregoing instrument and acknowledged said instrument to be their free act and deed. __________________________________________ Notary Public THIS INSTRUMENT DRAFTED BY: David K. Snyder Johnson & Turner, P.A. 56 East Broadway Avenue, Suite 206 Forest Lake, MN 55025 (651) 464-7292 18/31/2023 2:25 PMMeetings in Green are scheduled/posted meetings.Su Mo Tu We Th Fr Sa12345678910 11 12 13 14 15 1617 18 19 20 21 22 2324 25 26 27 28 29 30September 2023Su Mo Tu We Th Fr Sa12345678 9 10 11 12 13 1415 16 17 18 19 20 2122 23 24 25 26 27 2829 30 31October 2023September 2023Aug 2728293031Sep 1234567897:00pm City Council101112131415167:30am HBA Breakfast (Blue Heron Grill) 6:30pm BOZA7:00pm Planning Comm2:00pm Dream of Wild Health 25th Ann (16085 Jeffrey Ave.) 171819202122237:00pm City Council5:30pm EDA6:30pm Hist Comm7:00pm Parks Comm242526272829306:30pm BOZA7:00pm Planning Comm9:00am Kidz 'n Biz SUNDAYMONDAYTUESDAYWEDNESDAYTHURSDAYFRIDAYSATURDAY 28/31/2023 2:25 PMMeetings in Green are scheduled/posted meetings.Su Mo Tu We Th Fr Sa12345678 9 10 11 12 13 1415 16 17 18 19 20 2122 23 24 25 26 27 2829 30 31October 2023Su Mo Tu We Th Fr Sa123456789101112 13 14 15 16 17 1819 20 21 22 23 24 2526 27 28 29 30November 2023October 2023Oct 12345677:00pm City Council10:00am Bus Tour-Reschedule 8910111213146:30pm BOZA7:00pm Planning Comm151617181920217:00pm City Council5:30pm EDA6:30pm Hist Comm7:00pm Parks Comm222324252627286:30pm BOZA7:00pm Planning Comm293031Nov 1234SUNDAYMONDAYTUESDAYWEDNESDAYTHURSDAYFRIDAYSATURDAY