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HomeMy WebLinkAbout2023.09.18 Packet A. CALL TO ORDER B. ROLL CALL C. PLEDGE OF ALLEGIANCE D. APPROVAL OF MINUTES 1. August 30, 2023 Midyear Budget Workshop 2. September 7, 2023, Council Meeting 3. September 12, 2023, Hugo Area Business Association Breakfast 4. September 12, 2023, Environmental Center Groundbreaking E. APPROVAL OF AGENDA F. APPOINTMENTS/PRESENTATIONS 1. Stillwater Superintendent Mike Funk 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 Resignation of Cynthia Schoonover as Chair of the Historical Commission and Appointment as Vice Chair 3. Approve Appointment of Brad LeTourneau Chair of the Historical Commission 4. Approve Special Event Permit for Hugo American Legion Oktoberfest Celebration and Craft Show on October 7, 2023 5. Approve Resolution Approving Preliminary Tax Levy for 2024 6. Approve Resolution Approving Encroachment Agreement for 14320 Grantaire Lane N. 7. Approve Review of the Special Use Permit for Bald Eagle Sportsman Association 8. Approve Pay Request No. 2 to Northwest Asphalt, Inc. for Birch Tree Ponds Area Street Improvement Project Mayor: Tom Weidt Councilmembers: Becky Petryk, Ward 1 Phil Klein, Ward 2 Dave Strub, Ward 3 Mike Miron, Council at Large City Council Agenda Monday, September 18, 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. Declare Cost to be Assessed and Set Public Hearing for 2023 Birch Tree Ponds Area Street improvement Project J. NEW BUSINESS 1. Nothing Scheduled K. VISITOR PRESENTATIONS 1. Nothing Scheduled L. COUNCIL PRESENTATIONS 1. Nothing Scheduled M. ADMINISTRATIVE PRESENTATIONS 1. Reminder- Kidz ‘n Biz on September 30, 2023, 2023 2. Schedule Hugo Fire Department Open House on October 7, 2023 N. ADJOURNMENT BACKGROUND MEMO FOR THE CITY COUNCIL MEETING ON SEPTEMBER 18, 2023 D.1 Approval of Minutes for the August 30, 2023 Midyear Budget Workshop D.2 Approval of Minutes for the September 7, 2023, Council Meeting D.3 Approval of Minutes for the September 12, 2023, Hugo Area Business Association Breakfast D.4 Approval of Minutes for the September 12, 2023, Environmental Center Groundbreaking Staff recommends Council approve the above minutes as presented. F.1 Stillwater Superintendent Mike Funk Superintendent Mike Funk will present information on the November 2023 Bond Referendum G. 1 Approval of Claims Staff recommends Council approve the Claims Roster as presented. G.2 Approve Resignation of Cynthia Schoonover as Chair of the Historical Commission and Appointment as Vice Chair Historical Commission founding member Cynthia Schoonover has served as Chair of the Historical Commission since 2015 and has requested to resign as Chair but remain on as Vice- Chair. Staff recommends Council approve the appointment of Cynthia as Vice-Chair and the Certificate of Appreciation for her years as Chair on the Commission. G.3 Approve Appointment of Brad LeTourneau Chair of the Historical Commission With the resignation of Cynthia Schoonover as Chair on the Historical Commission, the Commission and staff recommend Council approve the appointment of Brad LeTourneau as Chair of the Historical Commission. G.4 Approve Special Event Permit for Hugo American Legion Oktoberfest Celebration and Craft Show on October 7, 2023 The Hugo American Legion Post 620 has applied for a Special Event Permit for their annual Craft Show and Oktoberfest Celebration to be held on Saturday, October 7, 2023. This event requires a Special Event Permit approved by Council because there will be about 200 people in attendance, alcohol sold outdoors, and music outside until approximately 9 p.m. This event has been held successfully for the past few years. Staff recommends Council approve the Special Event Permit for the Hugo American Legion Post 620 in accordance with their application and conditions in the memo. G.5 Approve Resolution Approving Preliminary Tax Levy for 2024   At its August 30, 2023, Midyear Budget Workshop, the City Council listened to a presentation from Finance Director Anna Wobse highlighting revenues and expenditures to-date as well as projections for the 2024 fiscal year. It was the consensus of the Council that the 2024 preliminary tax levy provide for no increase in the urban tax rate. The total proposed 2024 property tax levy of $12,318,875 will keep the urban tax rate at 36.371% of tax capacity. Staff believes this levy is sufficient to fund the operating and capital budgets in 2024 and meets the objectives of the City Council and recommends the City Council approve the Resolution Approving the Preliminary Tax Levy Payable in 2024. G.6 Approve Resolution Approving Encroachment Agreement for 14320 Grantaire Lane N. Nick Heinle, Owner of Prairie Homes, LLC, has requested an encroachment agreement for the construction of a window well and fence located in a drainage and utility easement on the property located at 14320 Grantaire Lane North. The City Council approved a variance at its September 5, 2023 meeting to allow for the window well to encroach into the required side yard setback by an additional 1 foot 8 inches. The fence is proposed to encroach on the easement around the perimeter of the property before it meets the rear profile of the house. The window well on the southeasterly side property line will encroach into the easement by 3 feet 8 inches. The Senior Engineering Technician has reviewed the location of the window well and fence and is comfortable with the request. Staff is recommending approval of the resolution approving an encroachment agreement for the property located at 14320 Grantaire Lane North. G.7 Approve Review of the Special Use Permit for Bald Eagle Sportsman Association The Bald Eagle Sportsmen’s Association (BESA) has a SUP to operate a gun club on property located at 6557 125th Street. Staff visited the gun club on July 13, 2023, to review the SUP and found that the property is generally maintained. Staff recommends Council approve the SUP review for the Bald Eagle Sportsman Association. G. 8 Approve Pay Request No. 2 to Northwest Asphalt, Inc. for Birch Tree Ponds Area Street Improvement Project Northwest Asphalt, Inc. has submitted Pay Voucher No. 2 in the amount of $904,147.01 for work certified through August 31, 2023, on the 2023 Birch Tree Ponds Street Improvement Project. A majority of the work has been completed at this time with just punch-list items remaining. The punch-list items will be completed over the next month. Staff recommends Council approve payment to Northwest Asphalt, Inc. in the amount of $904,147.01. I.1 Declare Cost to be Assessed and Set Public Hearing for 2023 Birch Tree Ponds Area Street improvement Project On March 6, 2023, the City of Hugo awarded a construction contract for the completion of the 2023 Birch Tree Ponds Area Improvements Project. As part of the public improvement process, in accordance with the requirement of state statutes Chapter 429 for assessments to benefitting properties, we need to declare the costs to be assessed and conduct the assessment hearing. Staff has prepared two resolutions for your consideration. The first resolution is a resolution declaring the costs to be assessed and ordering the preparation of the proposed assessment roll for the 2023 Birch Tree Ponds Area Improvements Project. The second resolution is a resolution calling the hearing on assessments for the 2023 Birch Tree Ponds Area Improvements Project. Staff is requesting that the assessment hearing for the 2023 Birch Tree Ponds Area Improvements Project be set for October 16, 2023. M.1 Reminder- Kidz ‘n Biz on September 30, 2023, 2023 Council has scheduled a meeting to attend the Kidz ‘n Biz festival on Saturday, September 30, 2023, from 9-noon at the Oneka Elementary School. M.2 Schedule Hugo Fire Department Open House on October 7, 2023 The Hugo Fire Department will be holding their annual Open House on Saturday, October 7, 2023, from 11 a.m. – 3 p.m. Staff recommends Council schedule as a meeting if they wish to attend. N. Adjournment MINUTES City Council-Midyear Budget Review Hugo City Hall Wednesday, August 30, 2023 5:00 p.m. Mayor Weidt called the meeting to order at 5:00 p.m. PRESENT: Klein, Miron, Petryk, Strub Weidt ABSENT: None STAFF PRESENT: City Administrator Bryan Bear, Finance Director Anna Wobse, Fire Chief Jim Compton, City Clerk Michele Lindau Finance Director Anna Wobse began by talking about recent changes made in the 2023 legislative session that would have an impact on the budget including a one-time public safety aid payment, repeal of the governor’s salary cap, changes in paid family and medical leave, and two new sales taxes for transportation and metro housing. Hugo would receive a portion of the housing tax that could only be used for affordable housing assistance. In the 2023 legislation session, changes were also made to increase the Local Government Aid (LGA) distributions, of which Hugo would still receive nothing. Another change was that detailed revenue and expense information would no longer need to be included in the Truth in Taxation notices. The City deviated from the flat tax rate policy last year because of the increase in residential home values for 2023. The County’s estimated market value increase for 2024 was 7% for residential and 21% for commercial properties. The 2024 budget was prepared using the same tax rate as 2023 and would be monitored for recommendation to revert back. Wobse talked about having different tax rates for rural and urban saying Council may want to discuss it more at a future meeting. Wobse said staff recommended Council continue contingency budgeting which ensures there will either be a balanced budget or a surplus that could be put towards the Equipment Purchasing Fund. This is in addition to the $200,000 budgeted for tax rate stabilization in the case of an economy decline. She explained the 2024 taxable market value had increased by 12%, and to remain at the lower tax rate, the proposed levy could not exceed $12,312,000. The proposed levy was broken down into seven components, and Wobse provided information on each beginning with debt service. The City had three outstanding bonds that equaled $962 per capita, which was lower than the statewide average of $1,943 per capita. The levy for bonded debt was $993,037 and would remain at that level until pay 2041. The Street Levy would fund the 2024 125th Street and Heather Avenue improvement projects. She noted the Council previously approved using the ARPA funds to pay for the 2023 Birch Tree Ponds improvement project. Additional funds were needed to repair roads damaged by the harsh winter, and in order to cash flow those projects, staff recommended adding $600,000 to the current levy. She recommended Council keep the Equipment Levy at $300,000 to fund future Fire Department and Public Works equipment purchases. The Stormwater Levy and Special Parks Fund Levy would remain at their current levels unless increased by Council. Minutes for Midyear Budget Review on September 30, 2023 Page 2 of 4 The largest portion of the proposed tax levy was for general fund operations. In the General Fund budget were employee wages that included funding for four currently vacant position. Staff was currently looking to fill the fulltime Fire Chief position and a Public Works Utility Lead Position. A Community Development Assistant and Deputy Clerk position would be filled on an as needed basis. Public Works was requesting to reclassify the mechanic’s position to a Pay Grade 6, and staff was requesting to increase the hourly rate for the Audio-Visual Technicians. With the repeal of the Governor’s salary cap, the City Administrator pay grade was proposed to increase to Pay Grade 14, Step 5. All employees were budgeted to receive a 4.5% cost of living adjustment. Health insurance premiums would increase by 7.68%, much higher than the 2.15% last year but not as high as the increase in 2019 by 21%. Wobse talked about the budget for public safety. The 2024 budget had the funding for a fulltime fire chief position, and once a fire chief was hired, officer salaries would be adjusted. The current fire chief also recommended continuing the retention program that was modified last year to increase the hourly rate by $1 instead of $.50 for each year of service from 5-10 years. Washington County requested a new deputy be added for 2024. The City would be receiving $703,253 in a one-time Public Safety Aid payment that must be used to provide public safety, which would cover the cost a new deputy for the next four years. Wobse summarized expenses and revenues saying the General Fund Budget was up $735,457 for 2024. In addition to employee and inflation costs, the increase could be attributed to added cost for ordinance revisions, emergency siren maintenance, training classes, and small equipment purchases. The budget contained funds for website updates and $200,000 for the sixth consecutive year for tax rate stabilization. Revenues were budgeted conservatively by leaving permit fees equivalent to 50 new housing starts and eliminating investment earnings as the market was still unpredictable. Wobse reminded the Council that Fiscal Disparities was a property tax program in the metro area where each community receive a distribution. Hugo receives more than it contributes. The proposed distribution to Hugo had decreased for Pay 2024 but would still pay for over 7% of the total tax levy. The assessor’s report showed the median value home increasesd by 6.6% to $408,700. At a tax rate of 36.371%, the City tax on that home would increase by $100. Wobse presented a list comparing tax rates of ten other Washington County cities. Stillwater was the highest at 49.146%, and Lake Elmo was the lowest at 24.064%. Hugo moved up on the list last year because of the flat tax rate policy, where many cities lowered their tax rate. She explained that when property values decline, those cities would have to increase their rates and Hugo’s would remain the same. She reiterated that Hugo received no 2024 LGA distribution. Also, other cities charge additional fees for stormwater, street lights, street maintenance and sales tax, etc. Hugo does not charge additional fees, and that needed to be factored in when comparing tax rates. Wobse presented information on the American Rescue Plan Act (ARPA) Funds. The City had until December 31, 2024, to spend the $1,668,411.91 received. Initially, the Council was going to spend those funds on the North Star Wetland Bank, but later decided to put it towards road maintenance expenses. The Council needed to decide where the funds for the wetland bank Minutes for Midyear Budget Review on September 30, 2023 Page 3 of 4 construction would come from, and it would likely be dependent on where the revenue from the wetland bank would go. The budget was prepared using the same urban tax rate as 2023, proposing a total 2024 levy of $12,312,000. Wobse asked Council for direction to prepare the preliminary tax levy resolution for consideration at the September 18, 2023, Council meeting. The Truth in Taxation hearing was scheduled for December 4, 2023. The final levy could be lower but not higher than what would be adopted at the September 18, 2023 meeting. There was a question on if there was an internal measurement as a result of things costing more. Wobse replied that there were no hard comparisons, but many invoices now included additional administration fees, etc., and it was surmised that a portion of the levy increase was due to things just costing more. There was a question why the state decided to provide the City a $703,000 safety grant. Wobse replied that it was part of the transportation bill and did not believe it would continue. There was a question about the change in the LGA distribution amounts. Wobse replied that there was now a greater focus on whether cities had unmet needs. Council talked about the affordable housing tax and questioned whether it could be stockpiled. There was also a suggestion about possibly partnering with the County on programs. Wobse said it would need to be spent within three years of receiving, and the rules were still being worked out. There was a question about whether there was a disparity in services from rural to urban taxed properties. The Mayor pointed out there were different cost in fighting fires and road maintenance. Bear added that more detailed discussions would be needed. The Council had a discussion on parks and asked about the park planner salary, insurance on the parks, and the maintenance of park buildings. Wobse replied that the park planner salary now came out of the general fund, along with most minor maintenance needs. Council questioned where funds would come from when some older parks start needing full equipment replacement and upgrades. Wobse replied that is something that would come out of the Parks Fund and Council discussed a possible future need of raising the Parks Fund levy to fund major improvements. There was discussion on whether the budget could be increased for City streets. Wobse and Bear explained there was an additional $600,000 budgeted for that next year, and that was the biggest increase in the budget. There was discussion on the stabilization levy and how large did the City want it to grow. Wobse replied that she recently had a conversation with the City’s bond council who indicated there was no set acceptable limit, and it was a good idea to keep it at a high level to help with future bond ratings. Minutes for Midyear Budget Review on September 30, 2023 Page 4 of 4 There was a question to Fire Chief Compton on whether the retention program was working. He replied that the turnover rate since it started had been cut in half, and he liked the idea of step increases. There were comments about the importance of residents to know they are only getting the utility bills and the City tax bill from the City and no other additional charges. The tax increase was basically due to increase in expenses. There was consensus among the Council to approve the budget as presented. Formal approval of the budget would take place at the second Council meeting in September. Klein made motion, Miron seconded, to adjourn at 5:55 p.m. Respectfully Submitted, Michele Lindau, City Clerk MINUTES City Council Meeting City Hall Council Chambers Tuesday, September 5, 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 Attorney Dave Snyder, Community Development Director Rachel Juba, City Clerk Michele Lindau Approval of Minutes for the City Council Meeting on August 21, 2023 Klein made motion, Petryk seconded, to approve the minutes for the City Council meeting held on August 23, 2023, as corrected. All Ayes. Motion carried. Approval of Agenda Weidt made motion, Klein seconded, to approve the agenda as presented. All Ayes. Motion carried. Metropolitan Council Representative Gail Cederberg In early March, Governor Tim Walz appointed Gail Cederberg as the District 11 Representative on the Metropolitan Council. City Administrator Bryan Bear displayed a map showing District 11 which covered a large portion of Washington County including the City of Hugo. Bryan introduced Gail Cederberg. Gail provided background saying she was raised in St. Paul and went to college in California. She studied physics as an undergrade and moved to hydrology and environmental engineering, and received her graduate’s degree in geochemical groundwater transport modeling. Her career consisted of groundwater modeling at Nevada’s nuclear waste site, and cleaning up Superfund sites in New Jersey. Gail and her family moved back to Mahtomedi 26 years ago. She retired in April of 2021 and took care of her mom. Gail said she always kept track of the water issues in this area and was encouraged to apply for the position at the Metropolitan Council. She wanted to serve because she believed everyone should have the same quality of life she had growing up here. Gail had worked with the environmental staff at the Met Council for many years and said she felt the Met Council was a very talented group of people. She served on three committees and was involved in developing many of their 2050 plans, the White Bear Lake Management Study, and issues with PFAS contamination. With her policy background and technical background, she felt this was a good position for her. Council Meeting Minutes for September 5, 2023 Page 2 of 5 Mayor Weidt talked about the great relationship the City has had with the Met Council. Gail said Susan Vento, who was Hugo’s representative prior to redistricting, had been an amazing mentor. Phil welcomed Gail and said they worked on the Metro Area Water Supply Commission together. She said she is not on the committee but attended the meetings to keep involved on what was going on. Gail said she could be called on at any time, and she encouraged Council to dig into the City’s plans and reach out to her for help to make things happen. She said she would stay informed on the working group being formed for the White Bear Lake lawsuit. Approval of Consent Agenda Miron made motion, Petryk seconded, to approve the following Consent Agenda: All Ayes. Motion carried. 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 All Ayes. Motion carried. Approval of Claims Adoption of the Consent Agenda approved the Claims Roster as presented. Approve Performance Review for Building Official Joel Hoistad Joel Hoistad was hired on September 14, 2020, as the new building. Adoption of the Consent Agenda approved the Annual Performance Review for Building Official Joel Hoistad. Council Meeting Minutes for September 5, 2023 Page 3 of 5 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. Adoption of the Consent Agenda approved the annual performance review for City Clerk Michele Lindau. Approve Resignation of Public Works Worker Paul Christianson Paul Christianson was hired as a Public Works Worker on September 27, 2004. Paul had 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. Approve Authorization to Advertise for Vacant Public Works Worker Position Adoption of the Consent Agenda approved advertising for the vacant public works worker position and scheduling interviews as appropriate. Approve Resignation of EDA Member Mike Roberts At its February 1, 2021, meeting, Council appointed Mike Roberts to the EDA. Mike had submitted his letter of resignation. Adoption of the Consent Agenda approved the letter of resignation effective immediately. Approve Resolution Approving Variance for 14320 Grantaire Lane for Side Yard Setback Encroachment for Window Wells Nick Heinle, Prairie Homes, LLC, had requested a variance to allow window wells to encroach three feet, eight inches into the required side yard setback, where two feet was allowed by ordinance. The two window wells were 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 the Board agreed that due to the unusual circumstances that led to the construction of the window wells, there were practical difficulties in meeting the ordinance standard. They unanimously recommended approval of the variance request to the City Council. Adoption of the Consent Agenda approved RESOLUTION 2023-26 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. Approve Resolution Approving Final Plat and Development Agreement for The Shores of Oneka Lake 2nd Addition M/I Homes had requested 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 would plat 14 lots for the second phase of the development. The lots met the minimum lot standards and requirements outlined in the regulations for The Shores of Oneka Lake PUD. Adoption of the Consent Agenda approved RESOLUTION 2023-27 APPROVING A FINAL PLAT AND DEVELOPMENT AGREEMENT FOR M/I HOMES OF MINNEAPOLIS/ST. PAUL, LLC, FOR THE SHORES OF ONEKA LAKE 2nd ADDITION. Council Meeting Minutes for September 5, 2023 Page 4 of 5 Approve Resolution Approving Minor Subdivision for Heidi Harvieux – property on Jody Avenue North Heidi Harvieux had requested 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. Adoption of the Consent Agenda approved RESOLUTION 2023-28 APPROVING A MINOR SUBDIVISION FOR HEIDI HARVIEUX FOR PROPERTY LOCATED ON JODY AVENUE NORTH. Approve Pay Request No. 1 to Arnt Construction for the TH61/159th Street Roundabout Improvement Project Arndt Construction Company had 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 had been constructed and existing roadway removals were currently underway. Adoption of the Consent Agenda approved payment to Arnt Construction Company in the amount of $514,715.63. Approve Resolution Approving Encroachment Agreement for 13129 Geneva Avenue North – Hallberg Austin and Lauren Hallberg had 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 had reviewed the location of the fence and was comfortable with the request. Adoption of the Consent Agenda approved RESOLUTION 2023-29 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. Schedule Northern Environmental Center Groundbreaking Tuesday, September 12, 2023 City Administrator Bryan Bear informed Council that the Washington County Board of Commissioners had invited Council to attend the Groundbreaking Ceremony for the new Northern Environmental Center on Tuesday, September 12, 2023, at 2:30 p.m. at their new location at 20001 Forest Boulevard North. Weidt made motion, Klein seconded, to schedule a meeting to attend the groundbreaking ceremony for the new Washington County Environmental Center. All Ayes. Motion carried. Reminder-HBA Breakfast on Tuesday, September 12, 2023 City Administrator Bryan Bear reminded Council they had 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. Council Meeting Minutes for September 5, 2023 Page 5 of 5 Reminder-Dream of Wild Health Anniversary Celebration on Friday, September 15, 2023 City Administrator Bryan Bear reminded Council they had 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 North. Adjournment Klein made motion, Strub seconded, to adjourn at 7:16 p.m. All Ayes. Motion carried. Respectfully Submitted, Michele Lindau, City Clerk MINUTES City Council-HBA Business Breakfast Blue Heron Grill Tuesday, September 12 , 2023 7:30 a.m. COUNCIL PRESENT: Klein, Miron, Strub, Petryk, Weidt COUNCIL ABSENT: None City Council members joined other members of the Hugo Area Business Association at the business breakfast held at the Blue Heron Grill, 14725 Victor Hugo Boulevard. Mayor Weidt presented an update on things happening in the City. The meeting ended at approximately 9 a.m. Respectfully Submitted, Bryan J. Bear City Administrator MINUTES City Council - Environmental Center 20001 Forest Boulevard North Tuesday, September 12 , 2023 2:30 p.m. COUNCIL PRESENT: Klein, Miron, Strub, Petryk, Weidt COUNCIL ABSENT: None Council Members attended the Groundbreaking Ceremony for the new Washington County Northern Environmental Center on Tuesday, September 12, 2023, at 2:30 p.m. at their new location at 20001 Forest Boulevard North. This was also attended by the Washington County Board of Commissioner members Respectfully Submitted, Michele Lindau, City Clerk City of Hugo Claims September 18, 2023 G. 1 Vendor Invoice Amount Description Department Abdo Financial Solutions LLC 476077 2,300.00$ Accounting Assistance Finance Dept Allied Blacktop Company 10453 1,375.00$ Driveway Repairs-Downtown Street Improvement Project Street Reconstruction AutoNation Inc 364093 395.00$ Repairs - Unit #115-12 Street Dept AutoNation Inc 367559 8.80$ Parts - Unit #6106-19 Fire Dept Baller, Scott CLAIM 30.00$ Webinar Registration (MN Dept of Labor & Industry) Building Inspections Canteen Refreshment Services MSP78262 312.98$ Breakroom Supplies Gen Gov't Bldgs Canteen Refreshment Services MSP78263 160.83$ Breakroom Supplies Public Works Canteen Refreshment Services MSP79244 212.95$ Breakroom Supplies Gen Gov't Bldgs CDW Government LQ03859 266.78$ UPS Backups for SCADA System Water & Sewer CDW Government KS65093 (15.67)$ Wireless Mouse (1) (Returned) Building Inspections Cintas Corporation 5174526170 208.98$ First Aid Supplies Public Works Cintas Corporation 5174526170 173.88$ First Aid Supplies Gen Gov't Bldgs CivicPlus 267093 4,725.00$ CivicRec Room Rental Software Annual Fees Various Como Lube & Supplies 698045 35.00$ Used Oil Pick Up Public Works Companion Animal Control LLC August 1,069.97$ Callout Fees & Mileage Animal Control Earl F. Andersen 0133755-IN 209.30$ Street Sign Plates Street Dept Earl F. Andersen 0133756-IN 1,465.10$ Street Sign Plates Street Dept Ferguson Waterworks 313478 166.70$ HVAC Filter Kits - Public Works Public Works Ferguson Waterworks 313486 52.70$ HVAC Filter Media - Public Works Public Works Ferguson Waterworks CM000968 (93.02)$ HVAC Filter Media - Public Works (Returned) Public Works Fire Catt LLC 12967 2,502.50$ Fire Hose Testing Fire Dept Forest Lake Napa August 2,012.52$ Auto Parts and Shop Supplies Various Gene's Disposal Service Inc 483195 950.04$ September Waste Hauling - PW Facility Public Works Gene's Disposal Service Inc 483195 271.75$ September Waste Hauling - Lions Park Parks Dept Gene's Disposal Service Inc 483195 225.79$ September Waste Hauling - Fire Station Fire Dept Gene's Disposal Service Inc 483195 221.75$ September Waste Hauling - Rice Lake Room Public Works Gene's Disposal Service Inc 483195 221.75$ September Waste Hauling - Hanifl Parks Dept Gene's Disposal Service Inc 483195 220.21$ September Waste Hauling - City Hall Gen Gov't Bldgs Gopher State One Call 3080485 461.70$ August Service Charges Water & Sewer Hawkins Inc 6571976 4,690.78$ Water Chemicals Water Utility HD Sod Inc 12093 24.01$ Sod (Plow Damage) Street Dept Hugo Business Association E1169 120.00$ Business Networking Meeting Various Hugo Business Association E1172 15.00$ Business Networking Meeting Planning & Zoning Hugo Equipment Company 194449 29.98$ Parts for Weed Whips Parks Dept Hugo Equipment Company 195904 133.99$ Parts - Unit #309-05 Parks Dept Hugo Equipment Company 196462 47.98$ Small Engine Oil Parks Dept Hugo Feed Mill 150972 29.95$ Shop Tools Public Works Hugo Feed Mill 151071 55.00$ Grass Seed Street Dept Hugo Feed Mill 152011 5.49$ Hardware - PPP Parks Dept Innovative Office Solutions LLC IN4310629 107.48$ Folders and Notepads Administration Innovative Office Solutions LLC IN4310646 207.78$ Toner Cartridge Finance Dept Instrumental Research Inc 5111 122.00$ Water Bacteria Testing Water Utility Interstate Battery System of Minneapolis 110057014 434.85$ Batteries - Unit #114-07 & Unit #115-12 Street Dept Interstate Battery System of Minneapolis 110057014 142.95$ Battery - Unit #8103-06 Fire Dept Interstate Battery System of Minneapolis 110057014 53.95$ Battery - Unit #309-05 Parks Dept Kath Fuel Oil Service Co. 779112 75.00$ Bulk Lubricants Public Works Kath Fuel Oil Service Co. 781076 165.00$ Bulk Lubricants Public Works Kath Fuel Oil Service Co. 12320094 11,588.05$ August Unleaded Gas & Diesel Purchases Various Knowlan's Super Markets Inc 8599 14.77$ Meeting Supplies Planning & Zoning L.T.G. Power Equipment 280130 80.47$ Parts - Unit #344-20 Parks Dept Laughlin's Pest Control 60576 97.75$ September Pest Control Service Gen Gov't Bldgs League of Minnesota Cities 389239 16,166.00$ Annual Membership Dues Dues & Subscriptions Lincoln National Life Insurance Co. October 1,211.22$ Disability Premium Finance Dept Loffler Companies Inc 510612088 501.80$ September Copier Service Payment Administration MacQueen Emergency P19097 2,476.95$ Structural Boots Fire Dept MacQueen Equipment Inc P52372 214.15$ Waypoint Streamlight Spotlight & Cord - Unit #117-19 Engineering Marco INV11589923 48.75$ September Copier Maintenance Building Inspections MCFOA Registration 20.00$ Meeting Registration - M. Lindau City Clerk Metering & Technology Solutions INV3318 6,086.14$ Water Meters Water Utility Metro Area Management Association 1624 25.00$ MAMA Meeting Registration - B. Bear Administration Metro-INET 1463 8,393.00$ September Computer Service Various Minnesota Mayors Association Dues 30.00$ Annual Membership Dues Mayor & Council Minnesota Recreation & Parks Assoc Registration 89.00$ Conference Registration - Rick Kieffer Parks Dept MN Fire Service Certification Board 11764 210.00$ Recertifications (8) Fire Dept Northern Door Company 73465 148.00$ Garage Door Repairs - 14696 Fondant Ave Rental Properties Northern Door Company 73569 210.00$ Garage Door Repairs Fire Dept Northern Salt Incorporated 29554 53,746.29$ Chloride Application (Dust Control Project) Street Dept Nuss Truck & Equipment PSO035784-1 308.32$ Windshield Glass - Unit #202-17 Street Dept Nuss Truck & Equipment PSO035784-1 308.32$ Windshield Glass - Unit #204-14 Street Dept Page 1 City of Hugo Claims September 18, 2023 G. 1 Vendor Invoice Amount Description Department O'Reilly Auto Parts 5914-256587 21.54$ Parts - Unit #106-13 Water & Sewer O'Reilly Auto Parts 5914-257609 38.03$ Parts - Unit #119-22 Street Dept Otter Lake Animal Care Center 239390 275.00$ Boarding & Rescue Fees Animal Control Oxygen Service Company 3562069 102.04$ Welding Supplies Public Works Palmquist, Jason CLAIM 230.81$ A/V Adapters for Training Materials (Best Buy) Fire Dept Reliable Plus Carwash Services Inc 3292927 105.00$ Parts for Washbay Public Works Ricoh USA, Inc 107615962 194.61$ October Copier Lease Payment Public Works Ricoh USA, Inc 5068019567 166.40$ Overage Charges (Color) Public Works Ricoh USA, Inc 5068019567 14.61$ Overage Charges (B & W) Public Works Signature Lighting Inc 1356 512.64$ Streetlight Repairs Street Dept SiteOne Landscape Supply LLC 134450548-001 2,753.08$ Irrigation Hardware Parks Dept St. Croix Recreation Fun Playgrounds Inc 21713 572.00$ Basketball Hoop Crank - Oakshore Park Special Parks Fund Synchrony Bank 853481273LEHVKRQZ 29.88$ Pest Control Supplies Parks Dept T.A. Schifsky & Sons Inc 69589 3,620.62$ Asphalt Street Dept T.A. Schifsky & Sons Inc 69620 1,074.92$ Asphalt Street Dept T.A. Schifsky & Sons Inc 69640 7,702.31$ Asphalt Street Dept Terry's Repair Co 7023 690.23$ Repairs - Unit #115-12 Street Dept Torqbuddy LLC 224501 270.00$ Repairs - Kerf Cutter Water Utility UniFirst Corporation 1410009058 145.84$ Uniforms, Supplies & Floor Mat Services (PW) Public Works UniFirst Corporation 1410010438 145.84$ Uniforms, Supplies & Floor Mat Services (PW) Public Works Verizon Wireless 9942760932 48.71$ Cellular Phone Charges Public Works Verizon Wireless 9943635772 1,050.97$ Cellular Phone Charges Various Verizon Wireless 9943635772 78.73$ Equipment Charge Fire Dept Walser Polar Chevrolet 301335 318.64$ Repairs - Unit #106-13 Water & Sewer Washington County 217114 171.95$ Updated Parcel Data Planning & Zoning White Bear Glass Inc 153215 1,080.00$ Window Replacement - Oneka Room Gen Gov't Bldgs Xcel Energy 51-0013009096-8 141.76$ Water Tower No. 4 Electric Water Utility Xcel Energy 51-0013493712-0 777.56$ Lions Park Pavilion Electric Parks Dept Xcel Energy 51-0013493712-0 (27.22)$ Lions Park Pavilion Natural Gas Service Parks Dept 150,889.96$ Total Claims for September 18, 2023 Page 2 14669 Fitzgerald Avenue North, Hugo, MN 55038   • (651) 762‐6300  •   www.ci.hugo.mn.us              TO:     Honorable Mayor Tom Weidt and Members of the City Council  FROM:  Anna Wobse, Finance Director  SUBJECT:   Preliminary Tax Levy Payable in 2024  DATE:   For the City Council Meeting of September 18, 2023      REQUESTED COUNCIL ACTION    Motion to adopt Resolution Approving Preliminary Tax Levy Payable in 2024.      At the mid‐year budget workshop it was the consensus of the City Council that the 2024 preliminary tax  levy provide for no increase in the current urban tax rate.  Using preliminary tax capacity data provided by  Washington County, the total proposed 2024 property tax levy of $12,318,875 will keep the urban tax rate  at 36.371% of tax capacity.       The proposed tax levy is broken down into the following major categories:    Required Tax Levies – Debt Service  Improvement Bonds of 2011  Capital Improvement Plan Bonds of 2020       Tax Abatement Bonds of 2021    Total Debt Service Levy     $  18,569  434,359  540,109    $993,037      Discretionary Tax Levies  General Operating Levy   Street Capital Improvement Program  Equipment Purchasing and Replacement  Stormwater Improvements  Neighborhood Park Improvements  Firefighter’s Relief     Total Discretionary Tax Levies     Total Certified Tax Levy        $8,867,181  1,760,000  300,000  278,788  92,000  27,869    $11,325,838    $12,318,875      2024 Proposed Tax Levy  Page 2    Debt Service Tax Levies    This levy is required under the terms of the 2011 Improvement Bond bondholder agreement and per the  terms of the official statements for the 2020 Capital Improvement Plan Bond and 2021 Tax Abatement  Bond. These taxes are used to make principal and interest payments on general obligation bonds issued  by the city.  The total levy for debt service in 2024 is $993,037.    General Operating Levy    The levy for general operating purposes is $8,867,181.  This levy is used, along with non‐property tax  revenues, to fund general government, public safety, public works, and other city operations.  This levy is  needed to balance the general fund with no structural deficit (i.e. transfers from other funds).    The proposed tax levy provides for step increases, a cost‐of‐living adjustment, and health insurance  premium coverage for eligible employees for the 2024 calendar year.  The proposed levy also contains a  $200,000 appropriation to provide for flat tax rate stabilization should the taxable market value of  property decline due to an economic downturn.    Street Capital Improvement Program Levy    First instituted in 2006, this levy is used to defray a portion of the city’s share of street reconstruction  projects.  The proposed levy for 2024 is $1,760,000, which is a $600,000 increase over the 2023 levy.   Additional dollars are being proposed in order to help fully fund the updated street CIP that was approved  after many unexpected city streets were found to be in need of reconstruction after the harsh winter.   When combined with state construction aid, these funds will allow us to continue improving our network  of streets without the need to issue additional debt.    Equipment Purchasing Levy    This levy is needed to replace big ticket equipment items in the Public Safety and Public Works  Departments that have exceeded their useful life. These items include plow trucks, pickup trucks, dump  trucks, and firefighting vehicles.  New equipment prices are ever increasing and in order to be able to fund  future Public Safety and Public Works equipment the proposed levy for 2024 is $300,000.      Storm Water Improvement Levy    This levy is needed to fund water reuse projects and improvements to our drainage systems, including the  repair and/or replacement of catch basins.  Eventually funds will be needed to maintain our system of  drainage ponds.  This levy is in the amount of $278,788.             2024 Proposed Tax Levy  Page 3    Park Improvement Levy    First instituted in 2007, this levy is used to finance capital improvements to the city’s neighborhood park  system.  The proposed neighborhood park improvement levy for 2024 is $92,000.    Fire Relief Levy    This levy is used to accumulate funds to meet the city’s future pension obligations for the Hugo  Firefighter’s Relief Association.  Taxes are levied in an amount equal to the PERA employer percentage as  applied to total fire department wages and salaries.  These funds are placed in a special revenue fund and  can only be used to make mandatory contributions to the pension fund.  The levy for 2024 is $27,869.    Certified Property Tax Levy    The total amount of property taxes to be certified to the county for inclusion in the truth‐in‐taxation  notices amounts to $12,318,875.    Fiscal Disparities    Fiscal Disparities is a program designed by the state legislature to distribute a portion of growth in  commercial and industrial tax values to cities in the seven‐county metropolitan area.  Historically, the City  of Hugo has been a “winner” in that we receive more value from the pool than we contribute.   Washington County has certified the payable 2024 amount of $887,514, a decrease of $35,656 from the  previous year.  This amount serves to lower the total property tax dollars paid by residents of the city.      Pay 2024 Proposed Certified Property Tax Levy $ 12,318,875 Less: Fiscal Disparities $ (887,514) Local Portion of Levy $ 11,431,361     Taxable Market Value and Tax Capacity    The county tax department has released a preliminary estimate of taxable market value and tax capacity  data for next year.  The county estimates an increase in the total tax capacity of 13%.  These numbers will  most likely change when the county releases “final” numbers prior to the budget adoption meeting  scheduled for December 4, 2023.            2024 Proposed Tax Levy  Page 4    Tax Rates    The total proposed 2024 property tax levy of $12,318,875 will keep the urban tax rate at 36.371% of tax  capacity.    Based on estimated market and tax capacity values, the levy proposed herein will move the urban and  rural tax as follow:    Pay 2024 Proposed Tax Rate Calculations: Local Portion of General Expense $ 10,509,867 Divided by Tax Capacity $ 31,390,418 Urban Tax Capacity for General Expense 33.481% Less 10% for Rural -3.348% Local Portion of Debt Service Levy $ 921,494 Divided by Total Tax Capacity $ 31,886,972 Tax Capacity for Debt Service 2.890% Total Urban Tax Rate 36.371% Total Rural Tax Rate 33.023%     City Tax on Median Valued Homestead    According to the latest Washington County data, the median taxable value of a homestead property in Hugo  has increased $25,300 to $408,700, an increase of 6.60%.  The tax on this homestead will increase as  follows:    Pay 2024 Percent Change City Tax on Median Value Homestead: Median Taxable Value Prior to Exclusion $ 408,700 6.60% Market Value Exclusion $ (457) Median Taxable Value After Exclusion $ 408,243 7.24% Tax Capacity $ 4,082 Net Tax $ 1,485 7.24% Dollar Change $ 100     2024 Proposed Tax Levy  Page 5    Maximum Tax Levy    The preliminary tax levy adopted by the Council on September 18, 2023 can be decreased (but not  increased) following the budget and tax levy public hearing in December.  Thus, the preliminary levy  needs to be set at the maximum amount that the Council determines is appropriate.    Conclusion    The proposed tax levy provides for a balanced operating budget and provides funds to maintain a flat urban  tax rate.     Attachment    Resolution Approving Preliminary Tax Levy Payable in 2024                                            Fund Certified Tax Levy General Operating 101 8,867,181$ Park Improvements 225 92,000$ Fire Relief 226 27,869$ Equipment Purchasing 403 300,000$ Street Capital Improvements Program 408 1,760,000$ Stormwater Improvements 605 278,788$ Total General Levy 11,325,838$ Improvement Bonds of 2011 (General Obligations) 317 18,569$ Public Works Facility CIP Bonds (General Obligations) 324 434,359$ Lions Park Abatement Bonds (General Obligations) 325 540,109$ Total Debt Service Levy 993,037$ Total Certified Tax Levy 12,318,875$ Upon roll call, the following members voting AYE: Upon roll call, the following members voting NAY: Whereupon said resolution was declared passed and adopted this 18th of September, 2023. Tom Weidt, Mayor Michele Lindau, City Clerk BE IT FURTHER RESOLVED that the Truth-in-Taxation public hearing be held on Monday, December 4, 2023, at 7:00 at City Hall, 14669 Fitzgerald Avenue N, Hugo, Minnesota RESOLUTION 2023 - RESOLUTION APPROVING PRELIMINARY TAX LEVY PAYABLE IN 2024 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, WASHINGTON COUNTY, MINNESOTA, that the following sums of money be levied for the current year, payable in 2024, upon the taxable property in the City of Hugo, and certified to Washington County for collection: Agenda Number: G.6 CITY OF HUGO PLANNING AND ZONING APPLICATION STAFF REPORT TO: Bryan Bear, City Administrator FROM: Max Gort, Associate Planner SUBJECT: Nick Heinle – Prairie Homes, LLC, 14320 Grantaire Lane North – Encroachment agreement to allow a window well and fence within a drainage and utility easement on property located at 14320 Grantaire Lane North. DATE: September 13, 2023 for the City Council meeting of September 18, 2023 ZONING: Planned Unit Development (PUD) LAND USE: Low Density Residential (LD) 60-DAY REVIEW DEADLINE: September 29, 2023 1. 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 staff’s attention and staff required the applicant to apply for a variance to allow the additional encroachment of 1 foot 8 inches. At its August 24, 2023 meeting the Board of Zoning Appeals and Adjustments held a public hearing and considered the variance request. During the meeting, the applicant spoke to the construction of a fence on both sides of the house to mitigate the encroaching window well’s visibility from the street. The Board unanimously recommended approval of the variance request, which was approved by the City Council at its September 5, 2023 meeting. The City maintains a drainage and utility easement at a width of 5 feet on the side property lines and 10 feet on the rear property line. The fence is proposed to encroach on the easement around the perimeter of the property before it meets the rear profile of the house. The window well on the southeasterly side property line will encroach into the easement by 3 feet 8 inches. 2. DESCRIPTION OF REQUEST: The applicant has requested an encroachment agreement to allow construction of a window well and fence within a drainage and utility easement on property located at 14320 Grantaire Lane North. The Senior Engineering Technician has reviewed the location of the window well and 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 14320 Grantaire Lane North. ATTACHMENTS: 1.Location Map 2.Encroachment Agreement Resolution 3.Encroachment Agreement 4.Site Plans RESOLUTION 2023-XX APPROVING AN ENCROACHMENT AGREEMENT TO ALLOW CONSTRUCTION OF A WINDOW WELL AND FENCE WITHIN A DRAINAGE AND UTILITY EASEMENT ON THE PROPERTY LOCATED AT 14320 GRANTAIRE LANE NORTH WHEREAS, an application has been filed by Nick Heinle, Prairie Homes, LLC, that requests approval of an encroachment agreement to allow construction of a window well and fence within a drainage and utility easement on the property located at 14320 Grantaire Lane North, legally described as follows; Lot 10, Block 3, Victor Gardens East, Washington County, Minnesota. WHEREAS, the City Council approved a variance request at its September 5th, 2023 meeting to allow a window well to encroach an additional 1 foot, 8 inches into the allowed side yard setback. 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 14320 Grantaire Lane North. ADOPTED by the City Council this 18th day of September, 2023. ________________________________________ Tom Weidt, Mayor ATTEST: _________________________________ Michele Lindau, City Clerk ENCROACHMENT AGREEMENT THIS AGREEMENT is made this 18th day of September, 2023 by and between the CITY OF HUGO, a Minnesota municipality (hereinafter “City”) and, Nick Heinle, Prairie Homes, LLC, (hereinafter “Owner”), 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 10, Block 3, Victor Gardens East, Washington County, Minnesota.; and, WHEREAS, Owner is desirous of constructing a window well and a fence within the easement area; and, WHERAS, the City will permit the placement of a window well and 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 window well and a fence within the Easement, and the window well and 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 window well and fence and approved landscaping may be maintained or placed in the easement area. 3. Owner shall maintain the window well and 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 window well or fence or any part of it. Thereafter, Owner shall remove the window well or 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 window well or 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 window well or 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 window well and/or 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 window well and 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 _____________________________________ Nick Heinle Prairie Homes, LLC, Owner STATE OF MINNESOTA ) ) ss. (Individual Notary) COUNTY OF WASHINGTON) On this _____ day of __________________, 2023, before me, a Notary Public, personally appeared Nick Heinle, owner, Prairie Homes, LLC, 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 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 Assistant SUBJECT: Bald Eagle Sportsmen’s Association (BESA) - Special Use Permit (SUP) Review for property located at 6557 125th Street North DATE: September 14, 2023, for the City Council meeting of September 18, 2023 1. OVERVIEW: The Bald Eagle Sportsmen’s Association (BESA) has a SUP to operate a gun club on property located at 6557 125th Street (see attached permit). Condition 19 of the permit states that it shall be reviewed prior to December 1st of the even-numbered years, or if the SUP is amended or violated. There have been no changes on the property since the SUP was last amended on September 22, 2016 when an additional building was added. 2. ANALYSIS: Staff visited the gun club on July 13, 2023, and reviewed the site for compliance with the SUP. The property is generally maintained and meets the conditions outlined in their SUP. Staff is not aware of any complaints or violations to the operation of the Bald Eagle Sportsmen’s Association. 3. STAFF RECOMMENDATION: Staff recommended review of the SUP for the Bald Eagle Sportsmen’s Association with the condition that the fence be repaired along 125th Street. The SUP shall be reviewed again in two years to ensure BESA continues to meet all city ordinances and conditions of approval. 4. STAFF RECOMMENDATION: The Planning Commission recommends approval of the review of the SUP. Page 2 2 Attachments 1. BESA SUP 2. Site Maps K:\020855-000\Admin\Construction Admin\Pay Vouchers\020855-000 LTR PV2 to Cty 091323.docx 178 E 9TH STREET | SUITE 200 | SAINT PAUL, MN | 55101 | 651.286.8450 | WSBENG.COM September 13, 2023 Mr. Bryan Bear City of Hugo 14669 Fitzgerald Avenue North Hugo, MN 55038 Re: 2023 Birch Tree Ponds Area Street Improvements City of Hugo, MN WSB Project No. 020855-000 Dear Mr. Bear: Please find enclosed Construction Pay Voucher No. 2 for the above referenced project in the amount of $904,147.01. 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. 2 for Northwest Asphalt, Inc. The amount indicated above reflects work certified through September 13, 2023, with a 5% retainage applied. Please include one executed copy with the payment to Northwest Asphalt, Inc. 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 K:\020855-000\Admin\Docs\Council Memos and Resolutions\091423 Declare Costs and Set Assessment Hearing\Declare assessments and set assessment hearing.docx 701 XENIA AVENUE S | SUITE 300 | MINNEAPOLIS, MN | 55416 | 763.541.4800 | WSBENG.COM Memorandum To: Honorable Mayor and City Council Bryan Bear, City Administrator From: Mark Erichson, City Engineer Date: September 14, 2023 Re: 2023 Birch Tree Ponds Area Improvements Project Declare Costs to be Assessed and Set Assessment Hearing WSB Project No. 020855-000 On March 6, 2023, the City of Hugo awarded a construction contract for the completion of the 2023 Birch Tree Ponds Area Improvements Project. As part of the public improvement process, in accordance with the requirement of state statutes Chapter 429 for assessments to benefitting properties, we need to declare the costs to be assessed and conduct the assessment hearing. Staff has prepared two resolutions for your consideration. The first resolution is a resolution declaring the costs to be assessed and ordering the preparation of the proposed assessment roll for the 2023 Birch Tree Ponds Area Improvements Project. The second resolution is a resolution calling the hearing on assessments for the 2023 Birch Tree Ponds Area Improvements Project. Staff is requesting that the assessment hearing for the 2023 Birch Tree Ponds Area Improvements Project be set for October 16, 2023. A summary of the project costs is shown below: Total Project Cost: $1,959,000.00 Portion to be assessed: $ 672,900.00 Construction for the roadway improvements will continue through the fall of 2023. RESOLUTION NO. 2023 – A RESOLUTION DECLARING THE COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL FOR THE 2022 BIRCH TREE PONDS AREA IMPROVEMENTS PROJECT CITY OF HUGO, WASHINGTON COUNTY, MN WHEREAS estimated costs have been calculated for the 2023 Birch Tree Ponds Area Improvements consisting of the following roadway improvements:  Partial road reconstruction for Foxhill Avenue North, 138th Street North, Geneva Avenue North, 135th Street North, 135th Court North, Freeland Avenue North, Freeland Court North and Fountain Ave north of Egg Lake Road  Mill and overlay improvements on Fountain Ave south of Egg Lake Road The estimated cost for such improvements is $1,959,000. That portion of the project that is assessable is the roadway improvements with estimated costs is $672,900.00; and NOW, THEREFORE, IT BE RESOLVED, by the City Council of the City of Hugo, Minnesota, as follows: 1. The portion of the cost of the roadway improvement is hereby declared to be $1,959,000; and the portion of the cost to be assessed against benefited property owners is declared to be $672,900.00. 2. Assessments shall be payable in equal annual installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January 2024 and shall bear interest at the rate of 5.25 percent per annum from the date of the adoption of the assessment resolution. 3. The city clerk, with the assistance of the city engineer, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. 4. The clerk shall upon the completion of such proposed assessment, notify the council thereof. Council members voting AYE: Council members voting NAY: Whereupon said resolution was declared passed and adopted this 18th day of September 2023. ________________________ Tom Weidt, Mayor ATTEST: ___________________________________ Michele Lindau, City Clerk RESOLUTION NO. 2023 – A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE 2023 BIRCH TREE PONDS AREA IMPROVEMENTS PROJECT CITY OF HUGO, WASHINGTON COUNTY, MN WHEREAS by a resolution passed by the council on September 18, 2023, the City Clerk, with the assistance of the City consulting engineer, was directed to prepare a proposed assessment of the cost of 2023 Birch Tree Ponds Area Improvements Project, improving the following:  Partial road reconstruction for Foxhill Avenue North, 138th Street North, Geneva Avenue North, 135th Street North, 135th Court North, Freeland Avenue North, Freeland Court North and Fountain Ave north of Egg Lake Road  Mill and overlay improvements on Fountain Ave south of Egg Lake Road; and WHEREAS the clerk has notified the council that such proposed assessment has been completed and filed in her office for public inspection, NOW, THEREFORE, IT BE RESOLVED, by the City Council of the City of Hugo, Minnesota, as follows: 1. A hearing shall be held at 7:00 P.M. on October 16, 2023, in the city hall located at 14669 Fitzgerald Avenue North, Hugo, MN 55038, to pass upon such proposed assessment. All persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of the improvement. She shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City of Hugo, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. An owner may at any time, thereafter, pay to the City of Hugo the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. Adopted by the council this 18th day of September 2023. Council members voting AYE: Council members voting NAY: Whereupon said resolution was declared passed and adopted this 18th day of September, 2023. ________________________ Tom Weidt, Mayor ATTEST: ___________________________________ Michele Lindau, City Clerk 19/14/2023 4:10 PMMeetings in green are posted/scheduled 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) 2:30pm Environment Center Groundbreaking 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 BizSUNDAYMONDAYTUESDAYWEDNESDAYTHURSDAYFRIDAYSATURDAY 29/14/2023 4:10 PMMeetings in green are posted/scheduled 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 11:00am Fire Department Open House8910111213146:30pm BOZA7:00pm Planning Comm151617181920217:00pm City Council5:30pm EDA6:30pm Hist Comm7:00pm Parks Comm222324252627286:30pm BOZA7:00pm Planning Comm293031Nov 1234SUNDAYMONDAYTUESDAYWEDNESDAYTHURSDAYFRIDAYSATURDAY             The following items were distributed at  the Council meeting.  Bond 2023: Room To Grow1.Provide more learning space for our growing enrollment. 2.Improve school safety and security. 3.Replace aging facilities. With approximately 1,000 new students projected to join the district over the next 10 years, voters will be asked on November 7 to consider a bond request for new and expanded facilities. If approved, the bond funding would do 3 things:2023 BOND REFERENDU M STILL W A T ER AREA PUBLIC SCHOOLS • V TE NOV 7 1 Provide more learning spaces for our growing enrollment The bond would provide funds to make room for about 600 new students at the elementary level and for 300 new students at Oak- Land Middle School. • Lake Elmo is the fastest growing city in the state. • Lake Elmo, Andersen and Afton-Lakeland elementary schools and Oak-Land Middle School are already at or near capacity and projected to be significantly over capacity in the next 5-10 years. 2 Replace 100+ year old facilities The bond would provide funds to replace our oldest buildings - Andersen Elementary and Lake Elmo Elementary - with new, modern facilities. • Andersen Elementary was built in 1919 and Lake Elmo was built in 1920. They are among the top 100 oldest school buildings in the state. • Older buildings have deferred maintenance needs; ADA compliance issues. • Traditional-style buildings are out-dated and don’t meet the needs of today’s learners. They lack things like large or small group learning spaces and rooms for music, art and media. 3 Improve safety and security The bond would provide funds to add additional security features like emergency strobes and security glazing in school buildings, as well as remodel the front entryway at Stillwater Area High School. • Our last major investment in building security occurred in 2013 with proceeds from a levy referendum. Impact on Property Taxes The bond request would cost approximately $17 per month for taxpayers with a median priced home of $500,000. stillwaterschools.org/Bond The bond request is based on the recommendations of a community facilities planning team, along with feedback gathered during several community meetings and two district-wide surveys. The request will include the following projects: Replacing Andersen Elementary, preferably in Bayport • Increased capacity to address growth, as well as relieve pressure at Afton-Lakeland Elementary • Flexible learning spaces and modern learning environments • Designated spaces for music, media, art and special education • Larger gymnasium, cafeteria and other community/gathering spaces • Larger campus with access to playing fields and green space, and safer traffic flow Construction of additional classroom spaces and a new gymnasium at Oak-Land Middle School • Increased capacity to address future growth • Larger gymnasium and adequately-sized media center • Better circulation with larger hallways • New commons area in the center of the building Safety and security improvements throughout district facilities, including a secured front entrance addition and remodel at Stillwater Area High School • Remodel the front entryway at Stillwater Area High School for better visibility, increased security, and improved traffic flow • Add security strobe lights in all buildings for high noise areas and outdoor spaces to alert staff and students of an emergency • Add security glazing on windows at key points for schools that don’t already have this New learning spaces for Fall 2026 With approval of the bond, facility improvements would be completed by Fall 2026. That means today’s kindergarten students would begin 3rd grade in the new elementary schools. Learn more Replacing Lake Elmo Elementary within the city of Lake Elmo • Increased capacity to address future growth within the community • Room to expand enrollment in Spanish Immersion • Full ADA (American Disabilities Act) accessibility • Designated spaces for music, media, art and special education • Larger gymnasium, cafeteria and other community/gathering spaces • Flexible learning spaces and modern learning environments • Larger campus with more playing fields and green space, and safer traffic flow stillwaterschools.org/Bond