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2024.05.06 CC Packet
A. CALL TO ORDER B. ROLL CALL C. PLEDGE OF ALLEGIANCE D. APPROVAL OF MINUTES 1. April 15, 2024, City Council Meeting 2. April 22, 2024, Council Workshop 3. April 24, 2024, Metro Cities Annual Meeting E. APPROVAL OF AGENDA F. APPOINTMENTS/PRESENTATIONS 1. 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 Performance Review for Building Department Secretary Debi Close 3. Approve Annual Performance Review for Parks Planner Shayla Denaway 4. Approve Annual Performance Review for Parks Lead Worker Rick Kieffer 5. Approve Six-Month Performance Review for Fire Chief Jim Compton, Jr. 6. Approve Fire Department Job Descriptions 7. Approve Donation from the Hugo American Legion to the Hugo Fire 8. Approve Special Event Permit for New Life Church on Sunday, June 9, 2024 9. Approve Special Event Permit for MS 150 on Sunday, June 9, 2024 10. Approve Special Event Permit for Blacksmith Lounge 2024 Summer Events 11. Approve Special Event Permit for North Star Regional Rodeo on July 26-28, 2024 12. Approve Temporary Liquor License for the North Star Gay Rodeo on July 26-28, 2024 13. Approve Temporary Liquor License for the Lions Club for Good Neighbor Days 14. Approve Hold Harmless and Indemnification Agreement – Oneka Prairie 15. Approve Encroachment Agreement for 5562 130th Way North 16. Approve Encroachment Agreement for 16211 Finale Avenue North 17. Approve Encroachment Agreement for 15352 Goodview Avenue North 18. Approve Encroachment Agreement for 14123 Oneka Parkway North 19. Approve Preparation of Shoreland Ordinance Revisions 20. Approve Pay Request No. 3 to C.W. Houle for Lift Station 12 Project 21. Approve Hydrology Data Collection by WSB for the North Star Wetland Bank 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, May 6, 2024 Address: 14669 Fitzgerald Ave. N. Hugo, MN 55038 Phone: 651-762-6300 Website: www.ci.hugo.mn.us H. PUBLIC HEARING 1. Cost to be Assessed for the property located at 14197 Forest Blvd. N. I. UNFINISHED BUSINESS 1. Nothing Scheduled J. NEW BUSINESS 1. Approve Site Plan and Interim Use Permit for Solar Farm on Everton Avenue North K. VISITOR PRESENTATIONS 1. Nothing Scheduled L. COUNCIL PRESENTATIONS 1. Nothing Scheduled M. ADMINISTRATIVE PRESENTATIONS 1. Schedule Performance Review for City Administrator for Monday, May 20, 2024 2. Shred It and Forget It Event on Thursday, May 9 and Friday, October 4, 2024 3. Reminder - Diamond Point Park Neighborhood Meeting on Wednesday, May 15, 2024 N. ADJOURNMENT BACKGROUND MEMO FOR THE CITY COUNCIL MEETING ON MAY 6, 2024 D.1 April 15, 2024, City Council Meeting D.2 April 22, 2024, Council Workshop D.3 April 24, 2024, Metro Cities Annual Meeting Staff recommends Council approve the above minutes as presented. G. 1 Approve Claims Roster Staff recommends Council approve the Claims Roster as presented. G.2 Approve Performance Review for Building Department Secretary Debi Close Debi Close was hired as the City’s Building Department Receptionist on March 20, 2006. Building Official Joel Hoistad recommends Council approve the annual performance review for Building Department Receptionist Debi Close. G.3 Approve Annual Performance Review for Parks Planner Shayla Denaway Shayla Denaway was hired on May 11, 2009, as the Economic Development/Parks Intern. On May 3, 2010, Council approved promoting Shayla as the new Parks Planner. Community Development Director Rachel Juba recommends approval of the annual performance review for Parks Planner Shayla Denaway. G.4 Approve Annual Performance Review for Parks Lead Worker Rick Kieffer Rick Kieffer was re-hired by the City of Hugo as a Public Works Worker on May 31, 2005, returning after a short period of time in the private sector. Rick was recently promoted to Public Works Parks Lead Worker. Rick works under the direction of Public Works Director Scott Anderson who recommends Council approve the Annual Performance Review for Public Works Parks Lead Worker Rick Kieffer. G.5 Approve Six-Month Performance Review for Fire Chief Jim Compton, Jr. At its October 16, 2023, meeting Council approved the hiring of Jim Compton, Jr. as the City’s first fulltime Fire Chief with a starting date of November 20, 2023. According to the City’s Personnel Policy, all appointments for regular full-time employees are subject to a six-month training and evaluation period. City Administrator Bryan Bear recommends Council approve the six-month performance review for Fire Chief Jim Compton. G.6 Approve Fire Department Job Descriptions At the April 22, 2024, workshop, Council discussed the culture and structure of the Hugo Fire Department. Part of that discussion was the need to update the job descriptions for the officers on the department. Fire Chief Jim Compton, Jr. has drafted new job descriptions for: Chief Engineer, Assistant Chief, Deputy Chief, Captain, Lieutenant, Engineer, Firefighter, and Fire Marshal. Staff recommends Council approve the new job descriptions for the Fire Department officers. G.7 Approve Donation from the Hugo American Legion to the Hugo Fire The Hugo American Legion would like to donate $1,000 to the Hugo Fire Department from pull-tab proceeds for equipment and training. All donations to the Fire Department must be approved by the Council. Staff recommends Council approve the donation of $1,000 to the Hugo Fire Department. G.8 Approve Special Event Permit for New Life Church on Sunday, June 9, 2024 David Streitz on behalf of New Life Church has applied for a Special Event Permit to hold an outdoor event on Sunday, June 9, 2024. A Special Event Permit is required because they are using an amplified sound system during the event. The event will include a free outdoor service held from 9-10:30 a.m. followed by a picnic from noon-4 p.m. Approximately 100 people are expected to attend. The event will include a potluck and games. Amplified sound will be used for the service and possibly for games during the picnic. There may also be 1-2 small canopy tents set up for the event. Staff recommends Council approve the Special Event Permit for New Life Church for an outdoor event on June 9, 2024. G.9 Approve Special Event Permit for MS 150 on Sunday, June 9, 2024 The Multiple Sclerosis Society has applied for a Special Event Permit (SEP) for their annual fundraising bicycle event to be held on June 8-9, 2024, from Proctor, MN to White Bear Lake, MN. On the second day of the ride, bikers will be traveling south through Hugo, primarily on the Hardwood Creek Trail and Highway 61. Council must approve SEPs where there is expected to be over 200 people in attendance. The MS 150 will have approximately 1,800 riders. Staff recommends Council approve the SEP as described in their application in addition to conditions in the SEP memo. G.10 Approve Special Event Permit for Blacksmith Lounge 2024 Summer Events The Blacksmith Lounge, 17205 Forest Boulevard North, has applied for a Special Event Permit for their 2024 events to be held between Memorial Day and end of September. Events include four auctions, seven car shows, one motorcycle swap meet, and one fundraising event. A SEP approved by Council is required because there will be alcohol served outside and there may be up to 200 people in attendance. Staff recommends Council approve the Special Event Permit for the Blacksmith Lounge. G.11 Approve Special Event Permit for North Star Gay Rodeo on July 26-28, 2024 The North Star Gay Rodeo has applied for a Special Event Permit to hold a regional rodeo at the Dead Broke Arena site at 5676 170th Street North on July 26-28, 2024. A SEP is required because there will be amplified sound and alcohol served outside. Staff recommends Council approve the SEP for the North Star Gay Rodeo as outlined in their application. G.12 Approve Temporary Liquor License for the North Star Gay Rodeo on July 26-28, 2024 North Star Gay Rodeo Association has applied for a Temporary On-Sale Liquor License to serve alcohol at their rodeo event on July 26-28, 2024, at the Dead Broke Arena, 5676 170th Street North. Staff has received the completed application, fee, and proof of liquor liability insurance. Staff recommends Council approve the Temporary On-Sale Liquor License for the North Star Gay Rodeo. G.13 Approve Temporary Liquor License for the Lions Club for Good Neighbor Days The Hugo Lions Club has applied for a Temporary On-Sale Liquor License to serve alcohol at the Hugo Good Neighbor Days on June 7-9, 2024. The Lions Club has completed the application and paid the fee. Staff recommends Council approve the On-Sale Liquor License for the Hugo Lions for Good Neighbor Days subject to receipt of the appropriate Certificate of Liquor Liability Insurance for the event. G.14 Approve Hold Harmless and Indemnification Agreement – Oneka Prairie Capstone Homes-MN is seeking a Certificate of Occupancy for a home recently constructed at 4807 162 Way North. The Oneka Prairie development is to be served by the newly constructed Lift Station No. 12; however, the lift station is not yet fully functioning, and the official startup has yet to occur. The project is, however, near completion. As identified in Exhibit B of the development agreement, prior to the issuance of Certificate of Occupancy, the lift station shall be constructed and fully functioning. Staff has worked with Capstone Homes-MN to prepare a Hold Harmless and Indemnification Agreement where the builder is responsible to ensure the lift station is checked and pumped as necessary and is responsible if there are any damages related to the builder’s request for a Certificate of Occupancy at 4807 162nd Way prior to the lift station being fully operational. Staff recommends approval of this agreement. G.15 Approve Encroachment Agreement for 5562 130th Way North Alicia Knafla has requested an encroachment agreement to allow construction of a fence within a drainage and utility easement on property located at 5562 130th Way North. The Senior Engineering Technician has reviewed the location of the fence and is comfortable with the request. Staff recommends Council approve the resolution approving the encroachment agreement for 5562 130th Way North. G.16 Approve Encroachment Agreement for 16211 Finale Avenue North Marc Roles has requested an encroachment agreement to allow construction of a fence within a drainage and utility easement on property located at 16211 Finale Avenue North. The Senior Engineering Technician has reviewed the location of the fence and is comfortable with the request. Staff recommends Council approve the resolution approving the encroachment agreement for 16211 Finale Avenue North. G. 17 Approve Encroachment Agreement for 15352 Goodview Avenue North Susan Powell and Marylou Cunningham have requested an encroachment agreement to allow construction of a fence within a drainage and utility easement on property located at 15352 Goodview Avenue North. The Senior Engineering Technician has reviewed the location of the fence and is comfortable with the request. Staff recommends Council approve the resolution approving the encroachment agreement for 15352 Goodview Avenue North. G.18 Approve Encroachment Agreement for 14123 Oneka Parkway North Tim and Carli Hofferber have requested an encroachment agreement to allow construction of a fence within a drainage and utility easement on property located at 14123 Oneka Parkway North. The Senior Engineering Technician has reviewed the location of the fence and is comfortable with the request. Staff recommends Council approve the resolution approving the encroachment agreement for 14123 Oneka Parkway North. G.19 Approve Preparation of Shoreland Ordinance Revisions The EDA has been discussing the future of the City owned property in downtown. They have approved a marketing plan for the property. With the approval, they made a recommendation to start the process with the DNR on amending and updating the shoreland ordinance to include implementation flexibility. Implementation flexibility allows local governments to deviate from certain shoreland rules in the State Statute but will require incorporation of restrictive or higher standards in other areas of the shoreland ordinance. It is in staff’s opinion that the shoreland ordinance should be reviewed and updated. The shoreland ordinance is out of date and there are other benefits to updating the ordinance that will give the City more administrative approvals. Staff recommends the City Council authorize staff to start the ordinance amendment process. G.20 Approve Pay Request No. 3 to C.W. Houle for Lift Station 12 Project C.W. Houle, Inc. has submitted Pay Request No. 3 in the amount of $140,204.04 for work certified through April 20, 2024, on the Lift Station No. 12 Project. The electrical work has been completed and the lift station will be operational soon. Staff recommends Council approve payment to C.W. Houle, Inc. in the amount of $140,204.04. G.21 Approve Hydrology Data Collection by WSB for the North Star Wetland Bank At the meeting of June 12, 2023, Council approved a scope of work from WSB to prepare and submit the prospectus document for the North Star Wetland Bank. Additional data was collected in 2023. The prospectus was drafted in winter 2024 and submitted for evaluation by the Technical Evaluation Panel. The TEP has not yet made a decision on the prospectus, but it is likely that additional hydrology data will be required. In 2023, the Council approved the purchase of data loggers. WSB provided an estimate of $7,852 to relocate existing monitoring wells, install the city’s data loggers, and compile hydrology data in 2024. Staff is recommending approval of 2024 hydrology data collection at North Star Wetland Bank by WSB, estimated at $7,852. H.1 Public Hearing on Cost to be Assessed for the property located at 14197 Forest Blvd. N. On May 15, 2023, the City Council adopted a resolution approving an order regarding a hazardous and substandard building located at 14197 Forest Boulevard North, Hugo, MN 55038, due to a fire. The Court issued an Order for demolition on October 25, 2023, and stated that the cost of the demolition and expenses incurred to carry out the Order will be assessed against the property. The demolition of the building was completed on February 14, 2024. The total cost of demolition and expenses incurred total $37,676.75. Staff recommends the City Council adopt the resolutions for declaring the cost to be assessed and ordering of the assessment against the property. J.1 Approve Site Plan and Interim Use Permit for Solar Farm on Everton Avenue North EESolar13, LLC for Enterprise Energy, LLC is requesting approval of a site plan and an interim use permit for a solar farm located east of Everton Avenue North and north of 149th Street North. Staff recommended approval of the requests to the Planning Commission, who held a public hearing and received comments at its April 11, 2024 meeting. The Planning Commission unanimously voted to recommend that the City Council approve the site plan and IUP requests, subject to the conditions in the approving resolution. M.1 Schedule Performance Review for City Administrator for Monday, May 20, 2024 Bryan Bear has been employed with the City since May 3, 2004. Bryan served as the Community Development Director until being appointed the City Administrator on November, 7, 2011. Staff requests Council schedule the annual performance review for City Administrator Bryan Bear. Staff recommends scheduling the performance review for Monday, May 20, 2024, at 6 p.m., prior to the regular Council meeting at 7 p.m. M.2 Shred It and Forget It Event on Thursday, May 9 and Friday, October 4, 2024 The City will hold a Shred It and Forget It event on Thursday, May 9 and Friday, October 4, 2024, in the parking lot at City Hall. Residents can bring up to five bags of paper to be shredded for free between 8 a.m. and 10 a.m. This event is being paid for with the Washington County recycling grant. M.3 Reminder - Diamond Point Park Neighborhood Meeting on Wednesday, May 15, 2024 Council has scheduled a meeting to attend the Diamond Point Park neighborhood meeting on Wednesday, May 15, 2024, at 7:00 pm at the Peder Pedersen Pavilion. The Hugo Parks Commission has invited the neighborhood in to view proposals from playground vendors for new play equipment. Plans to reconstruct and update the park this summer will be shared. N.1 Adjournment MINUTES City Council Meeting City Hall Council Chambers Monday, May 6, 2024 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, City Attorney Dave Snyder, Community Development Director Rachel Juba, City Clerk Michele Lindau Approval of Minutes for the April 15, 2024, City Council Meeting Petryk made motion, Klein seconded, to approve the minutes for the City Council meeting held on April 15, 2024, as presented. All Ayes. Motion carried. Approval of Minutes for the April 22, 2024, Council Workshop Klein made motion, Strub seconded, to approve the minutes for the Council Workshop held on April 22, 2024, as presented. All Ayes. Motion carried. Approval of Minutes for the April 24, 2024, Metro Cities Annual Meeting Klein made motion, Strub seconded, to approve the minutes from the Metro Cities Annual Meeting held on April 24, 2024, as presented. All Ayes. Motion carried. Approval of Agenda Weidt made motion, Miron seconded, to approve the agenda as presented. All Ayes. Motion carried. Council Meeting Minutes for May 6, 2024 Page 2 of 13 Approval of Consent Agenda Miron made motion, Petryk seconded, to approve the following Consent Agenda: 1. Approve Claims Roster 2. Approve Performance Review for Building Department Secretary Debi Close 3. Approve Annual Performance Review for Parks Planner Shayla Denaway 4. Approve Annual Performance Review for Parks Lead Worker Rick Kieffer 5. Approve Six-Month Performance Review for Fire Chief Jim Compton, Jr. 6. Approve Fire Department Job Descriptions 7. Approve Donation from the Hugo American Legion to the Hugo Fire 8. Approve Special Event Permit for New Life Church on Sunday, June 9, 2024 9. Approve Special Event Permit for MS 150 on Sunday, June 9, 2024 10. Approve Special Event Permit for Blacksmith Lounge 2024 Summer Events 11. Approve Special Event Permit for North Star Regional Rodeo on July 26-28, 2024 12. Approve Temporary Liquor License for the North Star Gay Rodeo on July 26-28, 2024 13. Approve Temporary Liquor License for the Lions Club for Good Neighbor Days 14. Approve Hold Harmless and Indemnification Agreement – Oneka Prairie 15. Approve Encroachment Agreement for 5562 130th Way North 16. Approve Encroachment Agreement for 16211 Finale Avenue North 17. Approve Encroachment Agreement for 15352 Goodview Avenue North 18. Approve Encroachment Agreement for 14123 Oneka Parkway North 19. Approve Preparation of Shoreland Ordinance Revisions 20. Approve Pay Request No. 3 to C.W. Houle for Lift Station 12 Project 21. Approve Hydrology Data Collection by WSB for the North Star Wetland Bank All Ayes. Motion carried. Approve Claims Roster Adoption of the Consent Agenda approved the Claims Roster as presented. Approve Performance Review for Building Department Secretary Debi Close Debi Close was hired as the City’s Building Department Receptionist on March 20, 2006. Adoption of the Consent Agenda approved the annual performance review for Building Department Receptionist Debi Close. Approve Annual Performance Review for Parks Planner Shayla Denaway Shayla Denaway was hired on May 11, 2009, as the Economic Development/Parks Intern. On May 3, 2010, Council approved promoting Shayla as the new Parks Planner. Adoption of the Consent Agenda approved the annual performance review for Parks Planner Shayla Denaway. Council Meeting Minutes for May 6, 2024 Page 3 of 13 Approve Annual Performance Review for Parks Lead Worker Rick Kieffer Rick Kieffer was re-hired by the City of Hugo as a Public Works Worker on May 31, 2005 returning after a short period of time in the private sector. Rick was promoted to Public Works Parks Lead Worker on April 17, 2023. Adoption of the Consent Agenda approved the Annual Performance Review for Public Works Parks Lead Worker Rick Kieffer. Approve Six-Month Performance Review for Fire Chief Jim Compton, Jr. At its October 16, 2023, meeting, Council approved the hiring of Jim Compton, Jr. as the City’s first fulltime Fire Chief with a starting date of November 20, 2023. According to the City’s Personnel Policy, all appointments for regular full-time employees were subject to a six-month training and evaluation period. Adoption of the Consent Agenda approved the six-month performance review for Fire Chief Jim Compton and removal of probationary period. Approve Fire Department Job Descriptions At the April 22, 2024, workshop, Council discussed the culture and structure of the Hugo Fire Department. Part of that discussion was the need to update the job descriptions for the officers in the department. Fire Chief Jim Compton, Jr. had drafted new job descriptions. Adoption of the Consent Agenda approved the new job descriptions for Chief Engineer, Assistant Chief, Deputy Chief, Captain, Lieutenant, Engineer, Firefighter, and Fire Marshal. Approve Donation from the Hugo American Legion to the Hugo Fire The Hugo American Legion requested to donate $1,000 to the Hugo Fire Department from pull-tab proceeds for equipment and training. All donations to the Fire Department needed to be approved by the Council. Adoption of the Consent Agenda approved the donation of $1,000 to the Hugo Fire Department. Approve Special Event Permit for New Life Church on Sunday, June 9, 2024 David Streitz on behalf of New Life Church had applied for a Special Event Permit to hold an outdoor event on Sunday, June 9, 2024. A Special Event Permit was required because they would be using an amplified sound system during the event. The event would include a free outdoor service held from 9-10:30 a.m. followed by a picnic from noon-4 p.m. Approximately 100 people were expected to attend. Adoption of the Consent Agenda approved the Special Event Permit for New Life Church for an outdoor event on June 9, 2024. Approve Special Event Permit for MS 150 on Sunday, June 9, 2024 The Multiple Sclerosis Society had applied for a Special Event Permit (SEP) for their annual fundraising bicycle event to be held on June 8-9, 2024, from Proctor, MN to White Bear Lake, MN. On the second day of the ride, bikers would be traveling south through Hugo, primarily on the Hardwood Creek Trail and Highway 61. Council needed to approve SEPs where there are expected to be over 200 people in attendance. The MS 150 would have approximately 1,800 riders. Adoption of the Consent Agenda approved the SEP as described in their application in addition to conditions in the SEP memo. Council Meeting Minutes for May 6, 2024 Page 4 of 13 Approve Special Event Permit for Blacksmith Lounge 2024 Summer Events The Blacksmith Lounge, 17205 Forest Boulevard North, had applied for a Special Event Permit for their 2024 events to be held between Memorial Day and end of September. Events included four auctions, seven car shows, one motorcycle swap meet, and one fundraising event. A SEP approved by Council was required because there will be alcohol served outside and there may be up to 200 people in attendance. Adoption of the Consent Agenda approved the Special Event Permit for the Blacksmith Lounge. Approve Special Event Permit for North Star Gay Rodeo on July 26-28, 2024 The North Star Gay Rodeo had applied for a Special Event Permit to hold a regional rodeo at the Dead Broke Arena site at 5676 170th Street North on July 26-28, 2024. A SEP was required because there would be amplified sound and alcohol served outside. Adoption of the Consent Agenda approved the SEP for the North Star Gay Rodeo as outlined in their application. Approve Temporary Liquor License for the North Star Gay Rodeo on July 26-28, 2024 North Star Gay Rodeo Association had applied for a Temporary On-Sale Liquor License to serve alcohol at their rodeo event on July 26-28, 2024, at the Dead Broke Arena, 5676 170th Street North. Staff had received the completed application, fee, and proof of liquor liability insurance. Adoption of the Consent Agenda approved the Temporary On-Sale Liquor License for the North Star Gay Rodeo. Approve Temporary Liquor License for the Lions Club for Good Neighbor Days The Hugo Lions Club had applied for a Temporary On-Sale Liquor License to serve alcohol at the Hugo Good Neighbor Days on June 7-9, 2024. The Lions Club had completed the application and paid the fee. Adoption of the Consent Agenda approved the On-Sale Liquor License for the Hugo Lions for Good Neighbor Days subject to receipt of the appropriate Certificate of Liquor Liability Insurance for the event. Approve Hold Harmless and Indemnification Agreement – Oneka Prairie Capstone Homes-MN was seeking a Certificate of Occupancy for a home recently constructed at 4807 162 Way North. The Oneka Prairie development was to be served by the newly constructed Lift Station No. 12; however, the lift station was not yet fully functioning, and the official startup had yet to occur. The project was, however, near completion. As identified in Exhibit B of the development agreement, prior to the issuance of Certificate of Occupancy, the lift station needed to be constructed and fully functioning. Staff had worked with Capstone Homes-MN to prepare a Hold Harmless and Indemnification Agreement where the builder was responsible to ensure the lift station was checked and pumped as necessary and was responsible if there were any damages related to the builder’s request for a Certificate of Occupancy at 4807 162nd Way prior to the lift station being fully operational. Adoption of the Consent Agenda approved the Hold Harmless and Indemnification Agreement. Council Meeting Minutes for May 6, 2024 Page 5 of 13 Approve Encroachment Agreement for 5562 130th Way North Alicia Knafla had requested an encroachment agreement to allow construction of a fence within a drainage and utility easement on property located at 5562 130th Way North. The Senior Engineering Technician had reviewed the location of the fence and was comfortable with the request. Adoption of the Consent Agenda approved RESOLUTION 2024-12 APPROVING AN ENCROACHMENT AGREEMENT TO ALLOW CONSTRUCTION OF A FENCE WITHIN A DRAINAGE AND UTILITY EASEMENT ON THE PROPERTY LOCATED AT 5562 130TH WAY NORTH. Approve Encroachment Agreement for 16211 Finale Avenue North Marc Roles had requested an encroachment agreement to allow construction of a fence within a drainage and utility easement on property located at 16211 Finale Avenue North. The Senior Engineering Technician had reviewed the location of the fence and was comfortable with the request. Adoption of the Consent Agenda approved RESOLUTION 2024-13 APPROVING AN ENCROACHMENT AGREEMENT TO ALLOW CONSTRUCTION OF A FENCE WITHIN A DRAINAGE AND UTILITY EASEMENT ON THE PROPERTY LOCATED AT 16211 FINALE AVENUE NORTH. Approve Encroachment Agreement for 15352 Goodview Avenue North Susan Powell and Marylou Cunningham had requested an encroachment agreement to allow construction of a fence within a drainage and utility easement on property located at 15352 Goodview Avenue North. The Senior Engineering Technician had reviewed the location of the fence and was comfortable with the request. Adoption of the Consent Agenda approved RESOLUTION 2024-14 APPROVING AN ENCROACHMENT AGREEMENT TO ALLOW CONSTRUCTION OF A FENCE WITHIN A DRAINAGE AND UTILITY EASEMENT ON THE PROPERTY LOCATED AT 15352 GOODVIEW AVENUE NORTH. Approve Encroachment Agreement for 14123 Oneka Parkway North Tim and Carli Hofferber had requested an encroachment agreement to allow construction of a fence within a drainage and utility easement on property located at 14123 Oneka Parkway North. The Senior Engineering Technician had reviewed the location of the fence and was comfortable with the request. Adoption of the Consent Agenda approved RESOLUTION 2024-15 APPROVING AN ENCROACHMENT AGREEMENT TO ALLOW CONSTRUCTION OF A FENCE WITHIN A DRAINAGE AND UTILITY EASEMENT ON THE PROPERTY LOCATED AT 14123 ONEKA PARKWAY NORTH. Approve Preparation of Shoreland Ordinance Revisions The EDA had been discussing the future of the City owned property in downtown and had approved a marketing plan for the property. With the approval, they made a recommendation to start the process with the DNR on amending and updating the shoreland ordinance to include implementation flexibility. Implementation flexibility would allow local governments to deviate from certain shoreland rules in the State Statute but would require incorporation of restrictive or higher standards in other areas of the shoreland ordinance. It is in staff’s opinion that the Council Meeting Minutes for May 6, 2024 Page 6 of 13 shoreland ordinance should be reviewed and updated. The shoreland ordinance was out of date and there were other benefits to updating the ordinance that would give the City more administrative approvals. Adoption of the Consent Agenda authorized staff to start the ordinance amendment process. Approve Pay Request No. 3 to C.W. Houle for Lift Station 12 Project C.W. Houle, Inc. had submitted Pay Request No. 3 in the amount of $140,204.04 for work certified through April 20, 2024, on the Lift Station No. 12 Project. The electrical work had been completed and the lift station would be operational soon. Adoption of the Consent Agenda approved payment to C.W. Houle, Inc. in the amount of $140,204.04. Approve Hydrology Data Collection by WSB for the North Star Wetland Bank At the meeting of June 12, 2023, Council approved a scope of work from WSB to prepare and submit the prospectus document for the North Star Wetland Bank. Additional data was collected in 2023. The prospectus was drafted in winter 2024 and submitted for evaluation by the Technical Evaluation Panel. The TEP had not yet made a decision on the prospectus, but it was likely that additional hydrology data would be required. In 2023, the Council approved the purchase of data loggers. WSB provided an estimate of $7,852 to relocate existing monitoring wells, install the City’s data loggers, and compile hydrology data in 2024. Adoption of the Consent Agenda approved 2024 hydrology data collection at North Star Wetland Bank by WSB, estimated at $7,852. Public Hearing on Cost to be Assessed for the property located at 14197 Forest Blvd. N. Community Development Director Rachel Juba explained that on May 15, 2023, the City Council adopted a resolution approving an order regarding a hazardous and substandard building located at 14197 Forest Boulevard North, due to a fire. During March and April 2023, the City had sent the property owner letters notifying them of the nuisance and hazardous state of the building. The Court issued an Order for demolition on October 25, 2023, and stated that the cost of the demolition and expenses incurred to carry out the Order would be assessed against the property. The demolition of the building was completed on February 14, 2024. The total cost of demolition and expenses incurred was $37,676.75. This would be assessed over 10 years at 5.25 percent. Notices were sent to the property owner and other interested parties that the hearing was being held, and it also provided the payments options. The prepared resolution stated no building permits could be issued until the expenses were paid. She recommended the Council hold the public hearing and adopt the resolutions approving the expense report and order preparation of the assessment against the property. Mayor opened the public hearing. Tim Lindgren, property owner, and Mike Walters, Public Insurance Adjuster for DTL Global, approached the podium and explained the claim had not yet been settled and they were asking for a little more time. Walters said the property was in dispute with All State Insurance and DTL Global and it should be resolved this fall. Weidt asked what the plan was to pay. Walters responded that All State was responsible for Council Meeting Minutes for May 6, 2024 Page 7 of 13 paying the bill. The plan was to submit the paperwork to the attorney at All State. He said they should get full reimbursement, and they planned on rebuilding. There were no other comments, and Weidt closed the public hearing. Weidt asked staff if there would be a problem with waiting for payment. Rachel responded that according to the notice, it would need to be paid in a short amount of time before interest incurred. The assessment would not be sent to the County until the Fall for taxes payable in 2025. It could be paid in full before that without interest. The resolutions would assure the assessed amount was recorded against the property. If the owner were to sell it, the buyer would know there was an assessment. Miron asked if the interest payment could be waived until the amount has to be sent to the County to be included in the County’s assessment. Bear responded that the property owner can pay in full until November without interest. Then it would be certified to the County and that’s when interest starts to accrue. Klein made motion, Miron seconded, to approve RESOLUTION NO. 2024-16 ADOPTING AN EXPENSE REPORT AND COSTS TO BE ASSESSED FOR COSTS INCURRED IN CARRYING OUT AND ENFORCING THE HAZARDOUS BUILDING PROCEEDINGS AGAINST THE PROPERTY LOCATED AT 14197 FOREST BOULEVARD NORTH, HUGO, MINNESOTA. All Ayes. Motion carried. Klein made motion, Strub seconded, to approve RESOLUTION NO. 2024-17 DECLARING COST TO BE ASSESSED, AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR PROPERTY LOCATED AT 14197 FOREST BOULEVARD NORTH. All Ayes. Motion carried. Approve Site Plan and Interim Use Permit for Solar Farm on Everton Avenue North EESolar13, LLC for Enterprise Energy, LLC had requested approval of a site plan and an interim use permit for a solar farm located east of Everton Avenue North and north of 149th Street North. City Administrator Bryan Bear explained that a public hearing was held at the Planning Commission on April 11, 2024, but Council could take public comment if they wished. Associate Planner Max Gort explained the Planning Commission concerns and discussion on it not fitting in with the character of the area, screening and fencing, and other. The Commission voted to approve the site plan and interim use permit with additional conditions requiring ten- foot-tall trees along the southern side and the fence be changed to a black vinal-coated chain link fence. Gort provided background on the ordinance and the surrounding area. The ordinance regulating solar energy was adopted in 2016, and the only project in Hugo was built in 2018. The ordinance was recently revised in July 2023. The proposed solar farm on Everton Avenue would be located on a vacant, approximately 12-acre parcel surrounded by other 10-acre parcels Council Meeting Minutes for May 6, 2024 Page 8 of 13 with townhomes and single-family developments surrounding them. In 2006, these larger parcels were removed from the MUSA, so they were not eligible for sewer and water. Those parcels were zoned Agricultural and identified in the 2040 Land Use Plan as Large Lot Residential. He explained the request was for Site Plan approval and an Interim Use Permit. No variances were requested. He presented the site plan that showed solar panels overlayed on it and the landscape plan being proposed by the applicant to provide screening from adjacent properties. Gort reviewed the performance standards required in the ordinance for an IUP for a solar farm and explained how the applicant had met all the performance standards and criteria necessary for approval. He focused on two of the criteria. First, the construction of the solar farm could not impede the City’s ability to implement its own Comprehensive Plan. He explained the parcel was not in the MUSA and could not be subdivided because zoning required a ten-acre minimum lot size; therefore, it would not impede on implementing the Comprehensive Plan. Secondly, the solar farm would need to be compatible with the character of the area. Gort described the surrounding Agricultural uses and explained how the solar farm would have a low impact on adjacent properties. He said it was staff’s opinion that the proposal was compatible with the character of the surrounding area. Staff had also reviewed the site plan requirements saying most of them overlapped the IUP requirements except ones relating to stormwater management and wetlands. Staff found that solar panels would not affect overall drainage patterns. There were 3.6 acres of wetlands on the site, and the solar array would be constructed in a portion of it, as was permitted by ordinance. The applicant had received a no-loss exemption from the Technical Evaluation Panel for the construction. Gort concluded his presentation by saying staff had found the proposal met all requirements of City Code. The Planning Commission unanimously voted to recommend approval to the Council with the two added conditions. He explained that based on feedback from the public hearing and recent correspondence from neighboring residents relating to the character of the area, staff drafted a resolution with findings of fact for denial for the Council to also consider. Strub asked about barbed wire on the top of the fence that was mentioned during the Planning Commission public hearing. Gort responded that the Planning Commission did not recommend it being changed, and it is still on the plan. Petryk asked if the applicant was the property owner or if it would be a long-term lease. Gort replied that the applicant had a purchase agreement with the owner. Weidt noted there were a lot of attendees that may want to speak, even though this was not a public hearing. He asked the developer to speak first. Evan Carlson from Enterprise Energy, 2925 Dean Parkway in Minneapolis, explained he was the owner of the company and had the purchase agreement on the property. He said that about a year and half ago, he started working on this project. He said he has a lot in it, and it is an important project for him, and he intends to own it long term. He said he knew it was not popular with surrounding landowners, so he wanted it to be done well. Carlson indicated he followed all the requirements of the ordinance, which he found to be very robust, and they were using an area that was not suited for anything else. Carlson said his wife was a veterinarian and has respect for people who rehab animals. He said he understood their concerns and wanted to do his best to Council Meeting Minutes for May 6, 2024 Page 9 of 13 address them and do it in a way that makes people happy. He talked about other solar panels in the neighborhood saying the only difference was that these were on the ground. He said the City had done a good job protecting the aesthetics of the neighborhood by requiring setbacks. In addition to the vegetation management plan, they also did a tree survey so the impact would be extremely minimal. Evan said the property was outside the MUSA, which he felt was a very important characteristic, along with the owner of the property not being able to put a well and septic on it, so this would be a productive way to utilize the land. A full SWPP was also done. He commented on the City’s requirements that are reflected on the site plan saying they are very robust, and he hoped he could gain respect from people by doing a good job. Mayor Weidt opened it up for other comments. John David Udstuen, 15190 Everton Avenue North, stated he was speaking on behalf of the entire neighborhood who are 100% opposed. He said that per the ordinance, the solar farm was to be compatible with the present character of the surrounding area, and this was not compatible. Udstuen said he had countless reason why it was not but would only focus on a few. They have large lots with single family homes and lots of open space with mature trees and wildlife. It’s become a walking area for the surrounding community, and he has had to explain that it was private property to residents who think it is a nature preserve. He said it’s 160 acres with less than two dozen homes, and a very special place. He commented on the City’s part in protecting the land when the Everton Avenue Coalition was created to keep it from development. He talked about the word “AG” being created to preserve and protect the character neighborhoods and keep 10-acre minimums. Udstuen described it as a jewel of the community, something to be proud of. He talked about some of the properties being listed as a green corridor according to the Parks Plan. He said that is the true character of the neighborhood, open and undisturbed land. He said the main portion of the request for denial will be presented by Laura. Laura Syring, 15149 Everton Avenue North, said she has been a resident for the past 21 years. She read a letter that they had sent to the City Council and Mayor addressing their concerns. In the letter, the history of the neighborhood and its residents was provided to show the character of the area. This letter will be retained as part of the official record. Daniel Skaar, 13857 Geneva Avenue North, had questions to ask. He wanted to know if the City was under any renewable mandate; who was getting/buying the power and what was the contract; were there output goals, power purchase agreements, and performance guarantees; what would happen if he couldn’t get these agreements with Xcel; and was there a substation on this property. He noted the property was adjacent to a power line. He said he had done a lot of solar projects in California, and he found this location to be a bit awkward. He said it would be helpful to see some analog from other municipalities that have put this type of solar array in this type of environment. Carlson responded to some of the questions explaining this would be a community solar garden, and when they put power in the grid, they get grid credits rather than selling it right to a utility. There was no substation and would go right into the line that goes into people’s houses. The bill credit was then sold to people, known as subscribers, who don’t have a good spot for solar panels. He explained how it was different than the utility scale development that plugs into the transmission lines, which is a federal interconnection process. He said that it was different than community solar, which provided solar to people that do not have a good spot. Carlson said they Council Meeting Minutes for May 6, 2024 Page 10 of 13 would sign a contract with Xcel who would give them 25 years to sell the bill credits. That was why they were asking for a 25-year IUP. After 25 years, they would need to renew or decommission after the useful life was done as per application requirements. He explained there were no concrete footings poured into the ground. Instead, high beams would be hammered into ground in rows with a rack on it that the panels go into. He said he had applied for an interconnection agreement with Xcel that was in an advanced study phase, so it was ready for construction. He explained the steps he went through to have his plan reviewed and accepted by experts. He talked about other projects that are several smaller projects with points of interconnections that would have a lot of poles. He said this would be a small one-megawatt project on 3.9 acres that would have two more poles than what is located along the road right now. Carlson said his vegetation management plan preserved all existing habitat that’s possible; everything that flies could still be there, and he explained the deer-style fence. He said by doing this they were preserving this habitat for the future. Weidt asked how the area was calculated because it appeared it took up more than 3.9 acres. Carlson responded that the fenced area would be 5.5 acres, and the solar panel area would be 3.9 acres. Carlson stated that he would be open to an alternative public use of the setbacks. Bear addressed the question on whether there was a renewable mandate saying there was not, but there was a law that required electric companies to purchase electric from these types of facilities, which had created a market for them. There was no mandate that requires cities to approve these applications. John Udstuen requested Council show the video and pics they put together. Arnie Triemert, 1522 Everton Avenue, said he wanted Council to consider how it did not fit in the neighborhood at all. The Mayor granted Udstuen’s request and the photos were shown to Council. Laura Syring explained they hired a drone company to take these pictures depicting the feeling and flavor of the area to show that the solar farm does not fit the character of the neighborhood. A drone video was also presented. She thanked the Council for viewing them. Evan Carlson commented that the image does a good job demonstrating what people are concerned about, but that was not his plan. He said his plan preserved the trees and had setbacks and greenspace. Had the City not done such a robust job enacting its ordinance, he said his project may have looked like that. Bear noted that the photos and video would become part of the record. Weidt talked about the neighborhood being unique and set aside after multiple discussions in 1989 and again in 2006. It was the largest undeveloped piece of land in a high and medium density residential neighborhood in that part of town. He said there can certainly be a case made on the effect it would have on a neighborhood, and it would change the intention of why it was set aside. He talked about not knowing if a solar farm would have met the intention of the Council so many years ago, but he has seen many examples of how the character is changed by a project like this. He talked about the solar ordinance and the original intent of having solar farms allowed in agricultural zones was to have it on larger open pieces of land that make it easier to Council Meeting Minutes for May 6, 2024 Page 11 of 13 hide solar farms from neighboring residents as compared to what it does on this long narrow strip of land. A lot of townhomes abut this project, and he said he was not sure how you would screen the solar project from tall buildings. He said it would alter the area for the next 20 years. Klein agreed the ordinance was very robust. He sat on the Ordinance Review Committee with Council Member Miron, and they wanted it to be more robust. He said he agreed with the mayor; it was a unique area with residential buildings all around it. The MUSA was also close by, and that could be hooked into very quickly if the property owners decided to change the zoning. He recalled discussions at the Ordinance Review Committee, and it was not the intent to have a solar farm in the middle of town. He said it was a unique property and thought a solar farm would be better located somewhere else in the community. He said Evan did an excellent job preparing his site plan, and he could understand why the Planning Commission recommended approval, but from a characteristic standpoint, he thought the developer should find a different location in the community. Petryk was around in 1998 and said it had been a struggle for the residents. She said they sacrificed a great deal of money by being removed from the MUSA and did it because they believed in the area and believed it should be kept preserved. It was very generous with the townhomes for their views. She talked about the green corridor and said 160 acres goes a long way for animals. She said the area has history, functions as parkland for a lot of people, and has done exactly what she hoped it would do. She stated it was not the intent to have something like this put in the neighborhood, and though staff and the Planning Commission did a good job evaluating the project, she could not support it. Miron commended the applicant saying he put together a good site plan, but the parcel or the history on it can’t be changed. In terms of connections, the site made sense from a utility standpoint. He talked about the establishment of the ten-acre properties, saying the long-term vision for the character of this neighborhood was for it to be set aside. He said the project was not a good fit despite a good attempt. Strub agreed that it did not fit the character of the neighborhood. He talked about the parcel being empty for so long and was concerned for the landowners’ rights. He said the buyer thinks he had found the best use of the land, and he was concerned about the landowner would be stuck with it. He said everyone loves the view, but they don’t own it. Weidt asked how long the owner had owned the land. Evan responded that he thought they bought it a year before it was on the market, but they couldn’t sell it. He guessed they owned it for 3-4 years. Weidt talked about having respect for property rights, and he didn’t think it was purchased as an investment but as a residential property. Unfortunately, they did not move forward and build a house on this lot. He said they likely don’t care about the neighborhood because they don’t live there anymore. He said there are things that just don’t fit in certain locations. Klein made motion, Petryk seconded, to approve RESOLUTION 2024-18 APPROVING FINDINGS OF FACT DENYING A SITE PLAN AND INTERIM USE PERMIT FOR A SOLAR FARM ON PROPERTY LOCATED EAST OF EVERTON AVENUE NORTH AND NORTH OF 149TH STREET- NORTH. Council Meeting Minutes for May 6, 2024 Page 12 of 13 Bear recommended adding to the resolution another “whereas” stating it was based on all hearings. Both Councilmembers making the motion agreed to the addition. Weidt stated he had visited the area several times and appreciated the efforts Evan had made. He said he hoped Evan could look at Hugo in a positive way. Roll call vote: Ayes-Klein, Miron, Petryk, Strub, Weidt Nays-None Motion carried. Schedule Performance Review for City Administrator for Monday, May 20, 2024 Bryan Bear has been employed with the City since May 3, 2004. Bryan served as the Community Development Director until being appointed as the City Administrator on November 7, 2011. Staff requested Council schedule the annual performance review for City Administrator Bryan Bear. Miron made motion, Klein seconded, to schedule the City Administrator’s performance review for June 3, 2024, at 6 p.m., prior to the regularly scheduled Council meeting. All Ayes. Motion carried. Shred It and Forget It Event on Thursday, May 9 and Friday, October 4, 2024 City Administrator Bryan Bear reminded Council of the Shred It and Forget It event to be held on Thursday, May 9 and Friday, October 4, 2024, in the parking lot at City Hall. Residents could bring up to five bags of paper to be shredded for free between 8 a.m. and 10 a.m. This event was paid for with the Washington County recycling grant. Reminder - Diamond Point Park Neighborhood Meeting on Wednesday, May 15, 2024 City Administrator Bryan Bear reminded Council they scheduled a meeting to attend the Diamond Point Park neighborhood meeting on Wednesday, May 15, 2024, at 7:00 pm at the Peder Pedersen Pavilion. Plans to reconstruct and update the park would be shared. Adjournment Strub made motion, Klein seconded, to adjourn at 8:35 p.m. All Ayes. Motion carried. Respectfully Submitted, Michele Lindau, City Clerk MINUTES City Council Workshop City Hall Conference Room Monday, April 22, 2024 6 p.m Mayor Weidt called the meeting to order at 6:00 PM COUNCIL PRESENT: Klein, Miron, Strub, Weidt COUNCIL ABSENT: Petryk STAFF PRESENT: City Administrator Bryan Bear, Community Development Director Rachel Juba, Public Works Director Scott Anderson, City Engineer Mark Erichson, Fire Chief Jim Compton, Jr., Deputy Fire Chief Dave Jensen, Associate Planner Max Gort 2024 Bridge Projects City Engineer Mark Erichson presented some background on the two bridges identified with need for replacement in 2024. These bridges are the Fable Hill Bridge which connects two areas of the Fable Hill Development, and the Forest Road Bridge which spans across Hardwood Creek to the west of the Hardwood Creek Trail and Highway 61. In both cases, the bridges have been identified as fracture-critical. Erichson presented a few options to the Council, including cost estimates for repair, removal, or replacement. In both instances, the City Council directed staff to begin drafting plans to apply for state bridge bonding funds. Fire Department Update Fire Chief Jim Compton, Jr. presented an update on the operations of the Fire Department since he’s come into his full-time role in November, 2023. Chief Compton detailed the organizational restructuring of the department he had been preparing, including evaluating compensation for all salaried positions and updating all job descriptions. Chief Compton also detailed the shifting environment within the fire station where daytime firefighters who work remotely have been working from the fire station, allowing much quicker response times due to a higher number of firefighters at the station at any given time. Chief Compton asked for the Council’s direction for redesigning the fire station to allow for more firefighters to work their jobs remotely within the office space, which the Council viewed favorably. The Council also discussed the ongoing “farm system” and evaluation of the Fire Marshal position. Chief Compton requested that the City Council approve the updated Fire Department job descriptions at the next meeting. Shoreland Ordinance Discussion Community Development Director Rachel Juba presented an update on the current state of the City’s shoreland ordinance, and the intention of the state statute that the ordinance follows. Juba described the direction that staff received from the EDA to pursue implementation flexibility with the MnDNR which would give the City more flexibility to allow development within certain shoreland areas in exchange for more restrictive practices in other areas. The City Council directed staff to begin the process of revising the shoreland ordinance and pursue implementation flexibility with the DNR. Council Workshop Minutes for April 22, 2024 Page 2 of 2 Cannabis Discussion Associate Planner Max Gort presented background on the 2023 legislation that legalized the possession, use, and growth of cannabis, and set up framework for its ultimate sale. Gort described the different types of cannabis businesses outlined in the statute, and the zoning considerations that need to be discussed for each of these businesses. Gort explained that there was still framework being written at the state level, but suggested discussion topics in the meantime such as public use, high-level zoning considerations, whether to permit retail licenses beyond the minimum required by statute, and whether to pursue the operation of a municipal cannabis retail store. The City Council directed staff that they did not want to prohibit the use of cannabis on public property at this time, and that they did not want to pursue the operation of a municipal cannabis store, and that they wanted to permit the minimum required retail licenses at first before potentially allowing more. Respectfully Submitted, Max Gort Associate Planner MINUTES City Council-Metro Cities Annual Meeting Roseville Skating Center Rose Room Wednesday, April 24, 2024 5-7 p.m. COUNCIL PRESENT: Klein, Miron, Strub, Weidt COUNCIL ABSENT: Petryk Council attended the Metro Cities Annual Meeting held in the Roseville Skating Center Rose Room. Guest speaker was Chief Political Reporter at KSTP News Tom Hauser. Respectfully Submitted, Bryan J. Bear City Administrator City of Hugo Claims May 6, 2024 G. 1 Vendor Invoice Amount Description Department ACME Tools 12659974 129.00$ DeWalt Cordless Leaf Blower Street Dept Allstream 20470852 109.96$ Fax Line Administration Amazon Capital Services 1T3C-DGVP-WXG4 64.15$ Breakroom Supplies Public Works Amazon Capital Services 1T3C-DGVP-WXG4 49.99$ Drinking Fountain Filter Public Works Amazon Capital Services 1T3C-DGVP-WXG4 25.99$ iPad Accessories Water & Sewer Amazon Capital Services 1T3C-DGVP-WXG4 21.96$ Notepads & Scissors Public Works Amazon Capital Services 1T3C-DGVP-WXG4 17.82$ Clipboards Water Utility American Truckboxes LLC OE-30204 2,148.00$ Toolboxes (2) - Unit #6109-24 Fire Dept Aspen Mills 331636 188.50$ Officer Badge & Patches Fire Dept Blaine Brothers 80001819466 2,090.52$ Repairs - Unit #7101-02 Fire Dept Blaine Brothers 80001819573 1,300.50$ Repairs - Unit #7101-02 Fire Dept Capital One Trade Credit/Northern Tool 541202106242237 855.99$ Milwaukee Chainsaw, Batteries & Carrying Case Fire Dept Cargill Incorporated 2909372881 36,927.38$ Salt for Snow & Ice Control Street Dept Cargill Incorporated 2909381745 11,466.92$ Salt for Snow & Ice Control Street Dept Cargill Incorporated 2909386104 17,097.38$ Salt for Snow & Ice Control Street Dept CC Stitcheri 4/17/2024 2,559.00$ Safety Gear Public Works CC Stitcheri 4/17/2024 437.00$ Safety Gear Public Works CDW Government QL25849 202.11$ Brother Laser Printer Administration Century College 1218737 575.00$ Fire Instructor II - Palmquist Fire Dept Century College 1218834 600.00$ Fire Apparatus Operator - C. Albertson Fire Dept Century College 1218834 600.00$ Fire Apparatus Operator - D. Albertson Fire Dept Century College 1218834 600.00$ Fire Apparatus Operator - S. Albertson Fire Dept Century College 1218834 600.00$ Fire Apparatus Operator - Nadeau Fire Dept Century College 1218834 600.00$ Fire Apparatus Operator - Verplaetse Fire Dept Century College 1221422 300.00$ FFII Course - Anderson Fire Dept Century College 1221422 300.00$ FFII Course - DeLaRosa Fire Dept Century Link 651 429-3212 72.35$ Fire Station Phone Lines Fire Dept Cintas Corporation 5207421795 180.60$ First Aid Supplies Public Works Cintas Corporation 5207421795 111.01$ First Aid Supplies Gen Gov't Bldgs Comcast 4/12/2024 25.13$ Business Cable (thru May 21) Administration Comcast 4/18/2024 178.77$ Business Internet (thru May 27) Fire Dept Como Lube & Supplies 702633 15.00$ Used Oil Filters Pickup (Delivery Fee) Public Works Compton, Jim Jr. CLAIM 1,118.52$ FDIC Conference Lodging Fire Dept Compton, Jim Jr. CLAIM 140.00$ FDIC Conference Parking Fire Dept Compton, Jim Jr. CLAIM 195.31$ FDIC Conference Fuel Fire Dept Compton, Jim Jr. CLAIM 163.54$ FDIC Conference Expenses Fire Dept Core & Main LP U665720 311.51$ Charger for Command Link Water Utility Dell Marketing LP 10742633390 2,320.44$ Laptop Computer City Engineer Earl F. Andersen 0135279-IN 1,104.10$ Street Sign Plates Street Dept Emans, Colin CLAIM 1,118.52$ FDIC Conference Lodging Fire Dept Emans, Colin CLAIM 139.07$ FDIC Conference Expenses Fire Dept Emergency Automotive Technologies Inc OAK23001A 3,923.74$ Light System, Mounts & Installation - Unit #6109-24 (Final) Fire Dept Escape Fire Protection PF-006342 260.00$ Annual Fire Sprinkler Inspection Fire Dept Gene's Disposal Service Inc 499465 114.71$ April Waste Hauling - City Hall Gen Gov't Bldgs Gene's Disposal Service Inc 499465 243.85$ April Waste Hauling - Fire Station Fire Dept Gene's Disposal Service Inc 499465 1,065.43$ April Waste Hauling - PW Facility Public Works Gene's Disposal Service Inc 499465 239.49$ April Waste Hauling - Rice Lake Room Gen Gov't Bldgs Gene's Disposal Service Inc 499465 293.49$ April Waste Hauling - Lions Park Parks Dept Gene's Disposal Service Inc 499465 239.49$ April Waste Hauling - Hanifl Fields Parks Dept Graphic Resources 77723 570.30$ Notepads Administration Graphic Resources 77940 80.68$ Business Cards - Taylor Finance Dept Hawkins Inc 6731490 10.00$ Water Chemicals (Cylinder Charge) Water Utility Hawkins Inc 6734227 1,603.93$ Water Chemicals Water Utility Hisdahl Inc 17937 30.00$ Par Tag Engraving Fire Dept Hoernemann, Ross CLAIM 48.47$ Modern Fires Class Mileage Fire Dept Hugo Feed Mill 160441 2.49$ Hardware Public Works Hugo Feed Mill 160615 8.49$ Hardware Public Works ICMA Membership Renewals 446204 1,200.00$ ICMA Membership Dues - Bear Administration Innovative Office Solutions LLC IN4506601 20.69$ Markers Public Works Innovative Office Solutions LLC IN4508294 98.79$ Toner Cartridge Finance Dept Innovative Office Solutions LLC IN4508294 20.52$ Binder Clips & Pens Administration Innovative Office Solutions LLC IN4512091 304.08$ Restroom Supplies (PPP) Parks Dept Innovative Office Solutions LLC IN4517143 183.96$ Copy Paper Gen Gov't Bldgs Innovative Office Solutions LLC IN4517143 127.13$ Trash Can Liners Gen Gov't Bldgs Innovative Office Solutions LLC IN4517143 97.63$ Markers, Pens & SortKwik Gen Gov't Bldgs Innovative Office Solutions LLC IN4520129 35.35$ Certificate Paper Building Inspections Instrumental Research, Inc. 5483 120.00$ Water Bacteria Testing Water Utility Jensen, David CLAIM 1,118.52$ FDIC Conference Lodging Fire Dept Jensen, David CLAIM 188.08$ FDIC Conference Expenses Fire Dept Johnson/Turner April 4,829.00$ Prosecution Fees (Flat Fee) General Legal Johnson/Turner April 294.95$ Disbursements (Prosecution Costs) General Legal Page 1 City of Hugo Claims May 6, 2024 G. 1 Vendor Invoice Amount Description Department Johnson/Turner April 2,032.50$ Civil Legal Fees - See Attached Breakdown General Legal Kieffer, Rick CLAIM 86.42$ iPad Accessories (Amazon) Parks Dept Knowlan's Super Markets Inc 2293 47.58$ Election Judge Supplies Elections Knowlan's Super Markets Inc 4949 321.77$ Election Judge Supplies Elections Laughlin's Pest Control 63913 97.75$ April Pest Control Service Gen Gov't Bldgs Lawson Products 9311407023 427.22$ Bulk Hardware Supplies Public Works Lawson Products 9311432621 128.17$ Hardware - Unit #329-11 Street Dept Lincoln National Life Insurance Co. May 1,258.83$ Disability Premium Finance Dept MacQueen Equipment P57142 242.00$ Manhole Cover Hook Sewer Utility Menards 31528 467.68$ Fire Department Supplies Fire Dept Metering & Technology Solutions INV4821 3,042.34$ Water Meters Water Utility Metro-INET 1835 10,341.00$ April Computer Service Various Metro-INET 1871 291.00$ NetMotion Service - Fox Public Works Metropolitan Council 1171592 450.00$ Industrial Discharge Permit (Vactor Truck) Sewer Utility Minnesota Cleaning Services Inc 0524HH01 605.00$ April Cleaning Services Gen Gov't Bldgs Minnesota Cleaning Services Inc 0524HH02 100.00$ April Cleaning Services - Hanifl Parks Dept Minnesota Cleaning Services Inc 0524HH03 741.00$ April Cleaning Services - PW Facility Public Works Minnesota Cleaning Services Inc 0524HH03 450.00$ April Cleaning Services Fire Dept Minnesota Cleaning Services Inc 0524HH03 247.00$ April Cleaning Services - Rice Lake Room Gen Gov't Bldgs Minnesota Pollution Control Agency Certification 45.00$ Class SD Certification Fee - Pettee Sewer Utility Minnesota Pollution Control Agency SD-64529237 23.00$ Wastewater Certification Renewal - Klein Sewer Utility Minnesota Rural Water Association Registration 150.00$ Line Tracing Seminar Registration - Anderson Water & Sewer Minnesota Rural Water Association Registration 150.00$ Line Tracing Seminar Registration - Loeffler Water & Sewer MN Fire Service Certification Board 12397 126.00$ Fire Instructor I Certification Exam - Palmquist Fire Dept MN State Patrol, CMV Section Garcia 40.00$ 2024 Vehicle Inspection Decals Public Works MN State Patrol, CMV Section Klein 30.00$ 2024 Vehicle Inspection Decals Public Works North American Safety Inc INV86880 207.60$ Safety Supplies Public Works Northern Door 74563 252.00$ Garage Door Repairs (PW) Public Works Olson Power & Equipment Inc P10780 287.78$ Parts - Unit #343-20E Parks Dept Olson's Sewer Service Inc 102856 547.00$ Hanifl Septic System Pumping Parks Dept O'Reilly Auto Parts 5914-281632 5.34$ Parts - Unit #106-13 Water & Sewer O'Reilly Auto Parts 5914-283723 66.83$ Parts - Unit #106-13 Water & Sewer O'Reilly Auto Parts 5914-284060 481.44$ Parts - Unit #6101-38 Fire Dept O'Reilly Auto Parts 5914-284498 19.90$ Parts - Unit #6101-38 Fire Dept Oxygen Service Company 3580393 109.89$ Welding Supplies Public Works Pioneer Press 324582414 183.04$ Ad for Bids - Dellwood Ridge & 125th Street Imp Project Street Reconstruction Press Publications 801982 281.00$ Job Advertisement - Administrative Intern Administration Press Publications 802447 55.96$ Planning Commission Public Hearing Notice Ordinances/Proceedings Quadient Leasing USA Inc Q1298532 72.54$ Meter Rental - March Administration Quadient Leasing USA Inc Q1298532 72.54$ Meter Rental - April Administration Quadient Leasing USA Inc Q1298532 72.54$ Meter Rental - May Administration Ready Watt Electric 2216367 7,620.00$ Emergency Siren Inspections & Maintenance Civil Defense Ready Watt Electric 2216371 3,521.00$ Warning Siren No. 5 Head Installation (170th & Farnham) Civil Defense Ricoh USA, Inc 108202268 194.61$ May Copier Lease Payment Public Works RJ Kool Midwest INV5388 489.40$ Dryer Repair Fire Dept Scandia Heating & Air 49908 145.00$ HVAC Repairs - 14715 Forest Blvd Rental Properties Scandia Heating & Air 49946 4,750.00$ Furnace Replacement - 14715 Forest Blvd Rental Properties Signature Lighting Inc 1387 258.50$ Streetlight Repairs Street Dept SimpleTexting LLC 080950/ACH 294.00$ SimpleTexting Messaging Plan Engineering Dept SimpleTexting LLC 080950/ACH 120.00$ SimpleTexting Messaging Subscription Engineering Dept SiteOne Landscape Supply LLC 139986382-001 181.88$ Grass Seed (Plow Damage) Street Dept SiteOne Landscape Supply LLC 140195049-001 472.31$ Grass Seed & Herbicide (Plow Damage) Street Dept Souffront, Miguel CLAIM 29.99$ Rain Boot Reimbursement Public Works Summit Fire Protection 130105470 140.00$ Fire Extinguishers (2) Public Works TASC IN3059868 50.00$ May Cobra Administration Fee Finance Dept The Coats Company LLC 426379 867.52$ Repairs - Unit #498 Public Works T-Mobile 870254054 805.19$ Cellular Phone Charges Various T-Mobile 870254054 10.50$ Tower No. 4/Well No. 6 Cradlepoint Water Utility T-Mobile 870254054 10.50$ Rice Lake Centre Cradlepoint Administration T-Mobile 870254054 40.25$ Hanifl Cradlepoint Parks Dept Total Control Systems Inc 11144 945.00$ Quarterly SCADA Cradlepoints - Lift Stations (7) Water & Sewer Total Control Systems Inc 11144 405.00$ Quarterly SCADA Cradlepoints - Wells (3) Water & Sewer Total Control Systems Inc 11144 270.00$ Quarterly SCADA Cradlepoints - Towers (2) Water & Sewer Twin City Hardware PSI2256128 324.61$ Door Repairs - Rice Lake Center Gen Gov't Bldgs UniFirst Corporation 1410051559 195.97$ Uniforms, Supplies & Floor Mat Services (PW) Public Works UniFirst Corporation 1410053371 109.84$ Restroom Supplies & Floor Mat Services (CH) Gen Gov't Bldgs UniFirst Corporation 1410053372 159.58$ Uniforms, Supplies & Floor Mat Services (PW) Public Works UniFirst Corporation 1410056105 237.44$ Restroom Supplies & Floor Mat Services (CH) Gen Gov't Bldgs US Bank Equipment Finance 526536057 616.90$ April Copier Service Payment Administration US Bank Equipment Finance 526536057 80.75$ Overage Charges (Color) Administration Verizon Wireless 9959926267 23.15$ Cellular Phone Charges Public Works Verizon Wireless 9960536561 1,011.14$ Cellular Phone Charges Various Page 2 City of Hugo Claims May 6, 2024 G. 1 Vendor Invoice Amount Description Department Visu-Sewer, Inc 35206 6,240.50$ Televising - Fable Hill Parkway Improvement Project Street Reconstruction Visu-Sewer, Inc 35206 7,564.70$ Televising - Heritage Parkway Improvement Project Street Reconstruction Washington Conservation District 6491 716.31$ East Metro Watershed Membership Stormwater Fund Washington County 222371 4,500.90$ 800 Radio User Fees - January thru March Fire Dept White Bear Locksmith 35009 165.00$ Lock Repairs - Lions Pavilion Parks Dept Xcel Energy 51-0013009096-8 511.58$ Water Tower No. 4 Electric Water Utility Xcel Energy 51-0013493712-0 752.53$ Lions Park Pavilion Electric Parks Dept Xcel Energy 51-0013493712-0 462.74$ Lions Park Pavilion Natural Gas Service Parks Dept Xcel Energy 51-0013971834-1 70.30$ 152nd Street Stop Light Street Dept Xcel Energy 51-0014152504-7 85.09$ Oneka Pkwy Stop Light Street Dept Xcel Energy 51-0014686426-3 63.18$ 159th Street Light Street Dept 174,603.82$ Total Claims for May 6, 2024 Page 3 MEMO To: Bryan Bear, City Administrator From: Jim Compton, Jr., Fire Chief Date: 4/30/2024 Subject: Fire Department Job Descriptions ________________________________________________________________________________________ At the Hugo City Council workshop held on 4/22/2024, the City Council was presented with updates on the fire department’s operation, staffing, and structure. The organizational structure of the fire department and resulting changes within the administrative responsibilities was the main focus of discussion. As part of this discussion came updated job descriptions for all positions within the department. Attached are job descriptions for Deputy Chief, Assistant Chief, Captains, Lieutenants, Chief Engineer, Engineers, Fire Marshal, and Firefighters. Staff recommends Council approve the attached fire department job descriptions as presented effective June 1st 2024. As a result of restructuring the department, the Administrative Captain position will be eliminated at that time. This position is currently filled by Captain Ross Hoernemann who will remain as the Safety Captain. Please place this recommendation on the May 6, 2024 City Council agenda for Council consideration. City of Hugo Fire Department 5323 140th Street North Hugo, Minnesota 55038 PH: (651) 762-6362 FAX: (651) 429-3212 Job Description Position Title: Chief Engineer Department: Fire Department Reports to: Deputy Chief Pay Grade: Part Time/Paid On-Call Salary: Per City Salary Resolution Purpose Perform duties essential to the Fire Department Organizational Relationships Communicates with: Fire Department personnel and other city staff Supervises: Engineers Receives work assignments from: Fire Chief and Deputy Chief Essential Duties / Responsibilities The following duties are normal for this position. These are not to be construed as exclusive or all inclusive; other duties may be required or assigned. Essential Functions Performs all essential and other functions of Firefighter position. Performs essential and other functions of Engineer position. Drives all apparatus safely to all calls. Be knowledgeable in all aspects of pumping, drafting, and apparatus operations. Verifies all vehicles and equipment are in good working order and safe. Keeps records of maintenance, inspections, and repairs. Acts as a member of the department’s new truck purchase committee. Provides feedback on all equipment purchases. Maintains inventory of equipment and supplies pertinent to fire and rescue apparatus and equipment. Works within the given equipment budget. Acts as a representative of the department at community events. Other Functions Trains engineers on all aspects of apparatus operation. Instructs other firefighters in the proper use of all apparatus. Develops and schedules all work tasks for monthly apparatus checks for department work drills. Assists in managing apparatus and equipment inventory software. Operates fire pumps monthly. Recommends changes that would benefit the operation of the station and emergency response. Attends required meetings that are over and above those required of a firefighter. Provides a positive attitude in the performance of duties. Chief Engineer Job Description Page 2 of 2 Required Knowledge, Skills, and Abilities All knowledge, skills, and abilities of the Engineer position. Ability to maintain, inspect, and establish quality records for all vehicles and equipment on vehicles. Ability to train others in apparatus operations. Education and /or Certifications Required All education and/or certifications for Firefighter and Engineer positions. State Certification for Fire Apparatus Operator prior to appointment. All educational opportunities approved by the Fire Chief. Desired Education and/or Certifications Fire Instructor I class and/or State Certification National Fire Academy (NFA) leadership classes OR Any alternatives or substitutions to the above qualifications or education as the Fire Chief may find appropriate. Annual Requirements Maintain all annual requirements of Firefighter position. Maintain certifications required for Chief Engineer position. Job Description Position Title: Assistant Chief Department: Fire Department Reports to: Fire Chief Pay Grade: Part Time/Paid On-Call Salary: Per City Salary Resolution Purpose Perform duties essential to the Fire Department. Organizational Relationships Communicates with: Fire department personnel and other city staff Supervises: Captains and other subordinate staff Receives work assignments from: Fire Chief Essential Duties / Responsibilities The following duties are normal for this position. These are not to be construed as exclusive or all inclusive; other duties may be required or assigned. Essential Functions • Performs all essential and other functions of a Captain position. • Directs and oversees multi-company response to an emergency event. • Supervises and provides day to day oversight for Training Captain. • Acts as the incident commander at emergency scenes as needed. • Acts as a representative of the department at community events. • Provides a positive attitude in the performance of duties. Other Functions • Recommends changes and assists in the formulation of policies, procedures and SOG’s. • Assists the Fire Chief in the development, planning, and implementation of the goals and objectives of the department. • Oversees the hiring practices for the department. • Acts as a member of the department’s hiring committee. • Work within the given budget. • Assumes full responsibility of the department in the absence of the Fire Chief and Deputy Chief when necessary. Required Knowledge, Skills, and Abilities • All knowledge, skills, and abilities of the Captain position. • Ability to assist the Fire Chief in planning, directing, managing/overseeing the activities and operations of the department. • Ability to manage and supervise the activities of one or more assigned functions, which may include training, personnel issues, and annual attendance. • Ability to direct the work of the Training Captain and other subordinate staff. • Ability to participate in the development of departmental goals and objectives. Assistant Chief Job Description Page 2 of 2 Education and /or Certifications • All education and/or certifications for Captain position. • Any classes needed for the position as approved by the Fire Chief. Desired Education, Certifications, and/or Experience Engineer, Chief Engineer, Lieutenant, and/or Captain positions. Fire Apparatus Operator (FAO) Class and/or State Certification Fire Officer I State Certification Fire Officer II Class and/or State Certification Fire Instructor I Class and/or State Certification Fire Instructor II Class and/or State Certification National Fire Academy (NFA) leadership classes OR Any alternatives or substitutions to the above qualifications or education as the Fire Chief may find appropriate. Annual Requirements Maintain all annual requirements of Firefighter position. Maintain certifications required for position. Job Description Position Title: Deputy Chief Department: Fire Department Reports to: Fire Chief Pay Grade: Part Time/Paid On-Call Salary: Per City Salary Resolution Purpose Perform duties essential to the Fire Department. Organizational Relationships Communicate with: Fire department personnel, and other city staff. Supervises: Captains, Chief Engineer, and other subordinate staff. Receives work assignments from: Fire Chief Essential Duties / Responsibilities The following duties are normal for this position. These are not to be construed as exclusive or all inclusive; other duties may be required or assigned. Essential Functions • Performs all essential and other functions of Captain position. Directs and oversees multi-company responses to an emergency event. Supervises and provides day to day oversight for Safety Captain and Chief Engineer. • Acts as the incident commander at emergency scenes as needed. • Acts as a representative of the department at community events. • Acts as a member of the department’s new truck purchase committee. Provides a positive attitude in the performance of duties. Other Functions • Recommends changes and assists in the formulation of policies, procedures, and SOG’s. • Assists the Fire Chief in the development, planning, and implementation of the goals and objectives of the department. • Maintains inventory control of assigned communication devices, tools, and equipment. • Oversees and maintains all communication equipment for the department. • Oversees and maintains technology and devices for the department. • Works within the given budget. • Assumes full responsibility for the department in the absence of the Fire Chief, if needed. Required Knowledge, Skills, and Abilities • All knowledge, skills, and abilities of Captain and Chief Engineer position. • Ability to assist the Fire Chief in planning, directing, managing/overseeing the activities and operations of the department. • Ability to manage and supervise the activities of one or more assigned functions, which may include communications, fire apparatus, and equipment. Deputy Chief Job Description Page 2 of 2 • Ability to direct the work of the Safety Captain, Chief Engineer, and other subordinate staff. • Ability to participate in the development of departmental goals and objectives. Education and /or Certifications • All education and/or certifications for Captain position. • All classes needed for the position as approved by the Fire Chief. Desired Education, Certifications, and/or Experience Engineer, Chief Engineer, Lieutenant, and/or Captain positions. Fire Apparatus Operator (FAO) Class and/or State Certification Fire Officer I State Certification Fire Officer II Class and/or State Certification Fire Instructor I Class and/or State Certification Fire Instructor II Class and/or State Certification National Fire Academy (NFA) Leadership Classes OR Any alternatives or substitutions to the above qualifications or education as the Fire Chief may find appropriate. Annual Requirements Maintain all annual requirements of Firefighter position. Maintain certifications required for position. Job Description Position Title: Captain Department: Fire Department Reports to: Deputy Chief or Assistant Chief Pay Grade: Part Time/Paid On-Call Salary: Per City Salary Resolution Purpose Perform duties essential to the Fire Department. Organizational Relationships Communicate with: Fire department personnel, and other city staff. Supervise: Lieutenants and other subordinate staff. Receives work assignments from: Chief Officers Essential Duties / Responsibilities The following duties are normal for this position. These are not to be construed as exclusive or all inclusive; other duties may be required or assigned. Essential Functions Performs all essential and other functions of Lieutenant position. Acts as an incident commander in the absence of a Chief Officer. Acts as a representative of the department at community events. Attends required meetings that are over and above those required of a Lieutenant or Firefighter position. Provides a positive attitude in the performance of duties. Assists in managing apparatus and equipment inventory software. Other Functions (Training Captain) Establishes and schedules training drills. Works within the given training budget. Schedules all required classes for newly hired employees. Maintains all training records. Develops and/or instructs training sessions as needed. Acts as a member of the hiring committee. Schedules and/or develops extra training as the need arises. Encourages employees to attend extra classes in related subjects. Maintains all course outlines and training materials. Submits annually a year-end report to the Fire Chief on the completed training and upcoming training for the annual report. Encourages safe practices during all training events. Follows up with colleges or other training entities regarding billing, attendance, curriculum, or other issues. (Safety Captain) Acts as the health and safety officer for all functions of the department. Establishes and maintains a written respiratory protection program. Captain Job Description Page 2 of 2 Keeps accurate records of all SCBA’s. Provides each firefighter with proper PPE and uniforms including ordering, repairing, and distributing. Acts as a member of the department’s new truck purchase committee. Establishes and maintains an infectious disease program. Keeps and maintains records of all SDS/MSDS’s within the fire station. Keeps and maintains records of all hose testing. Establishes and maintains an exposure control plan. Oversees any maintenance required for gas meter, infrared camera, heat detector, ladders, and SCBA fill station. Schedules Fit and Physical testing. Required Knowledge, Skills, and Abilities All knowledge, skills, and abilities of Lieutenant position. (Training Captain)-Ability to provide overall training needs to the department including scheduling, recordkeeping, and advising the Deputy Chief or Assistant Chief of additional training requirements for the department. (Safety Captain)-Ability to provide overall safety for all firefighters in emergency response activities, training, and general safety within the department. Ability and willingness to enroll in educational opportunities that are approved by the Fire Chief. Ability to train others in firefighting techniques and equipment usage. Education and/or Certifications All education and/or certifications for Lieutenant position. All classes needed for the position as approved by the Fire Chief. Desired Education, Certifications, and/or Experience Engineer, Chief Engineer, and/or Lieutenant position. Fire Apparatus Operator (FAO) Class and/or State Certification Fire Officer I State Certification Fire Officer II Class and/or State Certification Fire Instructor I Class and/or State Certification Fire Instructor II Class and/or State Certification National Fire Academy (NFA) Leadership Classes OR Any alternatives or substitutions to the above qualifications or education as the Fire Chief may find appropriate. Annual Requirements Maintain all annual requirements of Firefighter position. Maintain certifications required for position. Job Description Position Title: Lieutenant Department: Fire Department Reports to: Captain Pay Grade: Part Time/Paid On-Call Salary: Per City Salary Resolution Purpose Perform duties essential to the fire department. Organizational Relationships Communicates with: Fire department personnel and other city staff. Supervises: Firefighters Receives work assignments from: Captains or Chief Officers Essential Duties / Responsibilities The following duties are normal for this position. These are not to be construed as exclusive or all inclusive; other duties may be required or assigned. Essential Functions Performs all essential and other functions of a Firefighter position. Directs a piece of apparatus and the crew that is assigned to that apparatus. Assures that all equipment under their direction is operated in a safe manner. Drives and operates firefighting vehicles and equipment if needed. Acts as incident commander in the absence of Chief Officers or Captains. Acts as a line officer on a fire scene. Acts as a drill team leader. Acts as a representative of the department at community events. Assists Chief Engineer, Fire Marshal, Captains, or Chief Officers with assigned administrative tasks or projects. Provides a positive attitude in the performance of duties. Other Functions Directs maintenance and cleaning of station and equipment. Recommends changes in department policies and/or procedures. Recommends changes that would benefit the operation of the station and emergency response. Attends required meetings that are over and above those required of a firefighter. Required Knowledge, Skills, and Abilities All Knowledge, Skills, and Abilities of Firefighter position. Ability to direct a crew in firefighting, EMS, or other citizen assistance. Ability and willingness to enroll in educational opportunities that are approved by the Fire Chief. Education and/or Certifications Required Within 2 Years of Promotion All Education and/or certifications for Firefighter position. Lieutenant Job Description Page 2 of 2 NIMS 300,400,800 Fire Officer I Course All classes needed for the position as approved by the Fire Chief. Desired Education, Certifications, and/or Experience Fire Apparatus Operator (FAO) Class and/or State Certification All education and certifications required for Firefighter and Engineer positions Fire Officer I State Certification Fire Instructor I Class and/or State Certification National Fire Academy (NFA) Leadership Classes OR Any alternatives or substitutions to the above qualifications or education as the Fire Chief may find appropriate. Annual Requirements Maintain all annual requirements of Firefighter position. Maintain certifications required for position. Job Description Position Title: Engineer Department: Fire Department Reports to: Chief Engineer Pay Grade: Part Time/Paid On-Call Salary: Per City Salary Resolution Purpose Perform duties essential to the Fire Department. Organizational Relationships Communicates with: Fire Department personnel. Supervises: None Receives work assignments from: Fire Chief, Chief Engineer, and other department officers. Essential Duties/Responsibilities The following duties are normal for this position. These are not to be construed as exclusive or all inclusive; other duties may be required or assigned. Essential Functions Performs all essential and other functions of Firefighter position. Drives and operates all apparatus safely. Demonstrates knowledge in all aspects of pumping, drafting and apparatus operations. Verifies all vehicles and equipment are in good working order and safe. Keeps records of maintenance, inspections, and repairs. Maintains inventory or equipment and supplies pertinent to fire and rescue apparatus and equipment. Acts as the representative of the department at community events. Demonstrates considerable knowledge of city streets, geography, hydrant areas and local water source locations. Provides a positive attitude in the performance of duties. Other Functions Instructs other firefighters in the proper use of all apparatus and equipment. Completes repairs to apparatus as assigned. Recommends changes that would benefit the operation at the station and/or emergency response. Attends required meetings that are over and above those required of a firefighter. Participates in training drill demonstrations, courses in hydraulics, pump operation, pump maintenance, and firefighting techniques training. Attends additional work drills and pump drills when necessary. Provides a positive attitude in the performance of duties. Engineer Job Description Page 2 of 2 Required Knowledge, Skills, and Abilities All knowledge, skills, and abilities of Firefighter position. Completion of probationary period of Firefighter. Ability to handle extensive training in operation of apparatus, tools, and equipment. Ability to perform hazardous tasks under emergency conditions, which may require strenuous exertion under such handicaps as smoke and cramped surroundings and in the inspections of buildings for fire hazards to prevent fires from starting. Ability to maintain, inspect, and keep quality records for all vehicles and equipment on vehicles. Required Education and/or Certifications All education and/or certifications required for the Firefighter position. Successful completion of an approved Fire Apparatus Operator (FAO) course prior to appointment. Desired Education and/or Certifications Fire Apparatus Operator (FAO) State Certification OR Any alternatives or substitutions to the above qualifications or education as the Fire Chief may find appropriate. Annual Requirements Maintain all annual requirements of Firefighter position. Maintain all certifications required for position. Job Description Position Title: Firefighter Department: Fire Department Reports to: Lieutenant Pay Grade: Part Time/Paid On-Call Salary: Per City Salary Resolution Purpose Perform duties essential to the Fire Department. Organizational Relationships Communicate with: Fire department personnel and other city staff Supervises: None Receives work assignments from: Department Officers Essential Duties / Responsibilities The following duties are normal for this position. These are not to be construed as exclusive or all inclusive; other duties may be required or assigned. Essential Functions Responds to fire and other emergency calls. • Drives and operates firefighting vehicles and equipment in a safe and appropriate manner. • Selects hose and nozzle depending on the type of fire and direct stream of water or chemical onto fire. • Positions and climbs ladders to gain access to upper levels of buildings or to assist individuals from burning structures. • Frequently talks, listens, sits, stands, crawls, kneels, balances, reaches or maneuvers certain ways. • Frequently lifts 10 pounds and occasionally lifts and/or carries 100 pounds. • Creates openings in a building for ventilation or entrance. • Administers EMS to all injured persons. • Communicates with supervisor. • Acts as a representative of the department at community events in a professional and positive manner. • Acts as Incident Command in the absence of Chief Officers, Captains, or Lieutenants. • Provides a positive attitude in the performance of duties. Other Functions • Participates in training drills, meetings, demonstrations, and public events within or around the City of Hugo. • Attends training courses, reads and studies assigned materials related to fire prevention, suppression, rescue, training, public fire safety education and emergency medical services. • Performs assigned duties in maintaining apparatus, buildings, equipment, grounds, and hydrant. • Participates in educating the public in fire safety and fire prevention. Fire Fighter Job Description Page 2 of 3 Required Knowledge, Skills, and Abilities • Ability to handle extensive training in operations of apparatus, tools and Equipment. • Ability to work in extreme conditions including but not limited to heat, cold, heights, confined spaces, and high stress environments. • Ability to perform hazardous tasks under emergency conditions, which may require strenuous exertion under such handicaps as smoke and cramped surroundings, and in the inspections of buildings for fire hazards to prevent fires from starting. • Ability to complete and pass the Firefighter Physical Fitness Test. • Ability to complete and pass the Firefighter Oral Interview Test. • Ability to complete and pass the Firefighter Personal Evaluation. • Ability to complete and pass the Firefighter pre-employment physical, health history, drug screen “non-DOT” and criminal background check. • Ability to work with sensitive and confidential information. • Ability to complete firefighter probationary requirements within 2 years of hire. Education and/or Certifications Required • High School Diploma or GED equivalent Education and/or Certifications required within 2-year probationary period • EMSRB Emergency Medical Responder (EMR) State Certification • Firefighter I & II State Certification • National Incident Management System (NIMS) 700,100, 200 Certifications • Pass the Hugo Fire Department competency check. Desired Education and/or Certifications Hazmat Ops State Certification Fire Apparatus Operator (FAO) Class and/or State Certification OR Any alternatives or substitutions to the above qualifications or education as the Fire Chief may find appropriate. Annual Requirements • Attain the established percentages needed for calls and training to be held in good standing with the department. • Maintain 100% of mandatory training included but not limited to Emergency Medical Responder modules and CPR training, OSHA Right to Know, Blood Borne Pathogens and other firefighter training required to maintain certifications provided by the department and approved outside entities. • Receive clearance from annual medical evaluation to resume duties as a firefighter for the City of Hugo based on current medical tests including, but not limited to, SCBA/N95 Fit Testing, Hearing, Cardiac and Pulmonary Functions, and any other tests deemed necessary by the City of Hugo Fire Department or medical professionals hired by the City of Hugo. Fire Fighter Job Description Page 3 of 3 • Maintain a valid Minnesota Driver’s License in accordance with the City of Hugo Employee Personnel Policy. • Maintain certifications required for position. • Maintain home residence within the response time set in the City of Hugo Personnel Policy. Job Description Position Title: Firefighter/Fire Marshal Department: Fire Department Reports to: Fire Chief Pay Grade: Part Time/Paid On-Call Salary: Per City Salary Resolution Purpose Perform duties essential to the Fire Department related to fire inspection and prevention. Organizational Relationships Communicate with: Fire department personnel and other city staff. Supervises: None Receives work assignments from: Fire Chief Essential Duties / Responsibilities The following duties are normal for this position. These are not to be construed as exclusive or all inclusive; other duties may be required or assigned. Essential Functions Performs all essential and other functions of a Firefighter position. Participates in the inspection of sprinkling systems and elements of fire prevention or protection systems to ensure fire code requirements are met. Encourages and conducts voluntary fire prevention inspections of non- residential buildings within the city. Prepares and maintains correspondence, records, and reports relating to fire prevention inspections. Coordinates and oversees the delivery of and participates in public fire prevention education programs. Works to ensure safe handling of hazardous materials in the City of Hugo Issues burning permits, inspects burn piles, and notifies Washington County Dispatch of permits issued. Communicates with the Building Department and participates in review of commercial construction plans for fire code compliance and resolves compliance problems with contractors and architects within scope of knowledge and the authority having jurisdiction. Participates in site plan review with other City of Hugo staff. Collaborates with the Building Official in assigning addresses for new developments. Responds to complaints from citizens as it pertains to fire safety and works to resolve compliance problems with owners within scope of knowledge and authority. Researches code issues and provides the public with fire prevention and safety information. Maintains up-to-date working knowledge of current fire code requirements, regulations, and certifications through continuing education. Acts as a representative of the Fire Department at community events. Fire Marshal Job Description Page 2 of 2 Other Functions Recommends changes in department policies and/or procedures. Recommends changes that would benefit the operation of the station and emergency response. Attends required meetings that are over and above those required of a firefighter. Attends training courses, reads and studies assigned materials related the position of Fire Marshal. Provides a positive attitude in the performance of duties. Required Knowledge, Skills, and Abilities All knowledge, skills, and abilities of a Firefighter position. Ability to act effectively in emergency and stressful situations. Ability to read and interpret building construction and site plans and specifications. Ability to express oneself clearly and concisely both orally and in writing. Education and /or Certifications Required Within 2 Years of Appointment Fire Inspector I class or equivalent. Attend any classes needed for the position as approved by the Fire Chief. Desired Education and/or Certifications Fire Apparatus Operator (FAO) Class and/or State Certification Fire Inspector I State Certification Fire Inspector II Class and/or State Certification OR Any alternatives or substitutions to the above qualifications or education as the Fire Chief may find appropriate. Annual Requirements Maintain all annual requirements of Firefighter position. Maintain certifications required for position. Agenda Number: G.15 CITY OF HUGO PLANNING AND ZONING APPLICATION STAFF REPORT TO: Bryan Bear, City Administrator FROM: Max Gort, Associate Planner SUBJECT: Alicia Knafla– Encroachment agreement to allow a fence within a drainage and utility easement on property located at 5562 130th Way North DATE: April 24, 2024 for the City Council meeting of May 6, 2024 ZONING: Planned Unit Development (PUD) LAND USE: Low Density Residential (LD) 60-DAY REVIEW DEADLINE: June 11, 2024 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 5562 130th Way North. There is a storm sewer pipe running across the rear of the property with a 10-foot drainage and utility easement along the rear property line. Additionally, there are 5-foot drainage and utility easements along the side property line. The applicant has proposed to construct the fence with a 10-foot setback from the rear property line to leave adequate space for the City to access the pipe. 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 5562 130th Way North. ATTACHMENTS: 1.Location Map 2.Encroachment Agreement Resolution 3.Encroachment Agreement 4.Site Plan RESOLUTION 2024-XX APPROVING AN ENCROACHMENT AGREEMENT TO ALLOW CONSTRUCTION OF A FENCE WITHIN A DRAINAGE AND UTILITY EASEMENT ON THE PROPERTY LOCATED AT 5562 130TH WAY NORTH WHEREAS, an application has been filed by Alicia Knafla that requests approval of an encroachment agreement to allow construction of a fence within a drainage and utility easement on the property located at 5562 130th Way North, legally described as follows; Lot 2, Block 5, Adelaide Landing, 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 5562 130th Way North. ADOPTED by the City Council this 6th day of May, 2024. ________________________________________ Tom Weidt, Mayor ATTEST: _________________________________ Michele Lindau, City Clerk ENCROACHMENT AGREEMENT THIS AGREEMENT is made this 6th day of May, 2024 by and between the CITY OF HUGO, a Minnesota municipality (hereinafter “City”) and, Alicia J. Knafla, 5562 130th Way North (hereinafter “Owner”), and their successors in title. WHEREAS, the City has an easement for drainage and utility purposes (the “Easement”) along the westerly, northerly, and easterly portion of the Owner’s property, which is legally described as: Lot 2, Block 5, Adelaide Landing, Washington County, Minnesota; and, WHEREAS, Owner is desirous of constructing a fence partially 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 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 , 2024. CITY OF HUGO By By Tom Weidt, Mayor Michele Lindau, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this _____ day of __________________, 2024, 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 _____________________________________ Alicia Knafla, Owner STATE OF MINNESOTA ) ) ss. (Individual Notary) COUNTY OF WASHINGTON) On this _____ day of __________________, 2024, before me, a Notary Public, personally appeared Alicia Knafla, 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.16 CITY OF HUGO PLANNING AND ZONING APPLICATION STAFF REPORT TO: Bryan Bear, City Administrator FROM: Max Gort, Associate Planner SUBJECT: Marc Roles– Encroachment agreement to allow a fence within a drainage and utility easement on property located at 16211 Finale Avenue North DATE: April 24, 2024 for the City Council meeting of May 6, 2024 ZONING: Planned Unit Development (PUD) LAND USE: Medium Density Residential (MD) 60-DAY REVIEW DEADLINE: June 17, 2024 1. DESCRIPTION OF REQUEST: The applicant has requested an encroachment agreement to allow construction of two fences along the north and south property lines, located within a 5-foot wide drainage and utility easement on property located at 16211 Finale Avenue North. The fence segments do not connect and will not encroach on the 10-foot wide easement along the rear property line. 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 16211 Finale Avenue North. ATTACHMENTS: 1.Location Map 2.Encroachment Agreement Resolution 3.Encroachment Agreement 4.Site Plan RESOLUTION 2024-XX APPROVING AN ENCROACHMENT AGREEMENT TO ALLOW CONSTRUCTION OF A FENCE WITHIN A DRAINAGE AND UTILITY EASEMENT ON THE PROPERTY LOCATED AT 16211 FINALE AVENUE NORTH WHEREAS, an application has been filed by Marc Roles that requests approval of an encroachment agreement to allow construction of a fence within a drainage and utility easement on the property located at 16211 Finale Avenue North, legally described as follows; Lot 5, Block 3, Meadows at Hugo, 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 16211 Finale Avenue North. ADOPTED by the City Council this 6th day of May, 2024. ________________________________________ Tom Weidt, Mayor ATTEST: _________________________________ Michele Lindau, City Clerk ENCROACHMENT AGREEMENT THIS AGREEMENT is made this 6th day of May, 2024 by and between the CITY OF HUGO, a Minnesota municipality (hereinafter “City”) and, Marc Roles, 16211 Finale Avenue North (hereinafter “Owner”), and their successors in title. WHEREAS, the City has an easement for drainage and utility purposes (the “Easement”) along the northerly, easterly, and southerly portion of the Owner’s property, which is legally described as: Lot 5, Block 3, Meadows at Hugo, Washington County, Minnesota; and, WHEREAS, Owner is desirous of constructing a fence partially 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 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 negligen ce 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 , 2024. CITY OF HUGO By By Tom Weidt, Mayor Michele Lindau, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this _____ day of __________________, 2024, 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 _____________________________________ Marc Roles, Owner STATE OF MINNESOTA ) ) ss. (Individual Notary) COUNTY OF WASHINGTON) On this _____ day of __________________, 2024, before me, a Notary Public, personally appeared Marc Roles, 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.17 CITY OF HUGO PLANNING AND ZONING APPLICATION STAFF REPORT TO: Bryan Bear, City Administrator FROM: Max Gort, Associate Planner SUBJECT: Susan Powell and Marylou Cunningham – Encroachment agreement to allow a fence within a drainage and utility easement on property located at 15352 Goodview Avenue North DATE: April 24, 2024 for the City Council meeting of May 6, 2024 ZONING: Single Family Detached Residential (R-3) LAND USE: Low Density Residential (LD) 60-DAY REVIEW DEADLINE: June 23, 2024 1. DESCRIPTION OF REQUEST: The applicants have requested an encroachment agreement to allow relocation of an existing fence six feet to the rear of its current location, which will be within a drainage and utility easement on property located at 15352 Goodview Avenue North. The easement is approximately 225 feet deep covering a stormwater pond located to the rear of the property. The applicants have stated that they will reconstruct the existing fence gate with the new fence to continue to allow maintenance access to the pond. 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 15352 Goodview Avenue North. ATTACHMENTS: 1. Location Map 2. Encroachment Agreement Resolution 3. Encroachment Agreement 4. Site Plan RESOLUTION 2024-XX APPROVING AN ENCROACHMENT AGREEMENT TO ALLOW CONSTRUCTION OF A FENCE WITHIN A DRAINAGE AND UTILITY EASEMENT ON THE PROPERTY LOCATED AT 15352 GOODVIEW AVENUE NORTH WHEREAS, an application has been filed by Susan Powell and Marylou Cunningham that requests approval of an encroachment agreement to allow construction of a fence within a drainage and utility easement on the property located at 15352 Goodview Avenue North, legally described as follows; Lot 7, Block 1, Oneka Ponds, 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 15352 Goodview Avenue North. ADOPTED by the City Council this 6th day of May, 2024. ________________________________________ Tom Weidt, Mayor ATTEST: _________________________________ Michele Lindau, City Clerk ENCROACHMENT AGREEMENT THIS AGREEMENT is made this 6th day of May, 2024 by and between the CITY OF HUGO, a Minnesota municipality (hereinafter “City”) and, Susan Powell and Marylou Cunningham, a married couple (hereinafter “Owner”), and their successors in title. WHEREAS, the City has an easement for drainage and utility purposes (the “Easement”) along the northerly, westerly, and southerly portion of the Owner’s property, which is legally described as: Lot 7, Block 1, Oneka Ponds, Washington County, Minnesota; and, WHEREAS, Owner is desirous of constructing a fence partially 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 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 , 2024. CITY OF HUGO By By Tom Weidt, Mayor Michele Lindau, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this _____ day of __________________, 2024, 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 _____________________________________ Susan Powell, Owner _____________________________________ Marylou Cunningham, Owner STATE OF MINNESOTA ) ) ss. (Individual Notary) COUNTY OF WASHINGTON) On this _____ day of __________________, 2024, before me, a Notary Public, personally appeared Susan Powell and Marylou Cunningham, 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 Agenda Number: G.18 CITY OF HUGO PLANNING AND ZONING APPLICATION STAFF REPORT TO: Bryan Bear, City Administrator FROM: Max Gort, Associate Planner SUBJECT: Timothy and Carli Hofferber – Encroachment agreement to allow a fence within a drainage and utility easement on property located at 14123 Oneka Parkway North DATE: May 2, 2024 for the City Council meeting of May 6, 2024 ZONING: Planned Unit Development (PUD) LAND USE: Low Density Residential (LD) 60-DAY REVIEW DEADLINE: June 25, 2024 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 14123 Oneka Parkway North. The drainage and utility easement boundary is 5 feet wide along the north property line, 10 feet wide along the east property line, and 7.5 feet wide along the south property line. The fence is proposed to be constructed within the easement along the north and east property lines, but will run concurrent with easement boundary along the south property line. 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 14123 Oneka Parkway North. ATTACHMENTS: 1. Location Map 2. Encroachment Agreement Resolution 3. Encroachment Agreement 4. Site Plan RESOLUTION 2024-XX APPROVING AN ENCROACHMENT AGREEMENT TO ALLOW CONSTRUCTION OF A FENCE WITHIN A DRAINAGE AND UTILITY EASEMENT ON THE PROPERTY LOCATED AT 14123 ONEKA PARKWAY NORTH WHEREAS, an application has been filed by Timothy and Carli Hofferber that requests approval of an encroachment agreement to allow construction of a fence within a drainage and utility easement on the property located at 14123 Oneka Parkway North, legally described as follows; Lot 7, Block 3, Clearwater Cove 4th 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 14123 Oneka Parkway North. ADOPTED by the City Council this 6th day of May, 2024. ________________________________________ Tom Weidt, Mayor ATTEST: _________________________________ Michele Lindau, City Clerk ENCROACHMENT AGREEMENT THIS AGREEMENT is made this 6th day of May, 2024 by and between the CITY OF HUGO, a Minnesota municipality (hereinafter “City”) and, Timothy Hofferber and Carli Hofferber, a married couple (hereinafter “Owner”), and their successors in title. WHEREAS, the City has an easement for drainage and utility purposes (the “Easement”) along the northerly, westerly, and southerly portion of the Owner’s property, which is legally described as: Lot 7, Block 3, Clearwater Cove 4th Addition, Washington County, Minnesota; and, WHEREAS, Owner is desirous of constructing a fence partially 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 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 , 2024. CITY OF HUGO By By Tom Weidt, Mayor Michele Lindau, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this _____ day of __________________, 2024, 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 _____________________________________ Timothy Hofferber, Owner _____________________________________ Carli Hofferber, Owner STATE OF MINNESOTA ) ) ss. (Individual Notary) COUNTY OF WASHINGTON) On this _____ day of __________________, 2024, before me, a Notary Public, personally appeared Timothy Hofferber and Carli Hofferber, 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 ! ! ! ! !! ! ! !9329 1 8 91 0 914 906908 910 90 8908906 91 6 9 1 2 912 9 2 0 9289 3 29109 1 4 91 0 912 922932912912912912932 934908912916910 910912 916 93291 0 9 1 4 916 912932 928914 9329109289 1 0912 910912 9329129169 1 4 934914912916932908908912932910 928 906 91 2 908914932906 932 934918912910 932926 9329309 0 8 910 932932934908914 912 932916 9 3 49129 1 6 9 1 0 926914 910 910 924 910932932932932916 932 928 934910910936916 912934912912912916 91493290690891 2 932932916 932910910 908914 916 916 912 912912916914908 912 916914 912912 912 910906914 9189289 1 6 9069 1 6 914 914932908 906 916928916930914912932910912 906934912910934910908 930932906932928922 920924930 918932926916914912910 Well 8 Well 9 Well 4 Well 5 Well 2Well 3 Well 1 Well 6 Well 7 French Dr N148th St N FoxhillAveNOnekaPkwyNForest Blvd N152nd St N FlayAveN150t h S t NFalkDrNFreedomDrN Document Path: K:\020552-000\GIS\Maps\Wetland Delineation\Fig8_Well Locations Date Saved: 8/25/2023¯1 inch = 400 feet 0 400 Feet Northstar Wetland Bank Level 2 Wetland Delieation Hugo, MN Figure 8 - Well Locations Project Location !Wells Contours RESOLUTION NO. 2024-____ CITY OF HUGO WASHINGTON COUNTY, MINNESOTA A RESOLUTION DECLARING COST TO BE ASSESSED, AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR PROPERTY LOCATED AT 14197 FOREST BOULEVARD NORTH WHEREAS, on May 15, 2023, the City Council adopted a resolution approving an order regarding a hazardous and substandard building located at 14197 Forest Boulevard North, Hugo, MN 55038, due to a fire; WHEREAS, on October 25, 2023, the Court issued an Order for demolition and stated that the cost of the demolition and expenses incurred to carry out the Order will be assessed against the property; WHEREAS, the demolition of the residence at 14197 Forest Boulevard North, Hugo, MN 55038 was completed on February 14, 2024, and the cost for such demolition and expenses incurred is $37, 676.75. WHEREAS, the property is legally described in Exhibit A. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUGO, MINNESOTA: 1.The portion of the cost to be assessed against the property is declared to be $37, 676.75. 2.Assessments shall be payable over the course of 10 years, the first installment to be payable on or before the first Monday in January of 2025, 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 Finance Director shall forthwith file a copy of such proposed assessment in their office for public inspection. 4.The Finance Director shall upon the completion of such proposed assessment, notify the council thereof. This Resolution was adopted by the City Council of the City of Hugo on this 6th day of May, 2024. Tom Weidt, Mayor ATTEST: Michele Lindau, City Clerk (seal) Exhibit A LEGAL DESCRIPTION: That part of Lot 38, County Auditor's Plat No. 7, Hugo Village, described as follows: Beginning at a point on the East line of the right of way of Trunk Highway No. 61 which is 1077.76 feet Northerly, measured alang the East line of Trunk Highway No. 61 from the South line of Section 20, Township 31, Range 21; thence East parallel with the South line of said Section 20 a distance of 170 feet to a point; thence Northerly parailel with the Easterly right of way line of Trunk Highway No. 61, 60 feet to a point; thence West parallel with the South line of said Section 20, 170 feet, more or less, to the East right of way line of said Trunk Highway No. 61; thence Southerly on the East right of way line of Trunk Highway No. 61, a distance of 60 feet, more or less, to the point of beginning, Washington County, Minnesota. RESOLUTION NO. 2024-____ CITY OF HUGO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ADOPTING AN EXPENSE REPORT AND COSTS TO BE ASSESSED FOR COSTS INCURRED IN CARRYING OUT AND ENFORCING THE HAZARDOUS BUILDING PROCEEDINGS AGAINST THE PROPERTY LOCATED AT 14197 FOREST BOULEVARD NORTH, HUGO, MINNESOTA WHEREAS, pursuant to Minn. Stat. § 463.22, the city council has kept an accurate account of the expenses incurred in carrying out and enforcing the hazardous building proceeding against the property located at 14197 Forest Boulevard North, Hugo, MN 55038. WHEREAS, the property is legally described in Exhibit A. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA AS FOLLOWS: 1. That the following expenses were incurred in carrying out and enforcing the hazardous building proceeding against the property located at 14197 Forest Boulevard North, Hugo, MN 55038 and shall be assessed against the property: Attorney’s Fees $6,701.75 Demolition and Related Expenses $30,900.00 Other Expenses: -Owner’s and Encumbrance Report $75.00 TOTAL: $37,676.75 2. No building permits or other approvals shall be granted until the total costs are paid in full with interest. This Resolution was adopted by the City Council of the City of Hugo on this 6th day of May, 2024. Tom Weidt, Mayor ATTEST: Michele Lindau, City Clerk (seal) Exhibit A LEGAL DESCRIPTION: That part of Lot 38, County Auditor's Plat No. 7, Hugo Village, described as follows: Beginning at a point on the East line of the right of way of Trunk Highway No. 61 which is 1077.76 feet Northerly, measured alang the East line of Trunk Highway No. 61 from the South line of Section 20, Township 31, Range 21; thence East parallel with the South line of said Section 20 a distance of 170 feet to a point; thence Northerly parailel with the Easterly right of way line of Trunk Highway No. 61, 60 feet to a point; thence West parallel with the South line of said Section 20, 170 feet, more or less, to the East right of way line of said Trunk Highway No. 61; thence Southerly on the East right of way line of Trunk Highway No. 61, a distance of 60 feet, more or less, to the point of beginning, Washington County, Minnesota. Agenda Number: J.1 CITY OF HUGO PLANNING AND ZONING APPLICATION STAFF REPORT TO: Bryan Bear, City Administrator FROM: Max Gort, Associate Planner SUBJECT: Enterprise Energy, LLC for EESolar13, LLC. Site Plan and Interim Use Permit requests for a Solar Farm located east of Everton Avenue North and north of 149th Street North DATE: May 1, 2024 for the City Council meeting of May 6, 2024 ZONING: Agricultural (AG) LAND USE: Large Lot Residential (LL) 60-DAY REVIEW DEADLINE: Review Deadline Waiver Signed by Applicant 1. PLANNING COMMISSION UPDATE: At its meeting on Thursday, April 11, 2024, the Planning Commission held a public hearing and considered the requests. It was in staff’s opinion that the applicant’s proposal met all of the requirements in City Code and criteria of approval, and staff recommended approval of the requests to the Planning Commission. There were eleven people that spoke during the public hearing, seven of whom were residents in the immediate area, one of whom was a resident not in the immediate area, one of whom was from an advocacy group supporting solar energy, and two of whom were representatives of the applicant, Enterprise Energy. There were several comments and concerns raised by the residents, described in the following: 1. Concerns that the proposed solar farm does not meet the essential character of the surrounding area 2. Concerns that the proposed vegetative buffer would not adequately screen the solar farm from view of surrounding properties 3. Many residents commented that the proposed galvanized chain link fence would create more of a visual disruption than a fence coated in a darker color a. The applicant stated that he would be willing to change the fence to a more suitable color Enterprise Energy, LLC. Solar Farm Site Plan and IUP Page 2 4. Concern that the neighbor to the south would be burdened by glare from the panels being on a fixed tilt system facing south 5. Health and safety concerns related to electromagnetic fields and materials within the panels a. The applicant stated that the interior materials of the panels are recyclable and nontoxic, and that impacts from electromagnetic fields are negligible. 6. Concerns that the proposed solar farm will impede the way that stormwater drains from the site and potential impacts to groundwater a. The applicant is proposing stormwater management with a small pond in the northwest corner of the site that captures runoff from the driveway and equipment pad.. Staff has reviewed the applicant’s stormwater plan and is comfortable that the runoff from the solar panels will not demonstrably change the way that stormwater drains from the site. 7. Concerns with the wind sheer factor and the solar farm’s ability to withstand a high wind event a. The applicant stated that the racking materials are engineered to withstand up to 170 mph winds 8. Concerns that the proposed change in use will lower the value of adjacent properties 9. Concerns that Everton Avenue North is not a suitable road to handle increased traffic during construction and throughout the lifespan of the solar farm a. Staff has reviewed the proposal as it relates to traffic volumes and is of the opinion that the construction will have a minimal increase in traffic volume and not adversely impact the road surfacing. 10. Many residents stated that they felt the property is not zoned Agricultural since Washington County taxes them for residential use a. Staff indicated that the county property tax classification is different from zoning and land use designation in the Comprehensive Plan The Planning Commission discussed the requests and were generally comfortable that the proposal meets the requirements in City Code to approve an IUP for a solar farm. The Commissioners decided that they wanted to recommend the following additional conditions to the IUP in order to mitigate some of the residents’ concerns: 1. The applicant shall plant trees that are at least 10 feet tall at the time of planting along the southern portion of the solar array 2. The applicant shall use a chain link fence that is coated in black material. The Planning Commission unanimously voted to recommend that the City Council approve the site plan and IUP requests, subject to the conditions in the approving resolution. 1. DESCRIPTION OF REQUEST: The applicant is requesting approval of a site plan and an interim use permit for a solar farm located east of Everton Avenue North and north of 149th Street North. 2. BACKGROUND: Enterprise Energy, LLC. Solar Farm Site Plan and IUP Page 3 In 2016, the City Council adopted an ordinance regulating the use of solar energy systems, and the first and thus far only solar farm project was approved in 2018. In 2023, the Planning Commission and City Council identified reviewing the solar energy systems ordinance as it relates to solar farms as a goal for the year, due to an increased interest in solar farm development and related feedback from the community. The Ordinance Review Committee (ORC) recommended revisions to the performance standards for solar farms which were approved by the City Council on July 24th, 2023. The vacant property is approximately 12 acres and is located within the Agricultural (AG) zoning district. The applicant is proposing to install a solar farm on 5 acres of land in the center of the property for the use of a solar energy system and installation of solar panels. This request requires approval of an interim use permit (IUP). The applicant has indicated that this solar farm will produce approximately one (1) megawatt (MW) of power. 3. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City’s discretion in approving or denying a site plan is limited to whether or not the proposed project complies with the Comprehensive Plan and Zoning O rdinance requirements. If it meets these standards, the City must then approve the site plan. The City’s discretion in approving or denying an Interim Use Permit use permit is limited to whether or not the permit meets the standards outlined in the Comprehensive Land Use Regulations. If it meets these standards, the City must approve the interim use permit. 4. CONTEXT: A. Surrounding Land Use and Zoning The property is currently zoned Agricultural (AG) and guided for Large Lot Residential (LL) in the 2040 Land Use Plan. The surrounding properties to the north, west, and south are also zoned Agricultural and guided as Large Lot Residential, consisting of lots ranging from approximately 9-12 acres in size. The properties to the east are zoned Planned Unit Development (PUD), guided as Medium Density Residential (MD) in the 2040 Land Use Plan, and consist of townhomes in the Waters Edge development. This property is outside of the Municipal Urban Service Area (MUSA), but it is on the border with the townhome properties to the east being connected to municipal sewer and water. B. Natural Characteristics of Site The property is approximately 12 acres, and the applicant has indicated that the solar array will be constructed on approximately 5 acres in the center of the property. The property has some gently rolling terrain, with its lowest point in the south-central portion. The property contains approximately 3.6 acres of wetland. Enterprise Energy, LLC. Solar Farm Site Plan and IUP Page 4 5. ANALYSIS OF A SOLAR FARM INTERIM USE PERMIT: The zoning code outlines a number of general standards for the operation of all solar energy systems, whether it’s a solar farm or accessory solar energy system. These include the requirement for a building permit, evidence of an agreement with the local utility, responsibility of the applicant to secure any solar energy easements, all solar energy components labeled in accordance with City code, all exterior electrical or service lines be buried, and all solar energy systems be in compliance with adopted city and state building codes. In addition to the general standards for all solar energy systems, there are performance standards for solar farms, which are described below: (a) Solar farms shall be located on a minimum lot size of ten acres within the Long Term Agricultural (LA), Agricultural (AG), Rural Residential (RR), and Future Urban Service (FUS) zoning districts. Solar farms may also be located in any other zoning district only in the floodplain, as long as all other conditions are met. The applicant is proposing to construct the 5-acre solar farm in the center of a 12-acre property that is zoned Agricultural (AG). (b) Solar farms shall be 100 feet from all property lines, 200 feet from all public road rights-of- way, and 200 feet from any principal structure on adjacent properties. The applicant’s site plan meets all of the required setbacks. (c) Solar farms shall be limited to a size of five acres, measured by the exterior edges of the solar array. The applicant has indicated that the fenced in area of the solar farm will measure at approximately 5 acres, with the area of the solar panels to be approximately 3.9 acres. (d) Ground mounted solar energy systems shall not exceed 15 feet in height at any point when oriented at maximum tilt. The applicant has indicated that the solar energy system will be approximately 10 feet tall. Staff is requiring that the solar panels all be level with each other, which may require different heights of mounting equipment. The applicant has stated that the solar energy panels will be a fixed system with the panels facing south and not moving throughout the day. Staff will continue to work with the applicant to ensure that he solar panels are at a height such that they will be generally level across the site. This will be a condition in the IUP. (e) Solar farms shall be enclosed by approved perimeter fencing or adequate vegetative buffer for screening. Exception may be granted if the natural landscape provides screening from all public right of ways and neighboring properties. Enterprise Energy, LLC. Solar Farm Site Plan and IUP Page 5 The applicant has indicated that they will be installing a 6-foot galvanized chain link perimeter fence for safety and security. This type of fence will not provide any screening, therefore, the applicant has submitted a landscape plan. The intent of the landscaping portion of the solar energy system section of the code is to provide a buffer between surrounding properties and a solar farm. The applicant has shown the installation of balsam fir trees and dogwood shrubs along the perimeter of the solar array to provide vegetative screening. The plantings are shown to be arranged with a row of balsam firs closest to the panels and dogwood shrubs in the front, when viewed from outside the array looking in. The ordinance requires that vegetative screening must be at least 6 feet tall at the time of planting. Staff will be requiring that the balsam firs planted will be 6 feet tall at the time of planting as a condition of approval. The dogwood shrubs are described in the landscape plan as having a maximum height of 4 feet. There is a portion of the vegetative buffer that crosses some wetlands, where the balsam fir cannot be planted. The applicant has shown a double row of dogwood shrubs in the portion of the vegetative buffer that crosses the wetlands. While this area of screening would not meet the 6 foot height requirement, staff is generally comfortable with the use of dogwood shrubs as a screening measure in the wetland areas. In addition to planting trees and shrubs for screening, the applicant has indicated that a substantial amount of existing vegetation will remain, including the majority of the vegetative buffer on the east and west sides of the property. In areas where vegetation is to be cleared for construction purposes, the applicant will be planting replacement vegetation to make up for gap in screening. All landscaping will be required to meet the ordinance standards in regards to sizes of plantings and minimum installation requirements. (f) All ground areas within the perimeter fencing of a solar farm that are not occupied by equipment or access paths shall be planted with deep rooted, native pollinator plantings. The applicant submitted a vegetative establishment and management plan which includes a seeding schedule for the site. All of the seeds described are native to Minnesota according to the MnDNR’s native species list, except for one. Staff will continue to work with the applicant on the mixture of seeds to meet the ordinance requirement or develop a suitable alternative. (g) Solar farm applications shall include a vegetation establishment and management plan which shall be reviewed and approved by staff. The applicant submitted a vegetation establishment and management plan (VMP) which was prepared by Natural Resources Services, Inc. The plan includes an overview of site conditions, plans for removals and restoration of landscapes, timelines for establishment, monitoring, and maintenance of vegetation, and descriptions of the seed mixtures to be planted on site. Th e site is to be watered via a water truck once weekly during the establishment phase. (h) The owner/operator of the solar farm shall provide the city with evidence that the solar energy system is functioning properly. This shall be provided at any time deemed necessary by the City. Enterprise Energy, LLC. Solar Farm Site Plan and IUP Page 6 The applicant described the day-to-day operations and management of the solar farm in the narrative. The solar farm is to have a concrete equipment pad where metering equipment would be mounted, with the power production and equipment to be continuously monitored by a satellite system. Staff will work with the applicant to determine a plan for demonstrating that the system is functioning properly, including routine checks at a time deemed necessary by staff. A plan to provide a system for ensuring that the system is functioning properly will be a condition of approval in the IUP. (i) The owner/operator shall submit a decommissioning plan for the solar farm to ensure that the owner/operator properly removes the equipment and facilities upon the end of the project life, abandonment, expiration, or termination of the interim use permit. This decommissioning plan must meet requirements outlined in the City code. The applicant has provided the City with a decommissioning plan for the solar farm. The City’s ordinance states that the owner/operator of the solar farm shall provide a current-day decommissioning cost estimate and shall post financial security in a form acceptable by the city. The City is requiring the owner operator to submit this required information as well as a cash escrow prior to the issuance of a building permit. The applicant’s decommissioning plan meets City requirements outlined in the code, including the removal of all equipment and structures within 90 days after the system has been inoperative for 12 months as well as the restoration of the site. However, the cost estimates for decommissioning include a projected amount that the developer or city could recover by salvaging the decommissioned equipment. Staff is recommending that the salvage estimate not be included in the cash escrow payment. The decommissioning plan requirements will be a condition of approval in the IUP. 6. CRITERIA FOR APPROVAL OF A SOLAR FARM INTERIM USE PERMIT: An application for a home occupation interim use permit may only be granted upon a finding that all the following criteria have been met: (a) The applicant owns the property or has secured a proper lease agreement on the property, unless the city council determines that unique conditions or circumstances warrant special arrangement. The applicant has a purchase agreement with the owner of the property in question. (b) The proposed solar farm is allowed as a principle use in the respective zoning district and conforms to this chapter. The proposed solar farm is an allowed permitted use with an IUP within the Agricultural (AG) zoning district. (c) The proposed solar farm is keeping with the spirit and intent of this chapter. The spirit and intent of the ordinance is to allow for the generation of renewable energy within the City of Hugo. Promoting the safe, effective, and efficient use of solar energy, may reduce the Enterprise Energy, LLC. Solar Farm Site Plan and IUP Page 7 onsite consumption of fossil fuels and utility-supplied electric energy while avoiding adverse impacts on the community at large. The applicant’s proposed solar farm meets the purpose, permitted uses, and performance standards outlined in the City code. It’s in staff’s opinion that the request for an IUP for a solar farm meets the spirit and intent of the ordinance. (d) The construction of a solar farm shall not impede the city's ability to implement its comprehensive plan. Due to the property being located outside of the Municipal Urban Service Area (MUSA), city sewer and water are not planned for this property in the Comprehensive Plan. The minimum lot size in the AG zoning district is 10 acres, and the property cannot be subdivided. It is in staff’s opinion that the proposed solar farm will not impede the City’s ability to implement the Comprehensive Plan. (e) The proposed solar farm is compatible with the present character of the surrounding area. The intent of the Agricultural (AG) zoning district is to provide an area for uses dependent on the inherent productivity of the land. Many of the surrounding properties are used for single-family homes or agricultural activity, which generally translate into having a low impact on adjacent properties with limited noise, traffic, etc. The applicant has indicated that there will be routine maintenance on the property, which will generally consist of a truck using the access drive at various times and will not be intrusive. The applicant has taken measures to ensure that the solar farm will be adequately screened from the view of surrounding properties. It’s in staff’s opinion that the request for an IUP for a solar farm will not adversely affect the surrounding area and is compatible with the character of the surrounding area. (f) The proposed solar farm shall have a set date in which the permit shall be reviewed or terminated. The applicant has requested the permit to be approved for a period of 25 years, which is the life of the applicant’s agreement with Xcel Energy in purchasing the power generated by the solar farm. City staff is comfortable with approving the IUP for a 25 year period from the date of the issuance of the final building permit inspection with the allowance, required by City code, that the owner/operator of the solar farm provide the City with evidence that the solar energy system is functioning properly at any time deemed necessary by the City. The solar farm shall be reviewed every five (5) years. (g) The proposed solar farm shall be subject to any conditions that the city council deems appropriate for the permission of the use. City staff have reviewed the application for a solar farm interim use permit and have outlined conditions of the permit within the IUP document. City staff can update the permit with any conditions deemed necessary for this use prior to final approval. Enterprise Energy, LLC. Solar Farm Site Plan and IUP Page 8 7. SITE PLAN APPROVAL REQUIREMENTS Building Setbacks Sec. 90-278(d)(2)(b) requires minimum setbacks for solar farms that exceed the minimum required setbacks for the AG zoning district. The proposed solar farm meets these requirements. Building Height Sec. 90-278(d)(2)(d) requires a maximum height of 15 feet for ground mounted solar energy systems that is less than the maximum height allowed in the AG zoning district. The applicant has indicated that the solar farm will have a panel height of approximately 10 feet. The proposed solar farm meets this requirement. Building and Impervious Surface Coverage The AG zoning district allows for up to 35% of the lot area to be covered by impervious surface. The applicant is not proposing to construct any buildings, and is proposing that approximately 3.91 acres of the approximately 12 acre site to be covered by impervious surface, including the solar panels, access driveway, and concrete equipment pad. This coverage equates to roughly 32.6% of the lot to be covered by impervious surface, meeting the ordinance requirement. Parking Sec. 90-235 outlines minimum required parking for specific uses. Solar farms are not a specific use that requires off-street parking. The applicant has stated that the access road will provide enough space to park a maintenance vehicle during routine trips, without any further anticipated vehicle trips per day. Staff is comfortable with the amount of space provided for parking in the access road. Landscaping As previously stated, Sec. 90-278(d)(2)(f) and (g) require that ground areas within the perimeter fencing of a solar farm not occupied by equipment or access paths be planted with deep-rooted, native pollinator plantings and that the application include a vegetation establishment and management plan (VMP) to be reviewed and approved by staff. The landscape plan and VMP satisfy the IUP criteria for the solar farm as well as the requirements for a landscape plan under Sec. 90-36(c). Fencing/Screening As previously stated, Sec. 90-278(d)(2)(e) requires that solar farms be enclosed by perimeter fencing or adequate vegetative buffer for screening, with the primary form of screening being plantings that are at least 6 feet tall at the time of planting. Staff is comfortable with the Enterprise Energy, LLC. Solar Farm Site Plan and IUP Page 9 applicant’s proposed landscape plan and the keeping of existing vegetation to provide an adequate form of buffer for screening, with the conditions in the resolution. Signage The proposed solar farm shall include a sign listing the owner/operator of the system along with appropriate contact information. Staff will review the specifications of such sign prior to issuing a sign permit. The proposed solar farm does not include any additional signage for the purpose of attracting attention or business to the site. Stormwater Management In general, the construction of the solar farm will not change how the property is drained. The applicant’s grading plan utilizes a stormwater pond to capture runoff from the access driveway, laydown area, and equipment pad in the northwest corner of the property. The pond’s outlet directs stormwater into the wetlands where the property already drains runoff to the east. The installation of solar panels will not significantly change the direction or runoff, and the site will drain as it currently drains. The stormwater plan meets the City’s volume and rate control requirements to approve a stormwater permit. The applicant shall continue to work the staff on any additional measures necessary to obtain the stormwater permit prior to the issuance of a building permit. Utilities The proposed use does not require servicing for water or sanitary sewer. The solar panels will connect to the metering equipment via an underground conduit, and interconnects to the existing power distribution network operated by Xcel Energy. The solar farm will include an overhead utility pole that will connect to a second utility pole maintained by Xcel Energy. Streets and Access The site has adequate access from Everton Avenue North via the proposed access roads. Wetlands The property has approximately 3.6 acres of wetland. A portion of the solar array will be constructed within the wetlands, which is permitted by ordinance. The Technical Evaluation Panel (TEP) has reviewed and approved the request for a no-loss exemption for the solar panel locations. Park Dedication The proposed use does not require park dedication. It is in staff’s opinion that the application meets all of the requirements for site plan approval. Enterprise Energy, LLC. Solar Farm Site Plan and IUP Page 10 8. CONCLUSION AND STAFF RECOMMENDATION: It is in staff’s opinion that the requests for a solar farm site plan and IUP meets the City Code and approval criteria for a solar farm. Staff recommended approval of the solar farm site plan and interim use permit applications, with the conditions listed in the attached resolution and IUP, to the Planning Commission. 9. PLANNING COMMISSION RECOMMENDATION: The Planning Commission unanimously voted to recommend that the City Council approve the site plan and IUP requests, subject to the conditions in the approving resolution. 10. OTHER CONSIDERATIONS Staff has drafted an optional resolution with findings of fact for denial for Council consideration, based on the feedback received during the Public Hearing and in the letter from neighboring residents. ATTACHMENTS: 1. Site Map 2. Draft Resolution for Approval 3. Solar Farm Interim Use Permit 4. City Engineers memo dated April 8, 2024 5. Applicant’s Narrative 6. SSTS Site Evaluation Summary Report from Kloeppner Services & Design, LLC. 7. Site Plan/Landscape Plan 8. Grading Plan 9. Applicant’s Vegetation Establishment and Management Plan 10. Applicant’s Decommissioning Plan and Cost Estimate 11. Letter from neighbors 12. Draft Resolution for Denial RESOLUTION 2024-XX APPROVING A SITE PLAN AND INTERIM USE PERMIT TO ALLOW A SOLAR FARM ON PROPERTY LOCATED EAST OF EVERTON AVENUE NORTH AND NORTH OF 149TH STREET NORTH WHEREAS, EESolar13, LLC. has requested approval of a Site Plan and Interim Use Permit (IUP) to allow for a solar farm on the property legally described as follows: (See Attached) WHEREAS, the Planning Commission has reviewed the request at a duly called public hearing and recommends approval, and; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the request by EESolar13, LLC. for a Site Plan and Interim Use Permit (IUP) to allow a solar farm, subject to the following findings of fact: 1. The applicant has a lease agreement with the property owner of the property in question. 2. The proposed solar farm is an allowed permitted use within the Agricultural (AG) zoning district with an interim use permit. 3. The spirit and intent of the ordinance is to allow for the generation of renewable energy within the City of Hugo. Promoting the safe, effective, and efficient use of solar energy, may reduce the onsite consumption of fossil fuels and utility-supplied electric energy while avoiding adverse impacts on the community at large. The solar farm meets the spirit and intent of the ordinance. 4. The solar farm will not impede the City’s ability to implement its Comprehensive Plan. 5. The intent of the Agricultural (AG) zoning district is to provide an area for uses dependent on the inherent productivity of the land. Many of the surrounding properties are used for single-family homes or agricultural activity, which generally translate into having a low impact on adjacent properties with limited noise, traffic, etc. The solar farm will be adequately screened from the view of surrounding properties. The solar farm is compatible with the character of the surrounding area. 6. To construct and operate the solar farm on the property the applicant agrees to sign the interim use permit and agrees to the conditions outlined in the permit. 7. The permit shall be reviewed each year for the first two years after installation and every five years following. Resolution 2024-XX Page 2 8. Expires in 25 years (timeline beginning at the issuance of the building permit) Expires when deemed abandoned. Expires when EESolar13, LLC, is no longer the operator. The requests shall be subject to the following conditions: 1. The applicant shall comply with all conditions listed in the interim use permit (IUP). 2. The applicant shall submit revised plans for review and approval by City staff as outlined in the IUP. 3. The applicant shall demonstrate that the elevation of the solar panels will be level across the array. 4. The applicant shall revise plans to indicate that the fence around shall be black vinyl-coated chain-link. 5. The applicant shall revise the landscape plan to show 10-foot tall trees to be planted along the southern side of the solar array. ADOPTED by the City Council this 6th day of M ay, 2024 ______________________________ Tom Weidt, Mayor ATTEST: __________________________________ Michele Lindau, City Clerk INTERIM USE PERMIT DATE OF APPROVAL: May 6, 2024 ISSUED TO: EESolar13, LLC 2925 Dean Pkwy, Exe Ste 300 Minneapolis, MN 55416 PROPERTY OWNER: Katie Nguyen 2504 Helena Ave N Oakdale, MN 55128 PROPERTY ADDRESS: N/A PROPERTY ID: 18.031.21.43.0002 EXPIRATION: Expires in 25 years (timeline beginning at the issuance of the building permit) Expires when deemed abandoned. Expires when EESolar13, LLC, is no longer the operator. REVIEW: The permit shall be reviewed each year for the first two years after installation and every five years following. ZONING DISTRICT: Agricultural (AG) LEGAL DESCRIPTION: See attached Exhibit A THIS INTERIM USE PERMIT ALLOWS FOR THE FOLLOWING: A solar farm on the property generally located east of Everton Avenue North and north of 149th Street North. THIS INTERIM USE PERMIT IS APPROVED SUBJECT TO COMPLIANCE WITH THE FOLLOWING SPECIAL CONDITIONS: 1. A building permit shall be required for the construction of the solar farm. 2. The solar farm shall operate in a manner that is consistent with applicant’s narrative (Exhibit B) and applicant’s site plan (Exhibit C). 3. The solar farm owner/operator shall comply with the decommissioning plan (Exhibit D) and decommission plan City standards outlined in Section 90-278. 4. The solar energy system shall not exceed 15 feet in height when oriented at maximum tilt, and the elevation of the solar panels shall be level across the array. 5. The solar farm shall not permit light, glare, noise, odor, smoke, dust, or vibration that will in any way have an objectionable effect upon adjacent or nearby property owners. 6. It shall be the responsibility of the solar farm owner/operator or property owner to secure any solar energy easements, if applicable, to protect solar access for the system (as per MN Statute Section 500.30). 7. The landscaping shall be installed at the same time as construction of the solar farm. 8. The solar farm owner/operator shall be in compliance with the approved landscape plan. a. The balsam firs for vegetative screening shall have a height of at least 6 feet at the time of planting, except along the southern portion of the solar array, where they shall have a height of at least 10 feet at the time of planting. 9. The solar farm owner/operator shall be in compliance with the approved vegetative establishment and maintenance plan. 10. The solar farm shall be adequately screened from public right-of-way and adjacent properties. 11. A small sign will be allowed at the entrance of the site to display the site address, emergency contact information, and emergency procedures. A permit for any sign installed on site will require review and approval of a sign permit application by the Community Development Director or designee. 12. The applicant shall provide evidence that the solar energy system is functioning properly at any time deemed necessary by the City. Prior to the issuance of a building permit the following must be completed: 13. The solar farm owner/operator shall submit a current-day decommissioning cost estimate and shall post a cash escrow to the City. a. This decommissioning cost shall not include the projected salvage amount. 14. An access easement shall be granted to the City for access to the property and for the removal of the solar farm and components in the event the solar farm owner/operator fails to comply with decommissioning plan or abandons the solar farm. 15. The solar farm owner/operator must provide a copy of an executed agreement with the local electric utility for purchase of the electricity from the solar farm. 16. The solar farm owner/operator shall provide a copy of the insurance policy for the solar farm and property, for review by City staff. 17. A revised vegetative establishment and maintenance plan shall be submitted, reviewed, and approved by the Community Development Director or designee. To the maximum extent possible, the revised plan shall indicate: a. The replacement of the non-native sheeps fescue planting with a similar planting listed on the MnDNR’s list of native species, or as approved by City staff. b. Include updated plan sheets as reviewed and approved by City staff. 18. A stormwater management plan, meeting all City requirements, shall be reviewed and approved by staff. A stormwater permit shall be issued by the City. 19. A cash escrow shall be deposited to the City for the grand total amount for decommissioning and site restoration of $181,055.02 found in Exhibit D. Prior to the issuance/approval of a final construction inspection the following conditions must be met/completed: 20. All exterior electrical or other service lines shall be buried underground. The collection system may be placed overhead near substations or points of interconnection to the electrical grid. 21. All landscaping shall be installed in accordance with the approved landscape plan. 22. The solar energy panels shall be installed as to have the same elevation and be consistent throughout the site. 23. Solar energy system components shall be labeled with the manufacturers name and address, model number, and serial number. 24. The solar farm shall be in compliance with the adopted city and state building code, electrical code, and plumbing code, as amended and receive any necessary permits or approvals from any regulatory agency having jurisdiction. 25. The chain-link fence surrounding the perimeter of the fence shall be coated in black vinyl. Decommissioning 26. Upon expiration of the IUP, in the event the IUP is revoked by the City, or in the solar farm is abandoned, the approved decommissioning plan shall be executed and enforced. a. The solar farm owner/operator shall provide evidence that the solar farm is functioning properly. This shall be provided any time deemed necessary by the City. If the solar energy system remains nonfunctional or inoperative for a continuous period of 12 months, the system shall be deemed abandoned and shall constitute a public nuisance. Within 90 days after notice has been given, the owner shall remove the abandoned system at their expense after a demolition permit has been obtained. Removal shall be the entire solar farm and components including transmission equipment, structures and foundations, and the restoration of soil and vegetation. If the owner fails to fully remove the system, the City will remove the system using the decommissioning escrow money. b. Should be decommissioning escrow account contain insufficient funds to complete the decommissioning, the remaining balance shall be assessed against the property as a property tax. ADOPTED by the City Council this ________ day of ________, 2024. __________________________________________ Tom Weidt, Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this _____ day of __________________, 2024, before me, a Notary Public, personally appeared Tom Weidt, Mayor 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, Mayor, acknowledge said instrument to be the free act and deed of said City of Hugo. __________________________________________ Notary Public __________________________________________ Evan Carlson, President EESolar13, LLC STATE OF MINNESOTA ) ) ss. (Individual Notary) COUNTY OF WASHINGTON) On this _____ day of __________________, 2024, before me, a Notary Public, personally appeared Evan Carlson, President of EESolar13, LLC, who signed the foregoing instrument and acknowledged said instrument to be his free act and deed. __________________________________________ Notary Public THIS INSTRUMENT WAS DRAFTED BY : THE CITY OF HUGO 14669 Fitzgerald Avenue North Hugo, MN 55038 \\metro-inet\hugo\Shared\Users\R_Juba\DEVELOPMENT PROJECTS\1_OTHER APPLICATIONS\CUP_IUP\Enterprise Energy Solar Farm\LTR-r juba-Nguyen Solar Final Plat - 04082024.docx 178 E 9TH STREET | SUITE 200 | SAINT PAUL, MN | 55101 | 651.286.8450 | WSBENG.COM April 8, 2024 Ms. Rachel Juba Community Development Director City of Hugo 14669 Fitzgerald Avenue North Hugo, MN 55038 Re: Nyugen Solar Site Review WSB Project No. 023578-000 Dear Ms. Juba: We have reviewed the submittal for the Nguyen Solar Site. We have reviewed the following information related to this application: • Nguyen Site Plan, dated April 5, 2024 by Enterprise Energy • Nguyen Site and Grading Plan, dated April 5, 2024 by EVS Engineering • Stormwater Report dated April 5, 2024 by EVS Engineering • Stormwater Pollution Prevention Plan dated April 5, 2024 by EVS Engineering Final versions of the engineering plans and stormwater calculations are currently under review and additional minor comments may be generated as part of that review. Based on the review of the documents previously submitted, we offer the following Engineering comments related to this application: General/Access 1. The subject property is located on the east side of Everton Avenue, North of CSAH 8. 2. Access to the solar site will occur from Everton Avenue. The access will be required to be modified slightly so that the access in the right of way is perpendicular to Everton Avenue. This will be helpful with turning movements into the property. Utility Plan 3. No utilities are proposed as part of the solar site. Stormwater Management 4. The site is proposing to meet water quality requirements through an onsite stormwater pond. Soil borings onsite showed clay soils were present throughout the site, prohibiting infiltration. The stormwater pond is located downgradient of the access roadway and concrete pad as requested by the City to provide treatment for these hard surface areas as these will generate the main pollutant load onsite. The stormwater pond was sized to provide treatment for all impervious surfaces onsite, including the solar panels, following MPCA guidance for solar sites. 5. The site is meeting rate control requirements with the onsite pond. 6. Minimal grading is proposed onsite outside of the access drive area, so overall drainage patterns remain relatively unchanged from the existing condition. Ms. Rachel Juba April 8, 2024 Page 2 \\metro-inet\hugo\Shared\Users\R_Juba\DEVELOPMENT PROJECTS\1_OTHER APPLICATIONS\CUP_IUP\Enterprise Energy Solar Farm\LTR-r juba-Nguyen Solar Final Plat - 04082024.docx Wetlands 7. No wetland impacts are proposed as part of the solar site improvements. Thank you for the opportunity to provide comments on this project. If you have any questions, please do not hesitate to contact me at 612-360-1278. Sincerely, WSB Mark Erichson, PE City Engineer cc: Scott Anderson, Public Works Director (email only) Liz Finnegan, Senior Engineering Technician (email only) Date: March 11 , 2024 Land Use Authority: City of Hugo, MN Application for Interim Use Permit Nguyen Community Solar Enterprise Energy LLC for EESolar13 LLC ENTERPRISE ENERGY Enterprise Energy 2925 Dean Parkway, Execu8ve Suite 300 Minneapolis, MN 55416 (952) 212-0824 1 Enterprise Energy LLC, a Minnesota limited liability company (“Applicant”) submits this permit application on behalf of EESolar13 LLC, a Minnesota limited liability company and subsidiary of Enterprise Energy. Applicant requests a permit to construct a 1MW Alternating Current community solar garden on land owned by Katie Nguyen, Under Purchase Agreement to EESoalr13, LLC, legally described as That part of the Southwest Quarter of the Southeast Quarter of Section 18, Township 31 North, Range 21 West, Washing County, MN Lying North of the South 583.5 Feet, EXCEPT the 50 foot right-of-way of St. Croix Falls Minnesota Improvement Company, AND Except the North 334 feet of the South 917.5 feet of the Southwest Quarter of the Southeast Quarter of Section 18, Township 31 North, Range 21 West, Tax ID 1803121430002. The property is zoned Agricultural. It was selected due to its compliance with the zoning ordinance, its proximity to electrical infrastructure, it’s physical characteristics, suitability for solar development, and landowner participation. The application forms have already been submitted. The installation will operate as a “Community Solar Garden” as defined by Minn. Stat. 216B.1641 for a period of at least 25 years, and may continue operation for longer. 1. History of Project and Submittal Updates 2. Wetland Delineation and Notice of Decision 3. Environmental Diligence 4. Title Policy and ALTA Survey 5. Stormwater Management Plan (SWPPP & Stormwater Report) 6. Grading and Erosion Control Plans 7. Vegetation Management Plan 8. Decommissioning Plan 9. Site Plan Updates 10. Additional Studies 11 . Summary of Project 12. Attachments Enterprise Energy 2925 Dean Parkway, Execu8ve Suite 300 Minneapolis, MN 55416 (952) 212-0824 2 History of Project and Submittal Updates: Enterprise Energy initially contacted the City about this project in December 2022. The City enacted a moratorium on solar and revised its ordinance. Fortunately, the ordinance amendment still permits this project on this parcel. After the ordinance amendment, in December 2023 we met with City staff, City engineers, and City wetland enforcement agency to review our submittal and assure that our application meets the heightened scrutiny of the new ordinance. We received feedback and additional engineering and environmental requests. After attempting to address those requests, we resubmitted materials in February 2024 and received additional feedback and requests. After working closely with staff and City engineering consultants for a very long time, we believe that this application satisfies the ordinance. This ordinance required extraordinarily detailed and thoroughly engineered plans. We spent an enormous amount of time and money to prepare and demonstrate the functionality of our Stormwater Management Plan, Vegetation Management Plan, Grading Plan, Erosion Control Plan, Wetland Delineation and No-Loss Determination, Decommissioning Plan, ALTA Survey, and Site Plan. We also did extensive diligence on the parcel including FAA Glare Analysis, Geotechnical Field Soil Electric Resistivity Testing, Department of Interior Fish and Wildlife Services Endangered Wildlife and Species Search, and Phase I Environmental Assessment, and Phase I Archeological Reconnaissance. These plans were very expensive and required a nearly complete civil engineering set. Typically, many of these submittals are not required as part of a IUP application and are instead required as conditions of the IUP, to be submitted with the building permit application. Requiring this material up front adds a lot of risk to the project because the IUP is not guaranteed. However, we believe in this project and our ability to design it in a way that will be beneficial to the City, so we endeavored to do the work anyway. We hope that the City carefully considers the work that has been done to date to prepare this application. Wetland Delineation & Notice of Decision: We hired a third-party consultant to perform a wetland delineation on the property. The delineation identifies the location and type of all wetlands. The delineation and finalized site plan were sent to the City engineering consultant for a “no-loss” determination, which is an affirmation that the plan does not adversely impact the wetlands. The no-loss determination not only considers the impact of these specific wetlands, our specific plan, and the specific site characteristics, but it also considers the hydrology and environmental characteristics of surrounding parcels, and how the plan could adversely impact them. Our consultant and the City’s consultant agree that this project will not have a negative impact. The Wetland Boundary Concurrence and No-Loss Determination are attached as Exhibits 2 & 3. Environmental Diligence: Apart from wetlands, we had our environmental consultant perform extensive environmental diligence studies, including a Plant Survey that identifies all vegetation growing on the parcel, a Wildlife Species Search that identifies all wildlife that uses the parcel all year, a Phase I Environmental Assessment to determine if there has been any environmental contamination of the parcel, and a Phase I Archeological Study to determine if the parcel has any historical or archeological significance. The studies did not reveal any Enterprise Energy 2925 Dean Parkway, Execu8ve Suite 300 Minneapolis, MN 55416 (952) 212-0824 3 environmental contamination, endangered species or archeological significance. They are attached as Exhibits 4, 5, 6, and 7). Title Policy and ALTA Survey: We hired a title company to prepare a title insurance policy for the parcel. The title policy identifies all encumbrances. We also hired a licensed surveyor to visit the site and perform a survey based on the title report and the encumbrances identified therein. The survey confirms the parcel legal description, identifies boundaries, topography, the location of a ponding and flowage easement, and the boundaries of adjoining properties. The title commitment and ALTA survey are attached as Exhibits 8 & 9. Stormwater Management Plan (SWPPP and Stormwater Report): Enterprise Energy and its engineering consultants worked closely with the City and its engineering consultants to prepare a Stormwater Management Plan that meets the City ordinance and the City consultant’s standards. The attached Stormwater Pollution Protection Plan (“SWPPP”) and Stormwater Report are detailed engineering studies that determine compliance with State and local stormwater requirements. They contain stormwater calculations, HydroCAD modeling, FEMA mapping, soil mapping, rainfall analysis, erosion control measures, soil stabilization measures, and other scientific calculations. They are attached as Exhibits 10 and 11 . These 188 and 130 page documents were performed by a licensed engineering firm with expertise in the matter, and were reviewed and approved by City engineering consultants after the addition of certain recommendations, such as updating hydrology assumptions, acknowledging the location of a culvert, changing the type and location of the filtration basin to move it closer to the access road, and confirmation that Rice Creek Watershed District, WACA, DNR, and other environmental rules are met. They a create tailored plan that is specific to this project and do it in the context of the surrounding parcels and hydrology. Because they are specific to the proposed project, they required a nearly complete civil engineering design that is typically done as part of the building permit application, after ministerial permits are complete. Grading and Erosion Control Plan: Grading and erosion control measures during and after construction are detailed in the SWPPP, which has been accepted by the City’s engineers. The grading and Erosion Control plan was added at the direction of the City’s consultants. A rendering of the finalized plan is attached as Exhibit 12. Grading is minimal and erosion is well controlled. Vegetation Management Plan: We contracted with an expert third-party consultant called Natural Resource Services to prepare a functioning Vegetation Installation and Management Plan specific for this site that takes into consideration the Soil Types, Wetland Delineation, Plant Survey, Grading Plan, and other diligence items. The plan describes the procedures for establishing the vegetation on the site, such as site preparation and seeding, as well as monitoring and maintenance over a 35 year period. It will create wildlife habitat for birds, small mammals, and insects, as well as carnivorous animals that eat them. The vegetative cover will have deep roots that will improve the permeability of the soil, promote soil health, slow down the velocity of water runoff, and prevent topsoil erosion, thereby naturally improving the quality of any surrounding waterbodies or wetlands. The photo below is an example of established plantings under a solar array. Enterprise Energy 2925 Dean Parkway, Execu8ve Suite 300 Minneapolis, MN 55416 (952) 212-0824 4 City environmental consultants reviewed the plan and made recommendations based on the other studies and plans that we submitted. Based on those recommendations, we changed vegetative screening trees to balsam fir and dogwood shrubs to ensure hardiness through diversity of species and tailored other plantings to specific soil types and hydrology. We also changed tree size to a minimum of 6 feet at the time of planting. The plan is attached as Exhibit 13. Decommissioning Plan: We prepared a decommissioning plan that addresses the specific costs and procedures associated with decommissioning the project. The solar tenant and its successors shall be responsible for decommissioning of the solar installation upon the expiration of the lease, land use permits, or the cessation of power generation for a period longer than 12 months, at which point the solar installation will be deconstructed and removed. All footings, electrical components and underground wires, fences, and other solar equipment will be removed, and the land can be reused for an alternative use. The solar installation will comply with decommissioning security requirements or procedures that are required by the land use authority. The land lease contains a contractual obligation for the solar tenant to decommission the solar installation and restore the property. It also requires that the tenant post a security for removal in the form of a bond, escrow, or letter of credit prior to construction, payable to the property owner, in the event that the land use authority does not require one. The purpose of the security is to ensure that sufficient money is set aside to remove the solar installation before it is built. Site Plan Changes: The site plan has been through multiple drafts and redesigns to comply with the new ordinance as well as in response to the results of the abovementioned work. Most noticeably, the setbacks to property lines and dwellings are far larger than before. This reduced the footprint of the project to approximately 4 acres. We also change the system from a tracker system that is organized in rows from North to South and follows the sun, to a fixed tilt system that is Enterprise Energy 2925 Dean Parkway, Execu8ve Suite 300 Minneapolis, MN 55416 (952) 212-0824 5 organized into rows from East to West and does not move. The fixed system produces less power, but it more easily complies with setbacks and works better with the Stormwater Control Plan. The Stormwater Control Plan also prompted us to move the access road and water filtration basin to better catch water runoff from impervious surfaces. Drainage and flow patterns from surrounding properties was addressed while amending the site plan. Additional Studies: In addition to the abovementioned work, we also performed an FAA Glare Analysis to determine if the project could potentially interfere with air traffic, as well as a Geotechnical Field Soil Electric Resistivity Testing, which is a precursor to soil borings that have been ordered. Summary of Project: A Community Solar Garden is a solar power plant that allows people who don’t have a good spot for solar panels to be treated by the electric utility as though these solar panels are on their property. We lease land somewhere that is good for solar, such as this parcel, and pay to develop and install the Community Solar Garden. When the array puts power into the Grid, it receives a “bill credit” from the electric utility for that amount of power. The bill credit is a right to take that same amount of power out of the electric grid somewhere else in the same electric grid at no cost. We then sell the bill credit to the people who don’t have a good spot for solar, thereby allowing them to save money through solar even though they don’t have a good spot for solar panels. The people who buy the bill credits are referred to as the “subscribers” since they subscribe to the Community Solar Garden by agreeing to buy the bill credits. The application is for up to 1 MW (AC) Alternating Current of solar on the property. The installation will consist of approximately three thousand solar panels per MW. The installation will encumber approximately eight acres of land per MW and reach a height that will not exceed fifteen feet above grade, approximately 5-10 feet. The solar panels are screwed to a steel racking system that holds them in rows. The rows are arranged into an immobile configuration from East to West, facing the South at an approximately 30-degree angle. The racking system is attached to driven I-beam that secures the installation to the ground. The I-Beam is driving directly into the ground to a depth of approximately 7 feed and does not require concrete footings. The racking and footings are within accepted processional standards given the local soil and climate, and are professional engineered to withstand winds exceeding 150 MPH. Enterprise Energy 2925 Dean Parkway, Execu8ve Suite 300 Minneapolis, MN 55416 (952) 212-0824 6 Solar panels produce direct current (DC) electricity. The electrical grid uses alternating current (AC) electricity. The power produced from the array will be run through an “Inverter” that changes the power from direct current to alternating current. The process of inverting the electricity loses some efficiency. Therefore, it will produce more DC power than AC. This conversion is expressed as a DC/AC ratio. This project will have roughly a 1.5 DC/AC Ratio, meaning that for every MC AC that it produces, it produces 1.5MW direct current. The community solar garden has one concrete equipment pad that takes up about 200 sf. The solar panels are connected by underground electric conduit that leads to the equipment pad where metering equipment is mounted. The amount of electricity that is produced by the solar development is measured by the solar development owner and the electric utility. The power production and equipment are monitored 24/7 by a satellite or cellular based security system. An emergency shutoff switch is also on site. Enterprise Energy 2925 Dean Parkway, Execu8ve Suite 300 Minneapolis, MN 55416 (952) 212-0824 7 After the power is metered at the equipment pad, it interconnects into the electric utility’s existing three phase distribution power distribution network. The solar installation includes a pole that houses overhead wires and leads to another pole that is controlled by the electric utility. The solar array will be contained within a 6 foot tall security fence described on the site plan. The fence will meet electrical code requirements and prevent people from trespassing, while allowing birds, insects, rodents, and other wildlife to pass through. Construction and Operation: We would like to begin construction as soon as summer 2024 and complete before winter. However, the actual construction process will only take about three months. We haven’t set an exact groundbreaking date yet. The construction process begins with preliminary site testing for soil conditions for footings, as well as environmental, historical, and cultural diligence. That work has already been performed as part of this application. Enterprise Energy 2925 Dean Parkway, Execu8ve Suite 300 Minneapolis, MN 55416 (952) 212-0824 8 Construction will not require a water supply. All waist and debris from the project will be gathered on site and disposed of. A construction trailer and portable toilet will be placed on site when we begin groundbreaking. Construction happens in phases, typically with two phases occurring at the same time when the first phase is halfway done. The first phase of the installation is the footings. There will be rows of I-beams sticking out of the ground. When about half of the field has I-beams installed, the racking system begins being placed on the I-beams on the completed portion. When the raking is installed on about half of the field, electricians will begin installing the solar panels on the completed portion. When solar panels are installed halfway through the field, electricians will begin wiring the system together. After the installation is complete it will undergo about a month of testing from the installer and the electric utility before it becomes commercially operational. Access to the site will be by a packed class five gravel road approximately twenty feet wide with a twenty-five-foot entrance. Construction parking will be located entirely within the parcel. No additional parking is required. Multiple simi truckloads of equipment such as solar panels and steel racking will be delivered through the construction process. Multiple pickup trucks, workers, passenger vehicles, bobcats and equipment will be on site most days during construction. Access to the site will be minimal after construction. An engineer will need to access the property by pickup truck at least twice a year to examine the equipment. Maintenance crews will be on site at least twice a year to manage the vegetative cover and remove weeds. The array will be monitored 24/7 265 days a year by a computer monitoring system that measures the power being produced on site. If a problem arises, the system will alert the system owner so that appropriate personnel can be dispatched to the site to resolve the issue. Enterprise Energy 2925 Dean Parkway, Execu8ve Suite 300 Minneapolis, MN 55416 (952) 212-0824 9 The solar installation will comply with the international building code, including sections 605.11-605.11.2 regarding the location of underground electrical conduit, the national electric code, and all local electric and fire codes and ordinances. The solar installation will have emergency contact information posted on a sign at the fence entrance. The local fire department will be given an emergency key to the security fence. Solar production will be monitored 24/7 for electrical and mechanical issues. Attachments 1. Site Plan 2. Wetland Boundary Concurrence 3. Wetland No-Loss Determination 4. Plant Survey 5. Wildlife Species List 6. Phase I ESA 7. Phase I Archeological 8. Title Commitment 9. ALTA Survey 10. Stormwater Report 11. SWPPP 12. Grading & Erosion Control Plan 13. Vegetation Management Plan 14. Decommissioning Plan 15. Soil Electric Resistivity Test KLOEPPNER SERVICES & DESIGN, LLC 3450 Lexington Ave N, Suite 203, Shoreview, MN 55126 (763) 843‐4114 | www.ksd‐mn.com | MPCA Lic # L4043 Prepared by KSD @ 2022 www.ksd‐mn.com SSTS Site Evaluation Summary Report 6/13/2022 Haven Homes c/o Brandon Derks Subject: Septic System Site Evaluation at PID18.031.21.43.0002 Dear Brandon Derks, On June 7th, 2022, a site evaluation was conducted at the undeveloped lot at PID 18.031.21.43.0002 in Hugo, MN in Washington County to identify two locations for a Subsurface Sewage Treatment System (SSTS) for a new 5‐bedroom house. We were unable to identify two suitable sized areas for Long‐term sewage treatment, Type I soil treatment and dispersal areas, required for a new dwelling on an undeveloped lot. Washington County Ordinance 206, Chapter 4, requires the Long‐term sewage treatment areas meet Section 2. (133) Type I System. “Type I System” means a subsurface sewage treatment system that meets the prescriptive design criteria in Section 17 of this Chapter, and includes trenches, pressure beds, mounds and at grade systems with no pre‐treatment ahead of the soil treatment area. A Type I system must have a minimum of 12” of suitable soil. The depth to a limiting condition in the soil was observed between 0” – 10” throughout the useable area. The limiting condition in the soil was the depth to a Periodic Saturated Soil or Hydric Soil (0” of usable soil). Two separate Soil Observations were conducted in the footprint of the proposed house. The depth to the Limiting Condition in the soil was 9” deep. See attached boring logs “House Boring #1 & #2”. The soil observations included, and the Site Plan attached, detail the locations and observations performed. Unfortunately, Kloeppner Services & Designs, LLC was unable to find enough space and suitable soil for a new home on this property. Sincerely, Prepared by KSD @ 2022 www.ksd‐mn.com Page | 1 Jesse Kloeppner MPCA Licensed SSTS Inspector MPCA Cert.# C8188 SAT SDSAT TCDASMETstat .UTILITY METER 1407035 SCALE: 1" = 70 N 399'37' PITCH1320' 2 NOT TO SCALE TRACKER X-SECTION & GRADING TOLERANCE EXHIBIT PROFILE VIEW EAST FILL REQUIRED GRADEX" DESIGNGRADING TOLERANCECUT REQUIRED TOP OF PILE MIN. PILE REVEAL MAX. PILE REVEAL TOTAL PILEREVEAL TOLERANCE1 NOT TO SCALE TYPICAL SOLAR ACCESS ROAD SLOPE TO EXISTING GROUND SLOPE TO EXISTING GROUND NOTES: 1.2% CROSS SLOPE IS TYPICAL, BUT CAN BE ADJUSTED DOWN TO MATCH EXISTING GROUND SLOPE IN ORDER TO PROMOTE CONTINUED SHEET DRAINAGE ACROSS ROAD. CROSS SLOPE SHALL NOT BE LESS THAN 1%. 2.ROAD GRADES ARE TYPICALLY INTENDED TO MATCH ADJACENT GRADE ALLOWING DRAINAGE TO SHEET ON AND OFF OF ROADS EVENLY. CARE SHOULD BE TAKEN TO FIELD ADJUST ROAD GRADES OR DITCH AND LOW WATER CROSSING LOCATIONS AS NECESSARY TO PREVENT RUNOFF FROM CONCENTRATING ALONG ROAD EDGES CAUSING EROSION. 3.NO GEOTECH REPORT HAS BEEN COMPLETED. ROAD SECTION DESIGN SHOWN IS PRELIMINARY AND MAY CHANGE PENDING THE FINAL GEOTECH REPORT. STRUCTURAL DESIGN OR ANALYSIS HAS NOT BEEN PERFORMED REGARDING ACCESS ROAD DETAILS. ROAD WITH CROWN ROAD WITH SUPERELEVATION 2% SLOPE (TYP), MIN 1%2% SLOPE (TYP), MIN 1%EDGE OF GRAVELEDGE OF GRAVELEDGE OF GRAVELEDGE OF GRAVEL2% SLOPE (TYP), MIN 1% 2% SLOPE (TYP), MIN 1% 1 : 11:11 : 1 1:17.5'7.5' 7.5'7.5' 6" AGGREGATE BASE 12" COMPACTED SUBGRADE 6" AGGREGATE BASE 12" COMPACTED SUBGRADE CL CL 3:1 3:1 6' 1' 1" 2" MAX. (TYP.) 1' FENCE NOTES: 1.FENCE WIRE SHALL BE NO MORE THAN 2" ABOVE FINISHED GRADE. 2.FENCE WIRE - 9 GAUGE, 2" MESH; GALVANIZED ASTM A392, CLASS 1; TWISTED SELVAGE ON BOTTOM, KNUCKLED SELVAGE ON TOP. 3.ALL RAIL, WIRE AND GATES SHALL BE GALVANIZED. 4.BARBED WIRE TOPPING SHALL CONSIST OF THREE STRANDS OF 12.5 MINIMUM GAUGE WIRE HAVING 4-POINT BARBS OF 14 GAUGE WIRE AT 5 INCHES MAXIMUM SPACING IN COMPLIANCE WITH ASTM A121. BARBED WIRE SHALL BE INSTALLED WITH 45-DEGREE EXTENSION ARMS FACING OUTWARD, AWAY FROM THE SECURED AREA. 5.DETAILS AND DIMENSIONS ARE PRELIMINARY. POST SIZING, FOUNDATIONS, EMBEDMENT DEPTHS/FREQUENCY, AND MATERIALS ARE ALL TO BE CONFIRMED DURING FINAL DESIGN. 6" (TYP.) 10' O.C. MAX. 10' O.C. MAX. TRUSS ROD (3 8" MIN. DIA.) BRACE RAIL TENSION WIRE (7 GA, TYP. TOP AND BOTTOM) 2" MAX. (TYP.) SEE NOTE 5 SEE NOTE 5 SEE NOTE 5 TOP RAIL EMBED POST IN CONCRETE, SEE NOTE 5 CORNER POST 2" MAX. (TYP.) 6" (TYP.) BRACE PANEL TYPICAL PANEL TYPICAL LINE POST TYPICAL TERMINAL POST (CORNER OR END) AT TYPICAL CONDITION 1 NOT TO SCALE CHAIN LINK SECURITY FENCE WITH BARBED WIRE AND POSTS TENSION WIRE (7 GA) PULL POST INTERIOR SIDE SEE NOTE 5 6" MIN. (TYP.) TRUSS ROD (3 8" DIA. MIN.) SEE NOTE 5 ON THIS SHEET 6' GATE LATCH AND PADLOCK SEE NOTE 5 ON THIS SHEET GATE HINGE CATCH BLOCK (SEE NOTE 5 ON THIS SHEET) 8'8' GATE HINGE ONE BRACE FRAME FENCE PANEL ON EACH SIDE OF GATE 2 NOT TO SCALE 20 FOOT SWINGING ACCESS GATE 3" MAX. GATE POST TIES AT 12" CENTERS (TYP.) 5' SWITCHGEAR EQUIPMENT RACK TO XCEL UTILITY POLE 7'-2" 5' AC 7'-9"MET TOWER ON EQUIPMENT RACK UTILITY METER SWITCHGEAR METEO STATION, SCADA, AND PRODUCTION METER XCEL TRANSFORMER XCEL TRANSFORMER 6'-4"UTILITY METER 3'-3"3'-3"3'-3"3'-3"3'-3" UTILITY AC DISCONNECT SECTION 8' - 8 " F R O M X C E L M E T E R T O C U S T O M E R M E T E R 920 920920920920916 916 9179179179 1 8 9189189189189199199199219219 2 1 921 922922922 9229 2 3 9239249 2 4 92 0 920920916916 916 9 1 6 917 91791791791 8 91891891891991991992192192192292292292292292292392392492492092091691691791 7 918 918918 918919919921922923924915915 920 916 916 916 917 918 919 915 914 916915915914 914 916915 92 0 91 6 91 7 9 1 8 91 9 92 0 916 9 1 7 918 919 1407035 SCALE: 1" = 70 N Scale: N.T.S.1 BALSAM FIR SCREENING Scale: N.T.S.3 EVERGREEN PLANTING DETAIL PLANTING SCHEDULE TYPE : BALSAM FIR HEIGHT: 6' MIN AT TIME OF PLANTING NUMBER OF ROWS: 1-2 SPACING: 16' O.C. Scale: N.T.S.5 PLAN VIEW Scale: N.T.S.4 PROFILE VIEW60-70' MATURE HEIGHT15-20' WIDE AT MATURITY TYPE : DOGWOOD SHRUB HEIGHT : 4' MIN AT TIME OF PLANTING NUMBER OF ROWS: 1 SPACING: 16' O.C. DOGWOOD SHRUB SCREENING2 Scale: N.T.S.15-20' MATURE HEIGHT8-12' WIDE AT MATURITY 1407035 SCALE: 1" = 70 N 1407035 SCALE: 1" = 70 N Scale: N.T.S.1 NORTH LOOKING SOUTH-EAST Scale: N.T.S.2 NORTH LOOKING SOUTH Scale: N.T.S.3 NORTH LOOKING SOUTH-WEST Scale: N.T.S.1 SOUTH LOOKING NORTH-WEST Scale: N.T.S.2 SOUTH LOOKING NORTH Scale: N.T.S.3 SOUTH LOOKING NORTH-EAST Scale: N.T.S.1 EAST LOOKING SOUTH-WEST Scale: N.T.S.2 EAST LOOKING WEST Scale: N.T.S.3 EAST LOOKING NORTH-WEST Scale: N.T.S.1 WEST LOOKING NORTH-EAST Scale: N.T.S.2 WEST LOOKING EAST Scale: N.T.S.3 WEST LOOKING SOUTH-EAST WLWLWLWLWLWLWLWLWLWLWLWLWLWLWLWLWLWLWLWLWLWLWLWLWLWLWLWLWLWLWLWLWLWLWLWLWLW L W L WL WL WL WL WL WL WL WL WL WL WL WL WL WL WL WL WL WL WL WLWLWLWLWLWLWLWLWLWLWLWLWLWLWLWLWLWLWLWLWLWLWL WL WL WLWLWLWLWLWLWLWLWLWLWLW L WL WLWLWL WL WLWLWL WL WLWLWL^924 920922923921919919 918918 916 916 917 916 914 915 917 918 91 891992 0 919918917 916918 916 916 91591 4915 915914924923>>918^^923924 92 3 921 92 0 9 2 0919918919918916915^^XXXX X X XX X X X X X X X X X X X XXXXXXXXXXXXXXXXXX24.05' (TYP.) 20' INTERNAL ACCESS ROAD EXISTING WETLAND (TYP.)EXISTING WETLAND EXISTING OVERHEAD POWER LINE VEGETATIVE BUFFER (DOGWOOD TREES) EXISTING WETLAND PROPOSED LAYDOWN AREA STORMWATER POND WITH 6" OUTLET PIPE SEE BASIN NOTES ON THIS SHEET PROPOSED DITCH 5' WIDE, 1' DEEP EXISTING WETLAND SILT FENCE DOUBLE SILT FENCE EMERGENCY OVERFLOW SEE BASIN NOTES ON THIS SHEET ±18" CMP INV = ±921 ±18" CMP INV = ±920.5 18" CMP INV = 923.5 18" CMP INV = 923.4 EXISTING 35.5' CULVERT EXISTING 42.3' CULVERT PROPOSED POWER LINE ROCK CONSTRUCTION ENTRANCE EQUIPMENT PADS TOP OF CONC. = 920.25' PROPOSED 36' - 18" CMP CULVERT INLET INVERT ELEV: 924.00' OUTLET INVERT ELEV: 923.75' EXISTING WETLAND EROSION CONTROL BLANKET SITE FENCE PROPOSED FEATURES EXISTING FEATURES LEGEND WL WL PROPERTY LINE NON-PARTICIPATING BOUNDARIES WETLAND (JURISDICTIONAL) OVERHEAD POWER EXISTING CULVERT MAJOR CONTOUR MINOR CONTOUR VEGETATIVE BUFFER - DOGWOOD AGGREGATE ROAD TEMPORARY AGGREGATE SURFACE PROPOSED OVERHEAD POWER LINE CHAIN LINK FENCE INFILTRATION BASIN OUTLINE ROCK CONSTRUCTION ENTRANCE RIPRAP EROSION CONTROL BLANKET GRADING EDGE MAJOR CONTOUR MINOR CONTOUR SWALE/DITCH CULVERT/PIPE SILT FENCE DOUBLE SILT FENCE X ^1.REQUIRED STORAGE, BASED ON RCWD RULE C AND MPCA CALCULATOR: 6629 CF 2.BASIN STORAGE: 9425 CF 3.TOP OF BERM ELEVATION: 919.50' 4.EMERGENCY OVERFLOW INVERT ELEVATION: 918.50' 5.EMERGENCY OVERFLOW WIDTH: 15' 6.OUTLET PIPE INFLOW INVERT ELEVATION: 917.25' 7.OUTLET PIPE OUTFLOW INVERT ELEVATION: 917.00' 8.OUTLET PIPE LENGTH: 38' 9.OUTLET PIPE DIAMETER: 6" 10.BASIN BOTTOM ELEVATION: 914.25' 11.100YR STORM HIGH WATER LEVEL ELEVATION: 918.65' BASIN NOTES >>>>^^^^2023-002 NGUYEN C-200 WASHINGTON COUNTY MINNESOTA SITE AND GRADING PLAN 2024.04.05 PL MK 1 2 0 60 120 IN FT DRAWING SCALES APPLY TO 22" x 34" SHEETS NORTH A B C D E 1 2 3 4 5 6 7 1 2 3 4 5 6 7 SHEET NUMBER DRAWN BY CHECKED BY DATE PROJECT # # DATE DESCRIPTION PROJECT CLIENT SCALE PROFESSIONAL CERTIFICATION LOCATION SHEET NAME SUBMITTAL © 2022 EVS, INC.PRELIMINARY NOT FORCONSTRUCTION OR PROCUREMENTEVS, INC. 10025 Valley View Road, Suite 140 Eden Prairie, Minnesota 55344 Phone: 952-646-0236 www.evs-eng.com CONDITIONAL USE PERMIT VERTICAL DATUM: NAVD88 1 Vegetation Installation and Management Plan for Nguyen Solar October 19, 2023 Revised March 2024 2 Table of Contents Site owner, location, vegetation professionals page 3 Overview of site conditions, landscape & restoration plan page 4 - 8 Site maps & site preparation page 9 - 10 Seed, seeding and screening page 11 Vegetation establishment, management procedures page 12 - 13 Seed mixes for site page 14 – 15 Floristic Study of September 2023 pages 16 - 37 3 Site Location & Name Nguyen PV Plant 149th St N at Everton Ave N Washington County MN Site Developer Enterprise Energy 2925 Dean Parkway, Suite 300 Minneapolis, MN 55416 Developer Contact Evan Carlson 612.470.7152 EvanC@Enterpriseenergy.com Vegetation Restoration Natural Resource Services, Inc 2885 Quail Road NE Sauk Rapids MN 56379 320.290.5363 and 16425 W. State Route 90 Princeville, IL 61559 4 Overview of Site Conditions & Restoration Plan Nguyen PV Plant The proposed Nguyen PV Plant is planned for 5.3 acres of land near Everton Avenue North in Washington County. The site will contain fixed tilt panels on 3.9 fenced acres. Existing site conditions are shown on the plan, Fig. A, page 5. Much of the site contains hydric soils and is currently not being used for crop production due to the seasonally wet conditions. The site includes Nessel loam along the northern portion with Bluffton and Webster loams across the remainder of the site, which is classified as Wet Loamy Lowland by the USDA soil survey. The site also includes scrubby non-native brush and aggressive non-native grass species, dominated by Reed Canary grass and smooth brome grass, mainly in the lowland areas. The parcel has an upland portion along the northern edge. This is the only area of the site that will require grading as noted on the grading map, Fig. E., page 10. No grading is planned within the array wetlands or lowlands. Once grading and smoothing have been completed, the disturbed sections and the non-wetland interior array area will be prepared and seeded as outlined on page eight. Only the disturbed areas and the upland areas of the site will be prepped and seeded including any areas where existing trees and shrubs have been removed. The wetland areas of the site will not have soil disturbance and will not be disked or harrowed but will be overseeded with a wetland mix and will transition directly into vegetation maintenance. The native species seeded here will aid in encouraging overall soil health, improving water filtration and limiting erosion across the array while providing forage for insects, song birds and game birds. Some existing tree and shrub removal is necessary to accommodate panel installation, and this is shown on the site plan, Fig. B, page seven. In the portions of the site outside of the array and panel area, care should be taken to only remove the non-native species. New trees and shrubs appropriate to this site’s moist soil types will be installed outside of the array to complete the screening where trees were removed. The Nguyen Conditional Use Permit Packet includes additional vegetation removal detail. The entire site should be closely mowed prior to construction to reduce the biomass and improve worker safety and access. The undesirable scrubby brush and trees inside the planned fencing should be mowed/brush hogged and treated with a specialized herbicide such as Garlon 4 or similar, prior to any construction. Anticipate several repeat treatments of these brushy areas for several years. Again, care should be taken to avoid removing or spaying native species in these areas. 5 Existing Conditions at Nguyen PV Fig A Landscape Plan: Vegetation to be Cleared Fig B. 6 Restoration Plan, Seeding and Screening There are two seed mixes planned for this site of 267,458 square feet: an Upland mix and Lowland mix. There is no sod planned for this site. The Upland mix is a hybrid of native grasses and sedges coupled with non-native grasses, clovers and fescue. These non-native species have been included specifically to compete with the non-native Reed Canary grass, brome grasses and woody species that are expected to persist, long term, in the lowland areas. The three clover species have also been included to add to the pollinator value of the site. The native grasses and sedges will improve the overall quality of the wetland. When construction is completed, or at a minimum reduced to only foot traffic, site prep and permanent seeding can begin. All grading must be completed and the site cleared of debris. This site contains wet areas that will require adaptive measures for site preparation, seeding and ongoing maintenance dependent on the conditions at the time. Care must be taken through the life of this array, including during site preparation, to avoid rutting and compaction. The Upland portions of the site should be mowed and allowed to green up and then sprayed using glyphosate and any additional specific herbicides necessary to eliminate perennial weeds. These areas should be allowed to stand undisturbed for a minimum of ten days before repeating these steps with a second mowing and spraying. Two herbicide treatments are recommended due to the type and volume of invasive grasses on this this site. If broadleaf vegetation is present a triclopyr herbicide will be added (Garlon 3A or similar). A broadleaf herbicide requires 30 days of undisturbed time, so adequate planning is necessary. Following the required activation time, these areas should be disked and harrowed if conditions allow. Areas inaccessible to equipment will be hand broadcast. A cover crop of oats or winter wheat, seasonally determined, should be included at the time of seeding. The wetland portions of the site should be sprayed with a grass selective, aquatically approved herbicide in the spring specifically targeting Reed Canary grass. The wetland areas will be overseeded with the Lowland Seed Mix at the same time the upland portion of the site is seeded. The wetland areas should immediately transition into Integrated Vegetation Maintenance including grass selective herbicide application in the spring, spot spraying or spot mowing of other weeds during the growing season, and hand wicking any hybrid cattails found on site. 7 Vegetative screening will utilize existing vegetation found on site where possible, with the addition of 1 tree species and 1 shrub species, Balsam fir, Abies balsamea and Red osier dogwood, Cornus sericea to complete the screening. While the Balsam fir is on the edge of its native range at this site, it is a moist-soil tolerant species that meets the site requirement of year-round view shed screening. Red Osier Dogwood is well suited to the moist conditions found on this site and should thrive here. The Balsam fir will be installed as 6’ tall B&B and the Red Osier Dogwood will be 4’ tall potted plants, all planted in rows with 16’ spacing on center. On the East and West sides of the site, a single row of Red Osier Dogwood will be planted, except where existing vegetation will remain as screening. On the North and South Sides, 2 rows will be planted in a staggered pattern, with one row being Balsam Fir and the other Red Osier Dogwood, with the exception of the wetland areas, where both rows will be Red Osier Dogwood as shown in Figure C, below. Any gap in new trees and shrubs, such as shown below in the lower left corner, indicates existing trees and screening will be preserved. The south side tree line will follow the wetland boundary, shown in the image below. The wetland transition areas will include new dogwood shrubs, such as what already exists on the site. Fig C Section of screening for Ngueyn. Balsam indicated by green, dogwood by purple Existing vegetation will be retained whenever possible. 8 Maintenance of this site will be important for success. Active management of all areas of the Nguyen PV Plant are similar: dry and wet areas of the site are inspected annually followed by maintenance necessary to encourage healthy growth. 1. During the germination year, the site will be mowed to control annual weed development. Optimum cutting height is typically 4 to 6 inches. The mowing should finely mulch the clippings to prevent smothering young plants. 2. In years following the first growing season, Integrated Vegetation Management (IVM) services are utilized to control annual, biennial and perennial weed species within the developing landscape. Typical IVM services include spot herbicide spraying, spot mowing, and herbicide wicking. 9 Proposed Nguyen Site Layout Fig D. Infiltration basin indicated with orange outline near the NW edge of the array. Array fence area indicated by yellow line. All areas within the fence, indicated by the yellow line above, will be prepped and/or seeded as described on page 4. The areas outside the fence where tree removal and soil disturbance occur will also be prepped and seeded. Anywhere that existing tree removal is necessary for site construction, replacement Balsam Fir trees and Red Osier dogwood shrubs will be installed outside the array fence to create site screening, with the exception of areas that include wetlands. Those areas will only be replanted with dogwood shrubs. 10 Site Grading Map Fig. E. Grading is limited to the northern side of the array. No grading is planned inside wetlands or lowlands. Site Preparation 1. Inspection of the project area to assess site conditions. Mow site and treat brushy areas with appropriate herbicide, as needed. Care should be taken to avoid compaction and rutting issues throughout the site. 2. Two vegetation herbicide applications will be completed using glyphosate (Round-up® or equivalent) as per manufacturer’s directions in areas with actively growing vegetation. Allow a minimum of 10 days before disturbing the soil or completing seeding activities. 3. Allow the site to regrow and produce leaf mass prior to the second herbicide treatment. 4. When perennial broadleaf vegetation is present a triclopyr herbicide will be added (Garlon 3A® or equivalent) as per manufacturer’s directions. When a broadleaf herbicide is used allow a minimum of 30 days before disturbing the site or completing seeding. 11 Seed, Seeding and Screening Installation 1. This site should not be mowed and/or driven on if very wet soil conditions to avoid rutting and compaction. Construction debris, garbage and building materials will be removed and/or staged outside the intended seeding areas. 2. Disk soil as conditions allow, within the project area in preparation for seeding. Harrow or rake the soil to achieve the proper seedbed. 3. Following disking, the site will be broadcast seeded using the lowland mix throughout most of the site and the upland mix for the drier areas. 4. A cover crop of winter wheat will be seeded along with the other seed if seeding occurs in September through freeze-up. A cover crop of oats would be used for late spring and summer seedings. 5. Harrowing will be completed as site conditions allow, after all planned seed mixes and cover crop seeding is completed. 6. Areas inaccessible to equipment will be hand seeded. 7. Seed tags must be retained and submitted to the local governing unit. 8. Tree screen installation will occur following completed seeding. Trees and shrubs will be watered in at time of installation. Total number of trees and shrubs will be determined after site has been prepared for construction and gaps in visual screening already on site can be determined. The Balsam fir will be 6’ tall B&B and the Red Osier Dogwood will be 4’ tall potted plants, all planted in rows with 16’ spacing on center and watered in during installation. On the East and West sides of the site, a single row of Red Osier Dogwood will be planted, except where existing vegetation will remain as screening. On the North and South Sides, 2 rows will be planted in a staggered pattern, with one row being Balsam Fir and the other Red Osier Dogwood, with the exception of the wetland areas, where both rows will be Red Osier Dogwood. 9. The watering plan includes additional watering trips once weekly for four trips or as needed based on local conditions. Trees will receive 3-4 gallons of water per trip, utilizing off-site water delivered by truck in a water tank and applied using a water pump and hose with a nozzle. 12 Recommended Vegetation Management Procedures Establishment Phase This site should not be mowed and/or driven on if very wet soil conditions exist at the time of the maintenance visit, to avoid rutting and compaction. Year 1: Complete site mowings to control annual/biennial weed canopy and prevent production of viable seed. Three mowing trips are typical depending on soils, weather patterns and planting dates. Due to the type of grasses found on Nguyen, three mowing trips in the first year are recommended to prevent panel shading and control weed growth. • Mowing to be done using specialized zero-radius mowers and/or flail mowers • Target mowing height of 4-6 inches. Year 2 • Complete site mowing to control annual/biennial weed canopy and prevent production of viable weed seed. • Two mowing trips likely along with the use of herbicides as necessary during both trips. • Mowing to be done using specialized zero-radius mowers and/or flail mowers. Year 3 • Integrated Vegetation Management using mowing and spot spraying depending on growth and weed populations. • Two trips likely in Year 3. Maintenance Phase Years 4 - 34: Integrated Vegetation Management • Two IVM site visits are typical depending on vegetation status. • Each visit will likely include mowing, spot herbicide applications and/or herbicide wicking. • Equipment used includes tractor and/or ATV mounted sprayers. • Include a complete site mowing once every 3 years to mulch up biomass and recycle nutrients. 13 Monitoring Consistent monitoring of the project is essential in order to evaluate vegetative establishment, weed presence and possible erosion concerns. This information helps determine which management technique to use, the proper timing of the implementation and whether or not any other remedial action is required. Adaptive management will need to be used on this site throughout the life of the array. Care should be taken to avoid maintenance visits immediately following heavy rainfalls and snowmelt, to avoid rutting and compaction. Additional Notes on Vegetation Management: • Vegetation management crews will control weed growth underneath the panels only where height is a concern. Mowing/trimming around every post is not necessary from a plant community health standpoint. • Utilizing herbicide to provide targeted control of unwanted species should only be completed by licensed applicators with a comprehensive knowledge of herbicides, application techniques and species morphology. Applying the correct herbicide with the proper application device at the correct period in the plant’s lifecycle is essential to successful control and to minimizing collateral damage. • Additional mowing or trimming may be needed if shading of the panels occurs, either by native or non-native vegetation. As a general rule, this type of mowing, if needed, should be limited to the areas immediately in front of the panel’s lower edge. • Permitting requirements include the condition that the applicant and/or project owner will complete a vegetation survey using the same methodology used for the attached report titled “Floristic Quality Assessment” and dated September 2023, and submit a report 2 years and 5 years post construction. 14 Nguyen PV Plant Upland Array Seed Mix Common Name Scientific Name % of Mix Seeds/ft2 Total Sideoats Grama Bouteloua curtipendula 10.86% 3.3 1.520 PLS lb Plains Oval Sedge Carex brevior 0.36% 0.5 0.050 PLS lb Troublesome Sedge Carex molesta 0.14% 0.2 0.020 PLS lb Brown Fox Sedge Carex vulpinoidea 2.14% 11.0 0.300 PLS lb Sheeps Fescue Festuca ovina 13.39% 22.7 1.875 Bulk lb Creeping Red Fescue Festuca rubra 13.39% 19.3 1.875 Bulk lb Chewings Fescue Festuca rubra 13.39% 19.3 1.875 Bulk lb Hard Fescue Festuca trachyphylla 13.39% 24.1 1.875 Bulk lb Path Rush Juncus tenuis 0.07% 3.7 0.010 PLS lb Little Bluestem Schizachyrium scoparium 14.29% 11.0 2.000 PLS lb Prairie Dropseed Sporobolus heterolepis 0.71% 0.6 0.100 PLS lb Alsike Clover Trifolium hybridum 5.36% 11.8 0.750 Bulk lb Red Clover Trifolium pratense 7.14% 6.2 1.000 Bulk lb White Clover Trifolium repens 5.36% 13.5 0.750 Bulk lb Seeding rate: 14 lbs/acre (147.4 seeds/sq foot) 15 Nguyen PV Plant Lowland, Wetland Array Seed Mix Common Name Scientific Name % of Mix Seeds/ft2 Grasses Virginia Wild Rye Elymus virginicus 18.33% 1.70 Bottlebrush Sedge Carex comosa 6.67% 4.41 Fringed Sedge Carex crinita 6.67% 3.38 Pointed-broom Sedge Carex scoparia 3.33% 6.17 Common Fox Sedge Carex stipata 3.33% 2.50 Brown Fox Sedge Carex vulpinoidea 3.33% 7.35 Fowl Manna Grass Glyceria striata 0.33% 1.18 Fowl Bluegrass Poa palustris 13.00% 37.25 Little Bluestem Schizachyrium scoparium 20.00% 6.61 Forbs Canada Anemone Anemone canadensis 1.51% 0.27 Calico Aster Symphyotrichum lateriflorum 0.90% 1.31 Canada Milkvetch Astragalus canadensis 3.09% 1.16 Nodding Bur Marigold Bidens cernua 0.75% 0.35 Southern Blue Flag Iris Iris virginica shrevei 1.51% 0.03 Great Blue Lobelia Lobelia siphilitica 1.20% 13.28 Monkey Flower Mimulus ringens 0.60% 30.54 Virginia Mountain Mint Pycnanthemum virginianum 1.51% 7.30 Black-eyed Susan Rudbeckia hirta 4.14% 8.40 Ohio Spiderwort Tradescantia ohiensis 3.77% 0.66 Golden Alexanders Zizia aurea 6.02% 1.46 Seeding rate: 6 lbs/acre (135.3 seeds per square foot) Floristic Quality Assessment Nguyen Project Washington County, Minnesota Prepared for: Enterprise Energy 2925 Dean Parkway Minneapolis, MN 55416 Prepared by: Area M Consulting, LLC Environmental Consultants 2023 Alameda Street Roseville, MN 55113 www.areamconsulting.com September 2023 AREAM Nguyen Project Floristic Quality Assessment September 2023 i AREAM TABLE OF CONTENTS INTRODUCTION ................................................................................................................................ 1 PROJECT DESCRIPTION ................................................................................................................... 1 METHODOLOGY ............................................................................................................................... 1 SITE CONDITIONS ............................................................................................................................. 2 RESULTS and RECOMMENDATIONS ............................................................................................. 3 REFERENCES ..................................................................................................................................... 5 TABLES Table 1. Comprehensive species list detected within Relevés during the survey ................................. 3 Table 2. Comprehensive floristic quality data ...................................................................................... 4 Table 3. Complete FQI calculations for each Relevé ........................................................................... 4 APPENDICES Appendix A. Maps Appendix B: Field Photos Appendix C: Relevé Data Sheets Nguyen Project Floristic Quality Assessment August 2023 1 AREAM INTRODUCTION Area M Consulting (Area M), on behalf of Enterprise Energy, LLC (Client), conducted a floristic quality assessment for the Nguyen Project, a proposed community solar garden (CSG), in Washington County, Minnesota. The Area M biologist conducted a vegetation survey within a potentially impacted wetland following the Releve method, followed by a floristic analysis of species based on a richness and cover class as outlined by the Minnesota Pollution Control Agency (MPCA) (Milburn, et al. 2007). This survey and floristic quality assessment were recommended by the Local Government Unit (the City of Hugo) to determine if the CSG design meets No-Loss criteria under the Wetland Conservation Act (WCA). PROJECT DESCRIPTION The Project, encompassing approximately 12.5 acres, is located 0.3 miles northwest of Hugo, MN in Section 18, T31N:R21W (Study Area) (Appendix A, Map 1). The Study Area encompasses an undeveloped landscape situated between residential development and bordered by pastureland on the north and south. The landform is gently rolling, containing several small rises and basins. A depressional swale bisects the Study Area, draining the landscape from west to east towards off-site residential ponds. The Study Area contains a mix of mesic prairie, upland prairie, and shrubland. The surrounding landscape is a mosaic of farmland, pastureland, woodlots, depressional wetlands, and infrastructure associated with Hugo. The entire Study Area is on private land. Five wetlands were delineated by Jacobson Environmental in May of 2022, and Notice of Decision (NOD) confirming wetland boundaries was issued by the LGU on October 31, 2022 (Jacobson Environmental, 2022). Of these wetlands, Wetland 2 and Wetland 5 will have I-beams supporting the solar array placed within them. METHODOLOGY Area M biologists conducted vegetation sampling within Wetland 2, the largest wetland and proposed location of the solar array, following the Relevé Method (MNDNR, 2012). Four total 20-meter by 20-meter Relevés were sampled within Wetland 2. Plot locations were placed within representative vegetation stands with uniform community composition as far from the wetland boundaries and ecotones within Wetland 2 (Appendix A, Map 2). Relevé locations were recorded by placing pin flags in one corner, and a pulling measuring tape along the diagonal 28.3 meters to mark the opposite corner. The remaining corners were located by pulling the tape 20 meters at a 90-degree angle until the plot was an approximate square. Each Relevé was then surveyed by Area M biologists, using meandering transects through the plot and recording each plant species encountered and its approximate Braun-Blanquet cover class code. Each Relevé was surveyed for approximately 20-30 minutes. After the data was collected, Area M conducted a Floristic Quality Assessment following the procedure outlined MPCA (Milburn, et al. 2007). This included summarizing a comprehensive Wetland 2 species richness list and calculating species richness for each Relevé. Coefficients of Conservation, index numbers (C-Value) representing species quality, were assigned to each species based on the MPCA species list (Appendix A of Milburn, et al. 2007). An average C-Value was calculated for Wetland 2 for native plants and all plants (C and Ci, respectively). Floristic Quality Indices were then calculated from C-Values and species richness for native plants and all plants (FQI and FQIi, respectively). Nguyen Project Floristic Quality Assessment August 2023 2 AREAM Additionally, weighted C-values and FQIs were calculated for each Relevé, based on Bruan-Blanquet cover class. Weighted values were not calculated for the comprehensive list due to overlapping species and cover classes. SITE CONDITIONS Area M biologists conducted the vegetation survey within the Study Area on September 15, 2023. Field conditions were wet due to recent rains and overcast. Wetland 2, occurring in the center of the Study Area, easily located in the field due to its distinct plant community consisting of a monoculture of reed canary grass (Phalaris arundinacea) surrounded by low grassland to the south and a more diverse mix of goldenrod (Solidago spp.), fleabane (Erigeron spp.), milkweed (Aeschylus syriaca), brome (Bromis inermis), and several other non-native species to the west and north. The western three-quarters of Wetland 2 were dominated by reed canary grass, whereas the eastern quarter of Wetland 2 contained a more diverse mix of shrubland species including sandbar willow (Salix interior), pussy willow (Salix discolor), quacking aspen (Populus tremuloides), and basswood (Tilia americana). There appeared to be a distinct topographic separation between the eastern and western portions of Wetland 2 (Appendix A, Map 3). Nguyen Project Floristic Quality Assessment August 2023 3 AREAM RESULTS AND RECOMMENDATIONS A total of 27 plant species were identified within all four Relevés during the survey (Table 1). This included 13 tree/shrub species, ten forb species, 3 graminoid species, and one vine species. This species list differed slightly from what was observed during the wetland delineation in 2022. Table 1. Comprehensive species list detected within Relevés during the survey Species Latin Name C-Value Growth Habit American elm Ulmus americana 3 Tree Annual fleabane Erigeron annus 0 Forb Quaking aspen Populus tremuloides 2 Tree Basswood Tilia americana 5 Tree Bebb’s willow Salix bebbiana 6 Tree/Shrub Black willow Salix nigra 4 Tree Box elder Acer negundo 1 Tree Buckthorn Rhamnus cathartica * Tree/Shrub Canadian horseweed Conyza canadensis 0 Forb Narrowleaf cattail Typha angustifolia * Forb Dandelion Taraxacum offinale * Forb Giant goldenrod Solidago gigantea 3 Forb Green ash Fraxinus pennsylvanica 2 Tree Ironwood Ostrya virginiana 4 Tree/Shrub Common milkweed Asclepias syriaca None listed Forb Prairie fleabane Erigeron strigosus 2 Forb Pussy willow Salix discolor 3 Tree/Shrub Red-osier dogwood Cornus sericea 3 Tree/Shrub Reed canary grass Phalaris arundinacea * Graminoid Sandbar willow Salix interior 2 Shrub/Tree Smooth brome Bromus inermis * Graminoid Spotted ladysthumb Polygonum persicaria * Forb Sweetclover Melilotus officinalis * Forb Tatarian honeysuckle Lonicera tatarica * Shrub Tussock sedge Carex stricta 5 Graminoid Virginia creeper Parthennocissus vitacea 2 Vine White avens Geum canadense 2 Forb Of the 27 plant species identified within the Relevés, 18 were native species and 9 were introduced (29.6%) introduced. Overall, Wetland 2 had a mean C-Value of 2.7 (for native plants) and Ci-Value of 1.9 (for all species) (Table 2). The corresponding FQI and FQIi values were 11.5 and 9.77, respectively. No rare plant species were identified during the survey. Nguyen Project Floristic Quality Assessment August 2023 4 AREAM Table 2. Comprehensive floristic quality data Date 9/15/2023 Index Value Community Type Fresh wet meadow S 19 Ecoregion Northcentral hardwoods Si 27 Growth Habit Count % introduced 29.6% Forb/Herb 10 C 2.7 Graminoid 3 Ci 1.9 Shrub 1 FQI 11.5 Tree 12 FQIi 9.7 Vine 1 # of rare species 0 Individual C, Ci, FQI, FQIi, and corresponding weighted scores were also calculated for each Relevé. Table 3. Complete FQI calculations for each Relevé Index Relevé 1 Relevé 2 Relevé 3 Relevé 4 S 7 5 6 14 Si 12 9 12 20 % introduced 41.6% 44.4% 50.0% 30.0% C 2.3 1.2 1.8 2.4 Ci 1.3 0.7 0.9 1.7 wC 2.8 2.2 0.9 2.9 wCi 0.5 0.5 0.5 1.8 FQI 6.1 4.9 4.9 9.0 FQIi 4.5 4.5 4.5 7.6 wFQI 7.4 7.1 7.1 10.9 wFQIi 1.7 1.5 1.7 8.0 # of rare species 0 0 0 0 Overall, the weighted FQI scores (without introduced species) were significantly higher than those of the weighted FQIi, non-weighted FQI, and non-weighted FQIi scores. This is because Wetland 2 was mostly dominated by large monocultures of non-native species including reed canary grass and narrow-leafed cattail (Typha angustifolia). Within Relevé 4, where there was a higher species richness and diversity index score (more equal cover of species), all index scores were substantially higher than those in the other Relevés. Overall, the total comprehensive FQI scores and individual Relevé FQI scores are low, indicating Wetland 2 is has a low-quality plant community and species assemblage. Nguyen Project Floristic Quality Assessment August 2023 5 AREAM REFERENCES Jacobson Environmental. Wetland Delineation Report – 2022-192 Everton Avenue N. 5820 Humboldt Avenue North, Brooklyn Center, MN 55430 Milburn, S. A., M. Bourdaghs, and J. J. Husveth. Floristic Quality Assessment for Minnesota Wetlands. Minnesota Pollution Control Agency, St. Paul, Minn. Minnesota Department of Natural Resources (MNDNR). 2012. Handbook for collecting vegetation plot data in Minnesota: the Relevé Method. 2nd Edition. St. Paul, Minnesota. AREAM Appendix A: Maps T32 R22W T32 R21W T31 R22W T31 R21W T30 R23W T30 R22W T30 R21W 7 8 9 10 7 81112 9 10 11 12 7 18 17 16 15 18 171413 16 1415 13 18 19 21 2220 23 19 2024 23 242122 19 30 29 28 27 26 25 30 2829 27 26 25 30 31 32 33 34 35 36 31 3635323334 31 6 5 4 3 2 1 6 5 4 3 2 1 6 7 8 9 10 11 12 7 8 9 10 11 12 7 18 17 16 15 14 13 18 1617 15 14 13 18 19 20 24 19212223 23222120 24 19 30 29 27 2628 25 2730 262928 25 30 31 32 33 34 35 36 31 3632353334 31 2 1 6 5 4 3 2 1 56 1243 12 7 1211127891011118910 1314131815171616151714141813 2423212220232420212422191923 Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS Map 1. Location MapNguyen ^_Project Location Study Area 1-Mile Buffer 5-Mile Buffer County Boundary Township Boundary Section Boundary ^_ Isanti Anoka Hennepin Wright Carver Chisago Dakota Sherburne Scott Washington Ramsey BentonMille Lacs Sibley Goodhue Sources: Esri, Garmin, USGS, NPS Washington County, MN 12.5 Acres S18 T31N:R21W 45.170408 Lat -93.005605 Long ² 0 5,200 10,4002,600 Feet AREAM 1:100,000 Wetland 3 Wetland 2 Wetland 5 Wetland 4 Wetland 1 Releve 4Releve 3 Releve 2 Releve 1 Source: Esri, Maxar, Earthstar Geographics, and the GIS User ² 0 130 26065Feet Map 2. Vegetation Sampling MapNguyen Study Area NHD Flowline NHD Waterbody NWI PWI Flowlline PWI Waterbody Floodway 100-Year Floodplain Washington County, MN AREAM Wetland 2 Wetland 1 Wetland 5 Wetland 4Wetland 3 9 1 8 9169 2 0922924 9149129269 2 8 9229 2 2 920918 922920 912 9 2 2 9 2 4 9189 1 4 916916 9 1 6 922918922926 918 924 924924 916924920 9 2 4 918 918924 9 1 4 918 920926926 914924924914 922920916 914 916 918 914914916918 918 916918 916 9 1 8 918918 918 9209 2 2 9 1 4 918 9 1 8 916 9 2 0 9229 2 2 9 2 4 9 1 6916922916920924924914 ² 0 130 26065Feet Map 3. Lidar Map Study Area Contour Interval Index (10-ft) Intermediate (2-ft) High Low AREAM Nguyen Washington County, MN AREAM Appendix B: Field Photographs AREAM Diagonal transect of Relevé 1, viewed to the northeast from the center of the plot Representative wetland vegetation within the vicinity of Relevé 1 AREAM Diagonal transect of Relevé 2, viewed to the southeast from the center of the plot Representative wetland vegetation within the vicinity of Relevé 2 AREAM Diagonal transect of Relevé 3, viewed to the northwest from the center of the plot Representative wetland vegetation within the vicinity of Relevé 3 AREAM Diagonal transect of Relevé 4, viewed to the west from the center of the plot Representative wetland vegetation within the vicinity of Relevé 4 AREAM Appendix C: Relevé Data Sheets EESolar 13,LLC Decommissioning Plan Enterprise Energy,LLC 2925 Dean Parkway,Executive Ste 300 Minneapolis,MN 55416 (612)470-7152 DECOMMISSIONING PLAN The Solar Garden consists of many recyclable materials,including glass,semiconductor material,steel,aluminum,copper,and plastics.When the Solar Garden reaches the end of its operational life,the component parts will be dismantled and recycled as described below.We have a lease contract with the property owner,which requires us to decommission and restore the site at our expense.The decommissioning plan would commence at the end of the lease term or in the event of twelve (12)months of non-operation.At the time of decommissioning, the Solar Garden components will be dismantled and removed using minimal impact construction equipment,and materials will be safely recycled or disposed of.EESolar 13,LLC will be responsible for all the decommissioning costs. REMOVAL PROCESS The decommissioning of the Solar Garden proceeds in the following reverse order of the installation: 1.The solar system will be disconnected from the utility power grid 2.PV modules will be disconnected and removed 3.Electrical cables will be removed and recycled off-site 4.PV module racking will be removed and recycled off-site 5.PV module support posts will be removed and recycled off-site 6.Electrical devices,including transformers and inverters,will be removed and recycled off-site 7.Concrete pads will be removed and recycled off-site 8.Fencing will be removed and recycled off-site 9.Reclaim soils in the access driveway and equipment pad areas by removing imported aggregate material and concrete foundations;replace with soils as needed The Solar Garden site may be converted to other uses in accordance with applicable land use regulations at the time of decommissioning.There are no permanent changes to the site,and it will be returned in terrific condition.This is one of the many great things about community solar gardens.If desired,the site.can return to productive farmland after the system is removed. DECOMMISSIONING CONSIDERATIONS We ask that the City of Hugo take note of 3 important considerations:1)a community solar garden is not a public nuisance,2)the resale and recycle value are expected to greatly offset the cost of decommissioning,and 3)the City of Hugo and taxpayers are not at risk. 1)Our modules do not contain hazardous materials and the Solar Garden is not connected to government utilities (water,sewer,etc.).The Solar Garden will be fenced and is sheltered from residences with existing screening.Additionally,almost all the land is permanent vegetation which improves erosion control,soil quality,and water quality.For these reasons,the Solar Garden,whether operational or non-operational,is not a public nuisance threat that would require government involvement in decommissioning or removal of the Solar Garden.Compare this to an abandoned home,barn,etc.that may regularly include hazardous materials and/or become a public nuisance. 2)Upon the end of the Solar Garden's life,the component parts may be resold and recycled. The aggregate value of the equipment is expected to greatly offset the cost of decommissioning and removal.Solar modules,for example,have power output warranties guaranteeing a minimum power output in Year 25 of at least 80%of Year 1.Since the value of solar panels is measured by their production of watts and the value of electricity,it is easy to calculate expected resale value.Even using extremely conservative assumptions,the value of the solar modules greatly offsets the cost of decommissioning.This does not factor in the recycle value of other raw materials like steel,copper,etc. 3)In the extremely unlikely,"worst-case"scenario where (1)the Solar Garden owner fails to decommission and neither our lender nor any power generation entities want the assets,and then (2)the landowner fails to decommission the Solar Garden (which the landowner would have the right to do under the Property lease),the City of Hugo would have its standard police powers to enforce decommissioning.If that process ultimately resulted in the City of Hugo gaining ownership of the property,the City of Hugo could sell the parcel which would absolutely exceed the decommissioning cost. DECOMMISSIONING FINANCIAL SURETIES Despite the considerations of 1)the Solar Garden is not a public nuisance,2)the resale and recycle value is expected to greatly offset the cost of decommissioning,and 3)City of Paynesville and taxpayers are not at risk,we are cognizant that City of Hugo will require the posting of a bond,letter of credit,or the establishment of an escrow account as a condition of issuing EESolar 13,LLC a Conditional Use Permit.Of course,City of Paynesville would be the beneficiary of any required security. We are offering a $35,000 bond for a decommissioning financial surety. This financial surety provides an extra layer of security that the Solar Garden site will be returned to the appropriate condition at the end of the Solar Garden's useful life or earlier, should the Solar Garden cease operations for a twelve-month period.City of Hugo will be the designated beneficiary of the fund and the landowner will be provided a copy of the document, thereby establishing the obligation before construction commences. INSURANCE INFORMATION EESolar 13,LLC will be required to meet insurance requirements under long-term contracts with several parties,including the site landowner,Xcel Energy and its Solar Garden lenders and investors.EESolar 13,LLC will be listed on a policy that includes: ➢Liability coverage that will include $1,000,000 in coverage against damage to rented property Excess liability coverage of an additional $1,000,000 per occurrence ➢Property coverage in an amount necessary to cover the value of the Solar Garden and up to one year of lost revenue in the event the project is destroyed and needs to be rebuilt. 1.0 DECOMMISSIONING PLAN 1.1 General EESolar 13,LLC is a proposed 1.4-megawatt direct current (MW-dc)or 1.0-megawatt alternating current (MW-ac)solar electric generating facility using ground-mounted photovoltaic panels located in the City of Hugo,Minnesota.The facility will be located in a fenced area of approximately 8.18 acres.The vast majority of the site is currently in agricultural use,most of it farmed in row crops.Following decommissioning of the facility,the land will be restored to its pre-construction condition to the extent practicable. The decommissioning plan (plan)presents the following provisions that are intended to ensure that facilities are properly removed after their useful life.The plan includes provisions for the complete removal of all structures,foundations,underground cables,transformers,inverters, foundations,and the restoration of soil and vegetation.The Contractors will comply with the requirements of all permits during the decommissioning process.Disposal of structures and foundations will comply with any applicable County Solid Waste regulations. 1.2 Decommissioning and Reclamation Solar projects typically have a life span of approximately 30-40 years,though some replacing or updating of equipment may occur during that time frame.The Owner will be responsible for the removal of all aboveground and underground equipment to full depth within the Project area at the end of the solar project life span.The Owner will restore and reclaim the site to pre-construction topography and topsoil to the extent practical. Decommissioning includes removing the solar panels,solar panel racking,steel foundation posts and beams,inverters,transformers,overhead and underground cables and lines, equipment pads and foundations,equipment cabinets,and ancillary equipment.The civil facilities,access road,security fence,and any drainage structures are also included in the scope.Standard decommissioning practices would be utilized,including dismantling and repurposing,salvaging/recycling,or disposing of the solar energy improvements. After all the equipment is removed,any holes or voids created by poles,concrete pads,and other equipment will be filled in with native soil to the surrounding grade and the site will be restored to pre-construction conditions,to the extent practicable.All access roads and other areas compacted by the equipment will be de-compacted to a depth necessary to ensure drainage of the soil and root penetration prior to fine grading and tilling to a farmable condition. 1.3 List of Decommissioning Activities 1.3.1 Timeline Decommissioning is estimated to take approximately 5-6 weeks to complete.The decommissioning crew(s)will ensure that all equipment and materials are recycled or disposed of properly. 1.3.2 Removal and Disposal of Site Components The removal and disposal details of the site components are found below. Modules:Modules will be inspected for physical damage,tested for functionality,and disconnected and removed from racking.Functioning modules will be packed,palletized,and shipped to an offsite facility for reuse or resale.Non-functioning modules will be shipped to the manufacturer or a third party for recycling or disposal. Racking:Racking and racking components will be disassembled and removed from the steel foundation posts,processed to an appropriate size,and sent to a metal recycling facility. Steel Foundation Posts:All structural foundation steel posts will be pulled out to full depth, removed,processed to an appropriate size,and shipped to a recycling facility.The posts can be removed using backhoes or similar equipment.During decommissioning,the area around the foundation posts may be compacted by equipment and,if compacted,the area will be de-compacted in a manner to adequately restore the topsoil and sub-grade material to a density consistent for vegetation. Overhead and Underground Cables and Lines:All underground cables and conduits will be removed to full depth in a way that will not impede the reintroduction of farming.Topsoil will be segregated and stockpiled for later use prior to any excavation and the subsurface soils will be staged next to the excavation.The subgrade will be compacted per standards.Topsoil will be redistributed across the disturbed area.Overhead lines will be removed from the project and taken to a recycling facility. Inverters,Transformers,and Ancillary Equipment:All electrical equipment will be disconnected and disassembled.All parts will be removed from the site and reconditioned and reused,sold as scrap,recycled,or disposed of appropriately,at the Owner's sole discretion,consistent with applicable regulations and industry standards. Equipment Foundation and Ancillary Foundations:The ancillary foundation for Slayton Solar are pile foundations for the equipment pads.As with the solar array steel foundation posts,the foundation Piles are typically removed full depth using a vibratory hammer mounted on a backhoe or similar type of equipment.During the excavation,the topsoil will be segregated from the subsoil,so that the soil can be replaced in the excavation and compacted to restore the pre-construction soil profile.Duct banks will be excavated to full depth.All unexcavated areas compacted by equipment used in decommissioning will be de-compacted in a manner to adequately restore the topsoil and sub-grade material to a density similar to the surrounding soils.All materials will be removed from the site and reconditioned and reused,sold as scrap, recycled,or disposed of appropriately,at the Owner's sole discretion,consistent with applicable regulations and industry standards. Fence:All fence parts and foundations will be removed from the site and reconditioned and reused,sold as scrap,recycled,or disposed of appropriately,at the Owner's sole discretion, consistent with applicable regulations and industry standards.The surrounding areas will be restored to pre-solar farm conditions to the extent feasible. Access Roads:Facility access roads will be used for decommissioning purposes,after which removal of roads will be discussed with the Landowner,using the following process: 1)After final clean-up,access roads may be left intact through mutual agreement of the landowner and the Owner. 2)If a road is to be removed,aggregate will be removed and shipped from the site to be reused,sold,or disposed of appropriately,at the Owner's sole discretion,consistent with applicable regulations and industry standards.Clean aggregate can often be used as "daily cover"at landfills for no disposal cost.All internal service roads are constructed with geotextile fabric and eight inches of aggregate over compacted subgrade.Any ditch crossing connecting access roads to public roads will be removed unless the landowner requests it remains.The subgrade will be de-compacted using a chisel plow or other appropriate subsoiling equipment. All rocks larger than four inches will be removed.The access roads and adjacent areas that are compacted by the equipment will be de-compacted. 1.3.3 Restoration/Reclamation of Site The Owner will restore and reclaim the site to the pre-solar farm condition to the extent practical consistent with the site lease agreement.The Owner assumes that most of the site will be returned to farmland and/or pasture after decommissioning and will implement appropriate measures to facilitate such uses.If no specific use is identified,the Owner will vegetate the site with a seed mix approved by the local soil and water conservation district or similar agency.The goal of restoration will be to restore natural hydrology and plant communities to the extent practicable while minimizing new disturbance and removal of native vegetation.The decommissioning effort will implement best management practices (BMPs)to minimize erosion and to contain sediment on the Project to the extent practicable with the intent of meeting this goal include: 1.Minimize new disturbance and removal of native vegetation to the greatest extent practicable. 2.Remove solar equipment and all access roads up to full depth,backfill with subgrade material and cover with suitable topsoil to allow adequate root penetration for plants,and so that subsurface structures do not substantially disrupt groundwater movements. 3.Any topsoil that is removed from the surface for decommissioning will be stockpiled to be reused when restoring plant communities.Once decommissioning activity is complete,topsoil will be re-spread to assist in establishing and maintaining plant communities. 4.Stabilize soils and return them to agricultural use according to the lease agreements. 5.Prior to and after decommissioning activities,install erosion and sediment control measures, such as silt fences,bio-rolls,and ditch checks in all disturbance areas where the potential for erosion and sediment transport exists,consistent with stormwater management objectives and requirements. Decommissioning and restoration activities at each site will be completed within 5-6 weeks after the solar energy farm is considered a discontinued use. 1.4 Post-Restoration Monitoring Decommissioning of the site will comply with permits for the National Pollutant Discharge Elimination System/State Disposal System (NPDES/SDS)Construction Storm Water (CSW) Permit,Spill Containment,and Countermeasure (SPCC)Plan,and Storm Water Pollution Prevention Plan (SWPPP),if grading activities are necessary and exceed applicable permit thresholds.Decommissioning may include post-restoration monitoring as required by the NPDES/SDS CSW Permit and SWPPP and other applicable requirements. Decommissioning Costs Table Project Name: EESolar 13, LLC Date: August, 2023 Project Size 1.49 MW-DC | 1.00 MW-AC Quantity Unit Unit Price Line Item Price Mobilization/Demobilization 1 Lump Sum $10,768 $10,768 Mobilization was estimated to be approximately 7% of total cost of other items. This number was developed from speaking with contractors. Permitting State Permits 1 Lump Sum $10,000 $10,000 Subtotal Permitting $10,000 Decommissioning will require a SWPPP and SPCC plan, cost is an estimate of the permit preparation cost. Civil Infrastructure Removal Gravel Surfacing from Road 122 Cubic Yards $2.59 $315.98 Haul Gravel Removed from Road 122 Cubic Yards $5.44 $663.68 Disposal of Gravel Removal from Road 182 Tons $0.00 $0.00 Removal Geotextile Fabric from Road Area 549 Square Yards $1.40 $768.60 Haul Geotech Fabric Removed from Beneath Access Roads 0.15 Tons $3.99 $0.60 Disposal of Geotech Fabric Removed from Beneath Access Roads 0.15 Tons $81.00 $12.26 Removal Culvert from Beneath Road 1 Each $1,200.00 $1,200.00 Haul Culvert Removed from Road 1 Each $3.99 $3.99 Disposal of Culverts 1 Each $24.30 $24.30 Grade Road Corridor (Re-spread Topsoil)309 Linear Feet $1.59 $491.31 Erosion and Sediment Control for Road Restoration 253 Linear Feet $3.29 $832.37 Till to Farmable Condition 0.12 Acres $402.87 $48.34 Removal of Security Fence 2,620 Linear Feet $12.43 $32,566.60 Subtotal Civil Infrastructure $36,928.04 Structural Infrastructure Removal Steel Foundation Posts (Arrays, Equipment, Met Towers)630 Each $13.38 $8,429.40 Haul Tracker Steel Post 46.8 Tons $10.24 $479.23 Removal Fixed Tilt Racking 105 Each $20.00 $2,100.00 Haul Fixed Tilt Racking 40 Ton $10.24 $409.60 Subtotal Structural Infrastructure $11,418.23 Steel removal costs were calculated by using information from array manufacturers for installation rates and using the same rates to calculate total days to remove equipment. Hauling calculations are based on the locations of metals recyclers. Electrical Collection/Transmission System Removal of PV Modules 2,730 Each $5.27 $14,387.10 Haul PV Modules for Disposal 71 Tons $3.99 $281.56 Disposal of PV Modules 71 Tons $81.00 $5,715.94 Removal of Inverters 10 Each $48.00 $480.00 Removal of PCU Station (lnverters/Panelboard/Transformer)1 Each $4,000.00 $4,000.00 Haul PCU Equipment to Recycler 1 Each $230.50 $230.50 Remove Equipment Pad and Foundations 1 Each $784.49 $784.49 Haul Concrete Foundations 10 Tons $3.99 $39.90 Disposal of Concrete from Transformer Foundation 10 Tons $81.00 $810.00 Remove, Haul, and Dispose of Timber Transmission Poles 3 Each $1,000.00 $3,000.00 Remove and Haul MV Power Cables 200 Linear Feet $18.14 $3,628.00 Removal of DC Collector System Cables (copper)1 Per MW $1,950.00 $1,950.00 Removal of Underground (AC) Cables 260 Linear Foot $2.70 $702.00 Load and Haul Cables for Recycling 2.5 Ton $8.25 $20.63 Subtotal Electrical Collection/Transmission System $36,030.12 Electrical removal costs of PV Modules and Combiner Boxes were based on industry standards for installation rates of a two man work crew. PCU Station, MV Equipment and Scada Equipment removal cost are based on removal of equipment, concrete pads, and conduits using a truck mounted crane and contractor provided information on installation rates. Cable removal assumed using trenching, standard industry production rates. Site Restoration Stabilized Construction Entrance 1 Each $2,000.00 $2,000.00 Perimeter Controls 2,613 Linear Feet $3.29 $8,596.77 Till to farmable condition at array areas and basin 5.5 Acres $150.48 $827.64 Clearing and grubbing for Trees 0.44 Acres $7,259.43 $3,194.15 Remove Sedimentation Basin 1 Each $2,332.60 $2,332.60 Subtotal Site Restoration $16,951.16 Site restoration costs are based on past solar project experience. Project Management Project Manager - half time 5 Weeks $1,900.00 $9,500.00 Superintendent 5 Weeks $3,525.00 $17,625.00 Field Engineer 5 Weeks $2,325.00 $11,625.00 Clerk 5 Weeks $750.00 $3,750.00 Subtotal Project Management $42,500.00 Standard industry weekly rates from RS Means. 2 week schedule used Subtotal Demolition/Removals $164,595.48 Contingency (10%)$16,459.55 Total Demolition/Removals $181,055.02 Salvage Fencing 14 Tons $348.75 $4,882.50 Steel Posts 46.8 Tons $348.75 $16,321.50 Module Racking 71 Tons $348.75 $24,610.29 PV Modules 2,730 Each $32.76 $89,434.80 Inverters and Transformers 1 Each $8,904.18 $8,904.18 Scada Equipment 1 Each $1,000.00 $1,000.00 DC Collection Lines 5,000 Pounds $0.75 $3,750.00 AC Collection Lines 390 Pounds $0.38 $148.20 Salvage values are a combination of the following factors; current market metal salvage prices, current secondary market for solar panel module recycling, discussions with national companies that specialize in recycling and reselling electrical transformers and inverters, and the assumption that care is taken to prevent any damage or breakage of equipment. Subtotal Salvage $149,051.47 Net Demolition Minus Salvage $32,003.56 Notes: 1. Prices used in analysis are estimated based on research of current average costs and salvage values. 2. Prices provided are estimates and may fluctuate over the life of the project. 3. Contractor means and methods may vary and price will be affected by these. Decommissioning Assumptions To develop a cost estimate for the decommissioning of the Project,the following assumptions and pricing references were utilized.Costs were estimated based on current pricing, technology,and regulatory requirements.The assumptions are listed in order from top to bottom of the estimate spreadsheet. 1.The projected life of the Project is 25-35 years. 2.Decommissioning will utilize a full-time Project Manager or support staff. 3.Common labor will be used for most of the tasks except for heavy equipment operation. 4.Mobilization was estimated at approximately 7%of the total cost of other items. 5.Permit applications required include the preparation of a Storm Water Pollution Protection Plan (SWPPP)and a Spill Prevention Control and Countermeasure (SPCC)Plan. 6.Road gravel removal was estimated on a time and material basis using a 16-foot width and an 8-inch thickness for the access roads.Because the material will not remain on-site,a hauling cost is added to the removal cost.Road aggregate can often be disposed of by giving to landowners for use on driveways and parking areas.Many landfills will accept clean aggregate for use as "daily cover"and do not charge for the disposal. 7.Grade Road Corridor reflects the cost of mobilizing and operating light equipment to spread and smooth the topsoil stockpiled on-site to replace the aggregate removed from the road. 8.Erosion and sediment control along roads reflect the cost of silt fence on the downhill side of the roads and surrounding all on-site wetlands. 9.In most cases,topsoil is required to be stockpiled on the Project site during construction, therefore any such stockpiled topsoil can be used to replace the road aggregate,once removed.This will help in eliminating the costs for any borrowed landfill.Tilling to an agriculture-ready condition is estimated at $402.87 per acre (based on DOT bid prices for Soil Bed Preparation).The majority of the Project area is assumed to be tilled to an agriculture-ready condition.Because decommissioning activities are not expected to eliminate the grasses and vegetation under the arrays or heavily compact the soils the restoration effort is expected to be limited.Array areas left as pasture will require little restoration effort because the arrays will have been planted with native plants and pollinator seed mixes.As a result,the soils will have been rejuvenated by having been removed from intensive farming. 10.Fence removal includes loading,hauling,and recycling or disposal.The fence and posts weigh approximately 10 pounds per foot. 11.Array support posts are generally lightweight "I"beam sections installed deep into the ground.Crew productivity is approximately 30 posts per hour,and the same crew and equipment should have similar productivity removing the posts,resulting in a per ton cost of approximately $13.38.When salvage values have not been recognized the costs for processing metal to size and the hauling cost to a more distant recycling facility are generally not included, but the minimum decommissioning financial security controls by such a large margin that the lower price for removals and freight are not shown. 12.The underground collector system cables are placed in trenches with a minimum of four feet of cover. 13.To reduce tracking of sediment off-site by trucks removing materials,we have included a stabilized construction entrance price to the “Site Restoration”section based on state DOT bid prices for similar items. 14.Perimeter control pricing is based on a sediment fence placed on the downgrade side of the work area perimeters and protecting wetlands and drainage swales within the project area. 15.No topsoil will be removed from the landowner's property or used on other landowner's property during decommissioning.The majority of the Project site is not anticipated to have been compacted by heavy truck or equipment traffic so no topsoil will need to be imported, and very few areas will need to be de-compacted. 1 April 30, 2024 Dear Mayor and City Council, We, the residents of Everton Ave. N, are reaching out to you regarding the proposed Enterprise Energy Site Plan and IUP Request to build a solar farm in the middle of our small neighborhood. At the Planning Commission meeting of Thursday, April 11, 2024, City Planner, Rachel Juba, gave her support of this project, stating “The proposed solar farm is compatible with the present character of the surrounding area.” Although several residents of the neighborhood stated their disagreement and concerns about the project, the Planning Commission approved the project and forwarded it to the City Council for your review. The proposal is to build a solar farm on the one and only open 12-acre parcel on the East side of the 15000 block of Everton Ave N. This neighborhood consists of 10 parcels, approximately 10- 16 acres each. The only parcel currently without a home on it, is the 12-acre parcel identified in the proposal. We respectfully ask for your thoughtful consideration, as this project is clearly not at all compatible with the present character of our neighborhood and the surrounding area, including the high and medium density townhomes that buffer the South, East and North sides of our neighborhood lots, with a view of the proposed building site. Flanking the North side of the proposed solar farm project is a 12-acre hobby farm owned by Leroy & Mary Peltier. The Peltiers built their home here in the early 1970’s and raised their children here. In addition to raising their children and now grandchildren here, the Peltiers have tended to their livestock, as well as their many flower and vegetable gardens. Currently they have two horses, Bullet and Al, who freely roam their open pasture. The proposed solar farm would abut the entire South side of this picturesque hobby farm property. Flanking the South side of the proposed solar farm is a 10-acre hobby farm owned by Laura Syring. Laura purchased her property in the Summer of 2003, and was the “New kid on the block” in this established and close-knit neighborhood for many years. In addition to her full- time career, Laura has volunteered with several animal rescue organizations over the years, and her little hobby farm has become the forever home for dozens of abused and neglected farm and domestic animals. The rescued animals have included many breeds of horses, mini horses, goats, chickens, ducks, a guinea hen, a peacock, dogs, cats, and more. The farm is currently home to 6 horses, 2 mini horses, 1 pony, 5 chickens, 3 dogs and 2 cats. The proposed solar farm would abut the entire North side of this picturesque animal sanctuary property as well. The project proposal states the solar panels will be approximately 10 feet tall and shall not exceed 15 feet in height when at maximum tilt. The proposal also states the solar panels will be permanently fixed to the South. Although the setback requirements of the proposal will be met according to City Code (100 feet from all property lines, 200 feet from any principal structure 2 on any adjacent properties, and 200 feet from all public road rights of way), City Code, Sec.90- 38. – Variances, (c) Findings required for approval, c. Character of neighborhood states “The variance, if granted, will not alter the essential character of the neighborhood.” Section (3) Spirit and intent, goes on stating “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.” According to the City’s 2040 Comprehensive Plan, the properties in our neighborhood remain classified as agricultural. Our agricultural “Hole in the donut” neighborhood has withstood the test of time by keeping its residential, rural, and agricultural integrity, as high-density development has taken place around us over the past 25 years. This alone, makes the Everton Ave. N neighborhood a highly unique and special place. Our recently new neighbors and long-time Hugo residents, Paul & Linda Holman, built their dream home on the second to last open lot on our block, just a few years ago. They were drawn to our neighborhood not only because of the 16-acre parcel of land, but because of the “Country within the city feel.” Our newest neighbors are Ryan and Janelle Johnson, and Nick Holm. Both Ryan and Janelle, and Nick, have purchased homes previously owned by some of our elderly neighbors of many decades, who have moved away. The Johnsons and Mr. Holm continue to work tirelessly, to breathe new life into rejuvenating their properties. Long-time, 30+ year members of our neighborhood, John & Robin Udstuen, and Arnie Triemert, have also raised their families on this block. The Udstuen’s operate their small businesses from their property, while Mr. Triemert is peacefully enjoying his retirement on his property. The view out Mr. Triemert’s living room window, would become a direct view of the proposed solar farm directly across the street. Our long-time neighbor, Mike Happ, has planted an orchard full of apple trees, and he tends to several honeybee hives on his property, while neighbors Ben & Cynthia Krull are busy raising their family here as well. In addition to raising our families, and tending to our gardens and farm animals, our little country in the city rural neighborhood, serves as a haven for an abundant amount of wildlife, including deer, foxes, coyotes, possums, turkeys, squirrels, rabbits, sandhill cranes, blue herons, Canadian geese, mallard ducks, eagles, hawks, owls and other raptors, an extraordinary variety of songbirds, frogs, and even an occasional black bear passes through our horse pastures and the land of the proposed solar farm. In addition to destroying the aesthetic and rural charm of this special neighborhood, the security fencing of the proposed solar farm would cause significant hardship for the wildlife, by interrupting the natural corridor and habitat they are currently so fortunate to have and use 3 every day. With our adjacent properties, the many species of wildlife are free to roam, unencumbered, throughout our neighborhood. Additionally, even if the power lines for this solar farm proposed project were to be buried, at least 3 exceptionally large commercial-type power poles would be placed on the Everton Ave N boulevard of the project site. These exceptionally large poles would be much larger than the existing power line poles on Everton Ave N now, creating another significant aesthetic detraction from the neighborhood. Not only do we call our neighborhood home, but many residents of the Waters Edge Community do as well. The Waters Edge development is adjacent on the North, East, and South sides of the properties of the Peltiers, the current proposed project solar project site, Ms. Syring’s property, and the Holman’s property. Many of the Waters Edge residents have stopped to visit with the Peltiers and Ms. Syring over the years, while walking with and without their dogs down on our dead-end street. They regularly tell us how much they appreciate watching our horses (and the deer) grazing quietly in our pastures, and for some, the view of our hobby farms was the reason they purchased their homes here. Our Everton Ave N neighborhood has evolved over the past 60+ years. We look out for one another and do our best to be good neighbors and community members. Every person who lives here is grateful for this very special rural, yet city space. We aren’t making a complaint against solar farms in general. We are, however, asking for your agreement and support in determining this solar project, is absolutely “Not compatible with the present character of the surrounding area.” Please consider visiting us for a tour of our neighborhood and the adjacent properties nearest the proposed building site. We would love to share our perspective with you from our homes and land. We would be happy to accompany you on a tour individually, or as a group, to provide you with the opportunity to visualize, from our perspective, the harm this project would cause to our neighborhood. To set up an appointment for a tour at any time of your convenience before the upcoming May 6th City Council Meeting, please contact: Laura Syring, 651-247-2976, or John Udstuen, 651-653-2006. Thank you for your time. We look forward to hearing from you. 4 Sincerely, Laura Syring, 15149 Everton Ave N Leroy & Mary Peltier, 15257 Everton Ave N Ben & Cynthia Krull, 15350 Everton Ave N Mike Happ, 15292 Everton Ave N Arnie Triemert, 15220 Everton Ave N John & Robin Udstuen, 15190 Everton Ave N Ryan & Janelle Johnson, 15128 Everton Ave N Nick Holm, 15040 Everton Ave N Paul & Linda Holman, 15121 Everton Ave N RESOLUTION 2024-XX APPROVING FINDINGS OF FACT DENYING A SITE PLAN AND INTERIM USE PERMIT FOR A SOLAR FARM ON PROPERTY LOCATED EAST OF EVERTON AVENUE NORTH AND NORTH OF 149TH STREET NORTH WHEREAS, EESolar13, LLC. has requested approval of a Site Plan and Interim Use Permit (IUP) to allow for a solar farm on the property legally described as follows: See Attached WHEREAS, the Planning Commission has reviewed the application at a duly called public hearing and recommended approval, and; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, that it should and hereby does deny the request by EESolar13, LLC, for an interim use permit to allow for a solar farm, based on the following findings: 1. The solar farm consists of the following structures and equipment: A solar array made of silicon-based solar panels connected to steel I-beams which are embedded into the ground a minimum of nine feet in depth, a galvanized chain- link fence with posts embedded in concrete, a 200 square foot equipment pad with an electrical transformer, equipment rack, and utility meters, and a 4,400 square foot gravel access driveway. The solar panel array encompasses 5 acres of the 12- acre parcel. 2. The lot area upon which the solar farm is proposed is a narrow lot of agricultural property that has been zoned Agricultural (AG). The area was incorporated in to the MUSA in the comprehensive plan written in 1998, and later removed from the MUSA in a 2006 Comprehensive Plan Amendment because of a stated desire of the city council and residents to preserve the area as large lot residential with the uses typical of such areas including light agricultural characteristics such as animal husbandry and small garden plots. It is not an agricultural area that is surrounded, by and large, by other large-scale residential parcels or forestry uses as may be the case in connection with properties in other, non-isolated agricultural districts. The neighborhood, thus, includes not just agricultural parcels (albeit smaller ones) but also extensive residential development, especially to its immediate east and north. 3. The specific parcel proposed for the solar farm is unique in that it was specifically reserved, along with a handful of others to remain an agricultural enclave surrounded, however, by more urbanized, and denser development. Thus, although it is zoned agricultural and outside of the MUSA it is immediately adjacent to high density residential development and more urbanized parcels than would be the case if it was contiguous to multiple agricultural parcels as is typical elsewhere in the City. Resolution 2024-XX Page 2 4. This neighborhood is also the only area of the city that is zoned AG but has the land use designation in the current Comprehensive Plan of Large Lot Residential (LL). The lot development is consistent with large lot residential. 5. The parcel which would receive the solar has high to medium density residential units immediately abutting it to its east. In fact, the density of those residences is approximately 4.5 units per acre and they are within the Water’s Edge South Planned Unit Development, which has an underlying zoning of Low Density Multiple Family Residential (R-4). The parcel would be visible from approximately 64 townhomes. These structures are 2.5-3 stories high and will have direct exposure to the solar farm apparatus. To its north lies a large residential lot with open field which abuts more multifamily and single-family housing. 6. The City has fashioned its ordinance to allow, with discretion, solar farms in agricultural areas so that their visibility from neighboring structures is limited and their visual impacts can be minimized through by distance, screening and limited population impact. As agricultural parcels in the City appear, this one is the one most surrounded by residential and urban uses which have not been chosen for receipt of solar farms over the preference, instead, to isolate them. 7. While the neighborhood does include agriculturally zoned properties they have a guided land use of large lot residential and the site is adjacent to parcels with a guided land use of medium density residential. 8. The solar farm is not compatible with the present character of the surrounding area. There is an unusual concentration of homes in the area which would expose the facility to more viewsheds than what is typical in the Agricultural (AG) zoning district. This neighborhood is the smallest contiguous area of agriculturally zoned property within the City, and the parcel is unique in its proximity to high density residential properties and associated sightlines. The concentration of homes and high frequency of sightlines oriented in the direction of the facility make it more conspicuous than would be the case in a purely agricultural district where homes are distant and land buffers larger. 9. The City Council concludes that the introduction of a solar farm of this size, in this configuration and on this lot would negatively alter the essential character of the neighborhood by, without limitation, introducing solar arrays and related equipment adjacent to high density housing, by placing it on large lot residential uses which are a lesser agricultural use than is seen on large AG parcels, by introducing an exclusively nonresidential structure into an area surrounded by residential structure and by rendering it conspicuously visible from the homes and land area to the east. 10. There is no comparable use in this area that would allow the use to be said to be compatible with the structures and development patterns of the area which now exist. Given the configuration and height of the homes to the east, there is little that can be done to completely screen the solar arrays. This is also a result of the orientation of the lots in this neighborhood (ie; horizontally oriented and narrow rather than square and wide). Resolution 2024-XX Page 3 ADOPTED by the City Council this 6th day of May, 2024. ____________________________ Tom Weidt, Mayor ATTEST: __________________________________ Michele Lindau, City Clerk 15/2/2024 1:40 PMSu Mo Tu We Th Fr Sa123456789101112 13 14 15 16 17 1819 20 21 22 23 24 2526 27 28 29 30 31May 2024Su Mo Tu We Th Fr Sa1234567891011121314151617 18 19 20 21 2223 24 25 26 27 28 2930June 2024May 2024Apr 282930May 12348:00am Spring Cleanup5678910117:00pm City Council8:00am Shred-It (City Hall Parking Lot)6:30pm BOZA7:00pm Planning Comm121314151617187:00pm Parks Comm7:00pm Diamond Pt Pk Meeting (Pede Pedersen Pavilion) - 192021222324256:00pm Admin Performance Review7:00pm City Council12:00pm Nystrom Ribbon Cutting (4638 Victor Path, Suite 900)5:30pm EDA6:30pm Hist Comm6:30pm BOZA7:00pm Planning Comm262728293031Jun 1Memorial DaySUNDAYMONDAYTUESDAYWEDNESDAYTHURSDAYFRIDAYSATURDAY 25/2/2024 1:40 PM123456789011121314115161718192021222324252627282930June 2024Su Mo Tu We Th Fr Sa12345678910111213141516171819202122232425262728293031July 2024Su Mo Tu We Th Fr SaJune 2024May 262728293031Jun 123456787:00pm City CouncilGood Neighbor Days9101112131415Good Neighbor Days6:30pm BOZA7:00pm Planning Comm161718192021227:00pm City Council5:30pm EDA6:30pm Hist CommJuneteenth7:00pm Parks Comm232425262728296:30pm BOZA7:00pm Planning Comm30Jul 123456SUNDAYMONDAYTUESDAYWEDNESDAYTHURSDAYFRIDAYSATURDAY