HomeMy WebLinkAbout2024.06.17 CC Packet
A. CALL TO ORDER
B. ROLL CALL
C. PLEDGE OF ALLEGIANCE
D. APPROVAL OF MINUTES
1. June 3, 2024, Executive Session – Admin Review
2. June 3, 2024, City Council Meeting
3. June 3, 2024, Executive Session – White Bear Lake Lawsuit
4. June 8, 2024, Premier Bank Open House
5. June 11, 2024, Premier Bank Grand Opening
E. APPROVAL OF AGENDA
F. APPOINTMENTS/PRESENTATIONS
1. Swearing in of Firefighter of Brian Kindelberger as Lieutenant on the Hugo Fire
Department
2. Swearing in of Firefighters Darek Albertson as Engineer on the Hugo Fire Department
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.
11.. Approve Claims Roster
22.. Approve Salary Adjustment for City Administrator Bryan Bear
33.. Approve Resignation of Emily McGinnity from the Parks Commission
44.. Approve Resolution Approving Encroachment Agreement for 5383 Ferrara Avenue
North
55.. Approve Pay Request No. 1 to Dresel Contracting for 125th Street/Dellwood Ridge
Street Project
66.. Approve Reduction in Letter of Credit for Oneka Prairie
77.. Approve Temporary Liquor License for the Hopkins School House and Preservation
Committee for Fundraiser on September 14, 2024
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, June 17, 2024
Address:
14669 Fitzgerald Ave. N.
Hugo, MN 55038
Phone:
651-762-6300
Website:
www.ci.hugo.mn.us
H. PUBLIC HEARING
1. Nothing Scheduled
I. UNFINISHED BUSINESS
1. Discussion on Solar Ordinance
J. NEW BUSINESS
1. Nothing Scheduled
K. VISITOR PRESENTATIONS
1. Nothing Scheduled
L. COUNCIL PRESENTATIONS
1. Nothing Scheduled
M. ADMINISTRATIVE PRESENTATIONS
1. Bill the Juggler at Lions Volunteer Park on Friday, July 12, 2024
N. ADJOURNMENT
BACKGROUND MEMO FOR THE CITY COUNCIL MEETING ON JUNE 17, 2024
D.1 Approval of Minutes for the June 3, 2024, Executive Session – Administrator’s Review
D.2 Approval of Minutes for the June 3, 2024, City Council Meeting
D.3 Approval of Minutes for the June 3, 2024, Executive Session – White Bear Lake Lawsuit
D.4 Approval of Minutes for the June 8, 2024, Premier Bank Open House
D.5 Approval of Minutes for the June 11, 2024, Premier Bank Grand Opening
Staff recommends Council approve the above minutes as presented.
F.1 Swearing in of Firefighter of Brian Kindelberger as Lieutenant on the Hugo Fire
Department
At its June 3, 2024, meeting, the Hugo City Council approved the promotion of Brian
Kindelberger to Lieutenant on the Hugo Fire Department. Brian has served as a firefighter since
December 2013 and as s Lieutenant from March 2018 until he stepped down in August 2022 to
attend nursing school. After completing school, he wanted to take on a leadership role in the
department once again. Fire Chief Jim Compton will swear in Brian Kindelberger as a
Lieutenant on the Hugo Fire Department.
F.2 Swearing in of Firefighters Darek Albertson as Engineer on the Hugo Fire Department
At its June 3, 2024, meeting, the Hugo City Council approved the promotion Darek Albertson to
Engineer on the Hugo Fire Department. Darek has served as a firefighter since December 2021
and has completed fire and EMS schooling and has also taken advanced training to help fill a
need within the department. Fire Chief Jim Compton will swear Darek Albertson as Engineer on
the Hugo Fire Department.
G. 1 Approve Claims Roster
Staff recommends Council approve the Claims Roster as presented.
G.2 Approve Salary Adjustment for City Administrator Bryan Bear
On June 3, 2024, Council met in Executive Session for the purpose of conducting the
performance review for City Administrator Bryan Bear, who has been with the City of Hugo
since May 2004. As part of the review, Council discussed Bear’s current salary and agreed it
should be increased to the budgeted amount. Staff recommends Council formally approve the
salary adjustment to the mid-point between Step 5 and the Maximum Step as set forth in the
salary matrix.
G.3 Approve Resignation of Emily McGinnity from the Parks Commission
At its February 1, 2021, meeting, Council approved the appointment of Emily McGinnity as a
Parks Commissioner. Emily has submitted her letter of resignation. Staff recommends Council
approve the resignation of Emily McGinnity from the Parks Commission.
G. 4 Approve Resolution Approving Encroachment Agreement for 5383 Ferrara Avenue
North
Dennis Palmer has requested an encroachment agreement to allow construction of an eight-foot
by ten-foot concrete pad within a drainage and utility easement on property located at 5383
Ferrara Avenue North. The Senior Engineering Technician has reviewed the location of the
concrete pad and is comfortable with the request. Staff recommends Council approve the
resolution approving the encroachment agreement for 5383 Ferrara Avenue North.
G.5 Approve Pay Request No. 1 to Dresel Contracting for 125th Street/Dellwood Ridge
Street Project
Dresel Contracting, Inc. has submitted Pay Request No. 1 in the amount of $276,807.71 for work
certified through May 31, 2024, on the 2024 125th Street/Dellwood Ridge Neighborhood
Improvement Project. Reclamation of the pavement along 125th Street has occurred and
pavement removal on Upper Heather Ave has begun. Some storm sewer work has also been
completed at this time. City staff has inspected the work and recommends Council approve the
payment to Dresel Contracting, Inc. in the amount of $276,807.71.
G.6 Approve Reduction in Letter of Credit for Oneka Prairie
The Shores of Oneka Prairie Project has had significant work completed to date and Southwind
Holdings, LLC. is requesting a reduction in the letter of credit. The current letter of credit for the
Oneka Prairie Project is in the amount of $2,213,413. Staff has inspected the work completed to
date and recommends Council approve the reduction in the letter of credit to $394,159 based on
the value of work remaining to be completed. This is a reduction to 10% of the original letter of
credit of $3,941,595.
G.7 Approve Temporary Liquor License for the Hopkins School House and Preservation
Committee for Fundraiser on September 14, 2024
The Forest Lake Historical Society has applied for a Temporary Liquor License to sell and serve
alcohol and conduct a wine tasting at the fundraiser for the Hopkins Schoolhouse and Heritage
Center on September 14, 2024, at the Peder Pedersen Pavilion. The purpose of the event is to
raise funds for the restoration of the Hopkins Schoolhouse, a City owned structure. Staff
recommends Council approve the Temporary Liquor License for the Hopkins Schoolhouse
Fundraiser and waive the $15 license fee.
I.1 Discussion on Solar Ordinance
At its June 3, 2024, meeting the City Council adopted an interim ordinance placing a temporary
moratorium on new development of solar farm solar energy systems and directed a study to be
conducted. Staff recommends the City Council invite the Planning Commission to a joint
workshop to discuss general policy goals and what should be included in the study.
M.1 Bill the Juggler at Lions Volunteer Park on Friday, July 12, 2024
Bill the juggler will perform at Lions Volunteer Park in the Peder Pedersen Pavilion on Friday,
July 12 at 6:30 pm. This show is geared for children ages 5 and older and their families. This
program is hosted by Washington County Library and is funded with money from Minnesota’s
Arts and Cultural Heritage Fund.
N.1 Adjournment
SUMMARY OF PERFORMANCE REVIEW OF CITY ADMINISTRATOR
HELD IN EXECUTIVE SESSION ON JUNE 3, 2024
The City Council met in executive session for the annual performance review of the City
Administrator Bryan Bear on June 3rd 2024.
Present were the City Council and the City Attorney and Mr. Bear.
In summary, it was noted that Mr. Bear has been in a leadership role with the City for 20
years now.
The Council finds that he exceeds expectations and is noted for his attitude of service and
professionalism to the citizens of Hugo and noted that he has earned the respect of his peers
in the east metro and beyond.
It is understood that there will be challenges in meeting the Council’s goal to achieve a flat
tax rate while still maintaining services but he intends to do that. He is asked to continue
leadership on critical issues affecting the City including water resources and customer
service.
Mr. Bear noted his appreciation for the internal staff at the City and enjoys serving and
building trust with the residents.
Mr. Bear was thanked for his ongoing service.
MINUTES
City Council Meeting
City Hall Council Chambers
Monday, June 3, 2024
7:00 p.m.
Call to Order
Mayor Weidt called the meeting to order at 7:00 p.m.
Roll Call and Pledge of Allegiance
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
A Girl Scout Troop provided Girl Scout cookies to the Council and led in the Pledge of Allegiance.
Approval of Minutes for the May 20, 2024, City Council Meeting
Klein made motion, Strub seconded, to approve the minutes for the City Council meeting held on
May 20, 2024, as presented.
All Ayes. Motion carried.
Approval of Minutes for the May 20, 2024, Executive Session
Petryk made motion, Klein seconded, to approve the minutes for the executive session held on May
20, 2024, as presented
All Ayes. Motion carried.
Approval of Minutes for the May 21, 2024, Nystrom Ribbon Cutting
Strub made motion, Miron seconded, to approve the minutes for the Nystrom Ribbon Cutting held
on May 21, 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 June 3, 2024
Page 2 of 11
Approval of Consent Agenda
Miron made motion, Klein seconded, to approve the following Consent Agenda.
11.. Approve Claims Roster
2. Approve Annual Performance Review for Public Works Mechanic Steven Garcia
3. Approve Annual Performance Review for Public Works Worker Corey Triemert
4. Approve Annual Performance Review for Public Works Worker Riley Hollerback
5. Approve Annual Performance Review for Public Works Streets Lead Worker Tom Smith
6. Approve Hiring Terry Hagstrom as Temporary Building Inspector
7. Approve Firefighter Darek Albertson as Engineer on the Hugo Fire Department
8. Approve Firefighter Brian Kindelberger as Lieutenant on the Hugo Fire Department
9. Approve Donation from the Hugo American Legion to the Hugo Fire Department
10. Approve Quotes for Fire Department Kitchen Remodel
11. Approve Summary Ordinance for Publication on Solar Farm Moratorium
12. Approve Special Event Permit for Ragnar Relay Minnesota on August 9, 2024
13. Approve Special Event Permit for Tough Mudder on June 29-30, 2024
14. Approve Temporary Liquor License for Hugo Lions Club for Tough Mudder on June 29-
30, 2024
15. Approve Resolution Approving Encroachment Agreement for 15873 Ethan Trail North
16. Approve Resolution Approving Variance for 12494 Goodview Avenue North
17. Approve Authorization to Amend Shooting Ordinance Map
All Ayes. Motion carried.
Approve Claims Roster
Adoption of the Consent Agenda approved the Claims Roster as presented.
Approve Annual Performance Review for Public Works Mechanic Steven Garcia
At its June 6, 2023, meeting, Council approved the hiring of Steve Garcia as the new Public
Works Mechanic beginning June 7, 2023. Adoption of the Consent Agenda approved the
Annual Performance Review for Public Works Mechanic Steve Garcia.
Approve Annual Performance Review for Public Works Corey Triemert
At its June 6, 2022, meeting, Council approved the hiring of Corey Triemert as a Public Works
Worker beginning on June 30, 2022. Adoption of the Consent Agenda approved the Annual
Performance Review for Public Works Worker Corey Triemert.
Approve Annual Performance Review for Public Works Worker Riley Hollerback
At its June 6, 2022, meeting, Council approved the hiring of Riley Hollerback as a Public Works
Worker beginning on June 30, 2022. Adoption of the Consent Agenda approved the Annual
Performance Review for Public Works Worker Riley Hollerback.
Council Meeting Minutes for June 3, 2024
Page 3 of 11
Approve Annual Performance Review for Public Works Streets Lead Worker Tom Smith
Tom Smith was hired by the City of Hugo on June 26, 2000, as a Worker in Public Works
Department and promoted to Streets Lead Worker on April 17, 2023. Adoption of the Consent
Agenda approved the annual performance review for Public Works Worker Tom Smith.
Approve Hiring Terry Hagstrom as Temporary Building Inspector
Terry was hired on July 12, 2021, as a full-time building inspector for the City of Hugo. Terry
retired on March 29, 2024. Due to the workload of the Building Department, staff had requested
to rehire Terry on a temporary part-time basis beginning on June 7, 2024. Adoption of the
Consent Agenda approved the hiring of Terry Hagstrom as a temporary building inspector.
Approve Firefighter Darek Albertson as Engineer on the Hugo Fire Department
In March, the Hugo Fire Department posted to fill two open Engineer positions. After Chief
Engineer Kaspszak and Deputy Chief Jensen conducted an interview, they chose Darek
Albertson to fill one of the open positions with a start date of June 1, 2024. Darek had recently
completed a Fire Apparatus Operator course put on by Century College and had been with the
Fire Department since December of 2021. Adoption of the Consent Agenda approved Darek
Albertson as an Engineer on the Fire Department.
Approve Firefighter Brian Kindelberger as Lieutenant on the Hugo Fire Department
After restructuring the leadership ranks within the department, two Lieutenant positions were
posted within the department. On Tuesday, May 28, 2024, Fire Chief Jim Compton, Deputy
Chief Jensen, and Assistant Chief Emans conducted an interview for one of the open Lieutenant
positions and chose Brian Kindelberger for one of the Lieutenant positions with a start date of
June 1, 2024. Brian had been with the fire department since December of 2013 and had served as
a Lieutenant from March of 2018 to August of 2022. Adoption of the Consent Agenda approved
Brian Kindelberger as a Lieutenant on the Hugo Fire Department.
Approve Donation from the Hugo American Legion to the Hugo Fire Department
The Hugo American Legion had requested to donate $1,000 to the Hugo Fire Department from
pull-tab proceeds for equipment. 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 Quotes for Fire Department Kitchen Remodel
Over the past several years, the City of Hugo had been making updates to the fire station that
was built in 1999. To keep in line with the updates, Fire Chief Jim Compton, Jr. had proposed a
kitchen remodel project that was included in the 2024 City CIP. As part of the project, members
of the department would do the general contracting, demolition work, painting, and other
miscellaneous work to save money on the project. Quotes had been solicited for different trades
to do work on the cabinetry, finish carpentry work, flooring, and ventilation. All quotes were
Council Meeting Minutes for June 3, 2024
Page 4 of 11
reviewed and the results discussed with the Finance Director who had indicated that sufficient
funding had been budgeted in the Building Maintenance Fund. The work was expected to cost
between $30,536 - $33, 536. Adoption of the Consent Agenda approved the quotes from Kramer
Mechanical Plumbing and Heating, Preferred Kitchens, and Albertson Construction, Inc. and
other miscellaneous material and labor expenses to complete the Fire Department kitchen
remodeling project.
Approve Summary Ordinance for Publication on Solar Farm Moratorium
At its May 20, 2024, meeting, Council had approved an ordinance for a moratorium on solar
farms. Staff had prepared a summary of the ordinance for publication. Adoption of the Consent
Agenda approved SUMMARY ORDINANCE 2024-530 SUMMARY OF AN INTERIM
ORDINANCE PLACING A TEMPORARY MORATORIUM ON NEW DEVELOPMENT OF
SOLAR FARM SOLAR ENERGY SYSTEMS AND DIRECTING A STUDY TO BE
CONDUCTED.
Approve Special Event Permit for Ragnar Relay Minnesota on August 9, 2024
Ragnar Events, LLC had applied for a Special Event Permit to hold a 200-mile overnight relay
race beginning in Minneapolis on Friday, August 9 and ending in Duluth on Saturday, August
10. Event organizers had requested to use the Hugo Public Works parking lot as an exchange
point for runners during the relay on Friday, August 9. At peak times, it was expected there
would be about 32 cars in the lot. For most of the day, there would be approximately 15-20 at
any given time. Special Event Permits needed to be approved by Council for events with over
200 people in attendance. Approximately 2,500 total participants were expected but only
approximately 230 runners spread out over the course. Adoption of the Consent Agenda
approved the Special Event Permit for Ragnar Relay Minnesota on August 9, 2024, subject to the
conditions in the staff memo.
Approve Special Event Permit for Tough Mudder on June 29 - 30, 2024
Tough Mudder had applied for a Special Event Permit to hold a two-day endurance sport event at
Wild Wings Game Farm on June 29-30, 2024. Tough Mudder, a for profit company, has held
events in the US since 2010 and elsewhere in the world since 2016. This would be the eighth
year the event would be held at Wild Wings. Special Event Permits needed to be approved by
Council for events with over 200 people in attendance, alcohol, and amplified sound. It was
estimated 5,900 people would be on site on Saturday and 1,500 on Sunday. There would also be
impacts to public streets, use of an amplified sound system, and alcohol served. Adoption of the
Consent Agenda approved the Special Event Permit for the Tough Mudder on June 29-30, 2024,
subject to the conditions in the staff memo.
Approve Temporary Liquor License for Hugo Lions Club for Tough Mudder on
June 29 - 30, 2024
The Hugo Lions Club had applied for a Temporary Liquor License to provide beer and seltzers at
the Tough Mudder on June 29 and 30, 2024, at Wild Wings Game Farm. Staff had received the
permit application, fee, and proper insurance. Adoption of the Consent Agenda approved the
Council Meeting Minutes for June 3, 2024
Page 5 of 11
Temporary Liquor License for the Lions Club for the Tough Mudder on June 29 and 30, 2024,
subject to receipt of the permit fee.
Approve Resolution Approving Encroachment Agreement for 15873 Ethan Trail North
Mary Ward had requested an encroachment agreement to allow construction of a fence within a
drainage and utility easement on property located at 15873 Ethan Trail 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 2024-22 APPROVING
AN ENCROACHMENT AGREEMENT TO ALLOW CONSTRUCTION OF A FENCE
WITHIN A DRAINAGE AND UTILITY EASEMENT ON THE PROPERTY LOCATED AT
15873 ETHAN TRAIL NORTH.
Approve Resolution Approving Variance for 12494 Goodview Avenue North
Michael and Lindsay Osterman had requested a variance to construct a 3,000 square foot
accessory building to be placed in front of the house relative to the street, where placement
behind the house was required by ordinance. At its May 23, 2024, meeting, the Board held a
public hearing voted unanimously to recommend that the City Council approve the resolution
approving the variance request for 12494 Goodview Avenue North. Adoption of the Consent
Agenda approved RESOLUTION 2024-23 APPROVING A VARIANCE FROM THE
ACCESSORY BUILDING PLACEMENT REQUIREMENT FOR PROPERTY LOCATED AT
12494 GOODVIEW AVENUE NORTH
Approve Authorization to Amend Shooting Ordinance Map
At its meeting on May 17, 2010, the Council approved amendments to the Shooting Regulations
in the Hugo City Code. The amendments included adoption of a Controlled Shooting Area Map
that identifies an area that is subject to certain restrictions, which was amended by the City
Council at its November 11, 2021, meeting to include land which had since been developed with
neighborhood homes and parks. These restrictions prohibit discharging a firearm or controlled
weapon within 500 feet of a building occupied by human or livestock or a stockade or corral
containing livestock. It also prohibits discharge of a firearm or controlled weapon within 500
feet of any public road. Areas of the City not in the Controlled Shooting Area may discharge a
firearm on their own property or on private property with the consent of the owner or legal
occupant, as regulated by the DNR. Staff recommends the Controlled Shooting Area be
expanded to include land which has been developed with neighborhood homes and parks since
the 2021 map revision. Adoption of the Consent Agenda approved authorization to draft an
amendment to the Controlled Shooting Area Map for Council approval.
Approve Site Plan, Conditional Use Permit, and Development Agreement for Liberty
Classical Academy at 10158 122nd Street North
This was removed from the Consent Agenda by a person in the audience.
Council Meeting Minutes for June 3, 2024
Page 6 of 11
Community Development Director Rachel Juba explained that Liberty Classical Academy was
seeking approval of a site plan and conditional use permit (CUP) for an approximately 33,500
square foot building addition to the existing school and associated parking on the property
located at 10158 122nd Street North. The building addition would include classrooms,
gymnasium, and other learning spaces. The addition would be added to the north of the existing
building. The existing parking lot would be moved to the east of the building, and access would
be off Keller Avenue. Washington County required the access to 120th Street North be removed
except for emergencies.
Juba reviewed the building materials, architecture, and the criteria for approving a Conditional
Use Permit. The property was guided as Public/Quasi Public/Agricultural in the 2040
Comprehensive Plan and zoned Agricultural which allowed for schools with a CUP. She said
staff found it met all the ordinance standards for site plan and CUP approval.
At the May 9, 2024, City of Hugo Planning Commission meeting, a public hearing on the request
was held, and the Planning Commission unanimously recommended approval subject to changes
to the lighting plan and parking lot setbacks, and they directed staff to have additional discussion
with the County on access. Staff met with Washinton County on May 21, 2024, who confirmed
the access on Keller Avenue was reasonable and safe and stated the roads had capacity for
additional traffic with improvements of turn lanes.
The applicant had also applied for a CUP in May Township for the stormwater facilities and
septic system to be located in May Township. Their Planning Commission held a public hearing
on May 30, 2024. There was a motion to approve it subject to three additional conditions, but
the motion failed, and it would go to the Town Board on June 6, 2024, with no recommendation
from the Planning Commission.
Council had questions on the parking lot lighting plan, access, school zone signage, and turn
lanes. Juba answered the questions saying staff had received revised parking lot and lighting
plans, but they had not yet been reviewed. The current access did not meet the County’s
requirements, and the County was comfortable with one on Keller Avenue with the addition of
turn lanes, which the school would be responsible for construction and financing. Washington
County had criteria for school zone signage, but as proposed, the school did not meet the criteria.
Weidt invited the applicant to speak.
Rebekah Hagstrom, Headmaster at Liberty Classical, explained that Liberty opened 21 years ago
and is a classical and Christian school open to all backgrounds. There were currently 221
students, including staff, and when they open the addition, there would be approximately 351
total. She talked about meetings they held in November 2022 and in January 2023 when they
moved into the old Withrow Elementary School. She said they had sent invites to everyone in a
mile radius, and few attended. Those that did attend gave positive feedback, and she offered to
have more meetings. She talked about the lights being designed to fit into the rural area. She
sees the school as serving a need for the community and said she wanted to work to be a good
neighbor.
Elise Kelly, Pope Design Group, said she was working on this master plan, and they were
Council Meeting Minutes for June 3, 2024
Page 7 of 11
seeking approval of the CUP. She talked about the CUP criteria saying the use was compatible,
they met the setbacks, and the materials and landscape plan met the standards. She said they had
been working with Washington County, and Keller Avenue has adequate compacity to serve
school. They had reduced the lighting. Weidt asked if there was right-of-way that needed to be
purchased for the road improvements, and Kelly replied there was not.
Mayor Weidt explained to the audience that the discussion to happen this evening was on the
current application for expansion of the school, not their future plans. He opened the floor for
comments.
Cort Jerome, 12444 Keller Avenue North, said he attended Liberty’s meetings years ago, and
they were held during times people work, so there were not many there. He talked about the
petition that had over 400 signatures saying they were not against the school but against the
campus and the anticipated phase two they see as apparent with the planned infrastructure. He
commented that Keller Avenue was not equipped to handle the traffic. He asked for a little time
to work with Liberty on the problem together and suggested forming a committee. He made
comparisons to Wildwood School where the cars were not on the streets but on school property.
Weidt asked him what issues he thought needed to be fixed. Cort replied there could be two
entrances, and the septic and holding pond should be on Hugo property because they were setting
up for phase two. Weidt explained that phase two was not automatic. Weidt said they needed to
do this phase correctly first, and he wanted it to be clear that this approval would have nothing to
do with phase two. Cort commented on the distance to emergency services by telling of when he
heard the school alarm go off one summer, and it took 20 minutes for the firetrucks to show up.
Bill Wright, 12388 Keller Avenue North, said he had no concerns with having the school there,
but was not in favor about their anticipated plan of building a campus development staring with
the installation of the septic system proposed for the property in May Township. He said the
plan was designed by someone who does not live there. He requested there be stronger language
on timers and dimmers of the outdoor lighting. He talked about the surrounding character and
anticipated traffic congestion. He explained the character of the area was why he lived there
instead of near the amenities of a larger city saying it was a tradeoff to give those up to live in a
rural area away from the congestion. He talked about the access off 122nd Street not being vetted
and how they needed to do their due diligence.
Dave Dobrotka, 12515 Keller Avenue North, said he supported the school being there because he
has two kids going through the program and wife teaches there. He said he was not excited
about it at first, but he realized things change and the land could turn into a development. He
stressed his support but was also concerned about lights and thought they should look at other
options for access unless it was a hard “no” from Washington County.
Chris O’Connell, 11115 122 Street North, May Township, shared concerns about Keller Avenue
and he questioned whether there was a traffic study done and reports on the ability for the road to
handle traffic. City Engineer Mark Erichson responded that there was a study done, and a copy
was included in the Council packet that highlighted existing traffic volumes and projections.
This was reviewed by the traffic engineer from Washington County. Chris expressed concerns
for kids crossing the road to get into a car that may be parked on the street. He talked about
options, one of them being to put a four-way stop at 122nd and Keystone, in front of the Zahler
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property.
Terry Poirier, 10284 122nd Street North, talked about being one of the three properties that would
be looking at the parking lot out their back door. He referenced the recently denied solar farm
because the neighbors there did not want to look at it. He said his concern was that he backs up
to the parking lot.
Beth Jerome, 12444 Keller Avenue North, said she did not want the access on Keller Avenue and
made suggestions to use the existing access or go further east of the farms on 122nd Street into
May Township. Another suggestion was to enter on 122nd Street and exit on Keller Avenue or
vice versa. She commented that the Keller Avenue and 122nd Street intersection was treacherous
in the winter. She said they were not anti-school, but there were other workable solutions.
Chris Hause, 11120 121st Street North, May Township, said he thought the school was doing a
great thing for the community, but Hugo does not have the space in the area to accommodate the
infrastructure. He guess the septic system would be more of a water treatment facility with the
number of gallons of sewage, and the City of Hugo should not pass the CUP and push the
problem to another entity. He talked about safety saying there was probably not a place in the
county further away from safety services.
Elise addressed some of the questions that were asked. She explained they did due diligence
with the traffic plan, and the County required the access to be ¼ mile from any intersection, so
existing access points would not work. They were currently grandfathered in. If they accessed it
across from Keystone Avenue, they would have to tear down houses that people were living in.
The only location they could have an access point off 122nd Street would be a quarter mile to the
east of the Keystone intersection but could cost between $750,000 to $1 million dollars for the
required left turn lane and widening of the road. She noted that she did not live in Hugo but had
been an architect for 14 years. They are looking at phase one but are forward thinking so they
have thought about a full design that did require the septic to be put in May Township. In Hugo,
they would not meet the setbacks from wells, and a mound system would need to be aligned with
the natural grade that was found to fit better on the May Township side. The system they were
considering would only serve the current school and the addition. The holding pond was on the
lowest point of the site which was in May Township and was designed for the full phase because
the mass grading would eliminate massive piles of dirt. She addressed the issue of lighting
saying the dimmers and timers could be programed appropriately. The parking lot was shown to
be set back over 100 feet from the backyards of existing homes, and they would be adding an
additional 30 feet. They were not proposing to remove any existing trees, would have low
hedges to block headlights, and could add additional landscaping. She addressed the comment
regarding the Zahler property, saying May Township would not allow it as mixed use on that
site, so when the person was no longer living, they would need to remove the house. Regarding
infrastructure, she said they had to meet MPCA requirements, and the septic system was not a
water treatment facility but similar to what you would find on a golf course, and there were
regulations including weekly checks. She added that the building would be sprinkled to meet the
fire code.
Petryk commented on the additional cost for the access to be on 122nd Street. Elise responded
the cost would be for turn lands and a road through May Township, and it would be a hardship.
Council Meeting Minutes for June 3, 2024
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Rebecca talked about the life estate on the occupied property saying it was for the family, and
there was a 30-year commitment before removing the buildings. She said they did want to keep
their current access but it was not allowed by Washington County. She stated there would be
room for queueing in the parking lot so there would be no cars on the road. They currently bus
between two buildings but will eventually do more. If a student abuses their driving privilege,
they would remove their rights to drive to school, but they have had no problem with student
drivers. Mike Brandt from Kimley Horn and Associates talked more about queueing saying there
would be approximately room for 60 vehicles on site at a minimum. Rebecca explained the drop
off and pick up patterns.
Weidt talked about access off 122nd Street and Juba confirmed that the City could not force May
Township to provide it. Weidt stated that the only other place the City could provide it would be
through existing property where people were living. The only access allowed off 122nd Street
was an emergency access with a gate.
Miron commented on the lighting and compared it to the City Hall parking lot, which is not on a
timer. He questioned whether that would be more effective than a set time.
Weidt agreed there needed to be a different type of lighting and said he would like to see that as
a requirement. He said he could not see how the City of Hugo could require the road anywhere
but off Keller Avenue, and he liked the requirement to add 30 feet to the parking lot setback and
additional screening.
Klein commented that Washington County had the City’s hands tied, and May Township would
need to be willing to allow a septic and a driveway to be put there. He agreed with the lights
being adjusted and changes to the parking lot.
Strub talked about the speed limit and whether it could be changed. Erichson responded that it
was a County Road, and the City did not have jurisdiction. There could be further discussions
with the County on school signs.
Weidt said he could see no other solution, and he encouraged Liberty to be sure the traffic flows
correctly.
Klein made motion, Strub seconded, to approve RESOLUTION 2024-24 APPROVING A SITE
PLAN, CONDITIONAL USE PERMIT, AND DEVELOPMENT AGREEMENT FOR
LIBERTY CLASSICAL ACADEMY SCHOOL TO ALLOW AN ADDITION ON THE
EXISTING SCHOOL LOCATED AT 10158 122ND STREET NORTH, with the addition of
improved lighting plan, moving the parking lot north and providing adequate landscaping at the
discretion of staff.
Klein commented that he had heard a lot of support for the school and talked about the
challenges schools face. He encouraged the school and neighbors to find a way to be more
engaged moving forward.
Miron added that he was glad the project was a school and thinks the school was a supported
activity there. He commented that the site was unique and there were complexities to the design
Council Meeting Minutes for June 3, 2024
Page 10 of 11
that required creative solution. He acknowledged the neighborhood’s anxiety regarding the
future of the site, and he hoped the school and neighbors would find a way to engage. He
appreciated that the comments from the audience were focused on the application before them.
Weidt expressed his appreciation for everyone’s involvement and said it would be in Liberty’s
best interest to be good neighbors and make this addition as smooth and painless as possible. He
said it was a difficult decision and hoped Liberty would be a good neighbor.
Upon role call-
Ayes. Klein, Miron, Petryk, Strub, Weidt
Nays: None
Motion carried.
The Mayor called for a short break, and the meeting resumed at 9:09 p.m.
Premier Bank Good Neighbor Days Open House on Saturday, June 8, 2024
City Administrator Bryan Bear informed Council that Premier Bank, 14773 Flay Avenue North,
was holding an open house during Good Neighbor Days on Saturday, June 8, 2024, from 11 a.m.
– 5 p.m.
Klein made motion, Petryk seconded, to schedule a meeting to attend the Premier Bank Open
House on June 8, 2024.
All Ayes. Motion carried.
Premier Bank Grand Opening Tuesday, June 11, 2024
City Administrator Bryan Bear informed Council that Premier Bank, 14773 Flay Avenue North,
will hold their grand opening on Tuesday, June 11, 2024, from 3:30-7 p.m.
Klein made motion, Strub seconded, to schedule a meeting to attend the Premier Bank Grand
Opening on June 11, 2024.
All Ayes. Motion carried.
Executive Session -White Bear Lake Homeowners Association Lawsuit
City Attorney Dave Snyder advised Council to, pursuant to MN Statute Sec. 13D.05 Subd. 3(b),
adjourn to Executive Session to receive attorney/client privileged information relating to the
lawsuits filed by the White Bear Lake Homeowners Association
Miron made motion, Strub seconded, to enter into Executive Session at 9:16 p.m. pursuant to
MN Statute Sec 13D.05 Subd. 3(b) for attorney client privilege regarding the White Bear Lake
Homeowners Association lawsuit.
All Ayes. Motion carried.
Council Meeting Minutes for June 3, 2024
Page 11 of 11
Miron made motion, Petryk seconded, to resume the regular session at 9:36 p.m.
City Attorney Dave Snyder explained the Council had met in executive session in the matter of
restrictions to water appropriations permits filed with the Office of Administrative Hearings.
Present were City Council, City Attorney Dave Snyder, City Administrator Bryan Bear, and City
Clerk Michele Lindau. Based on the discussion, staff had been fully informed of the premises.
Adjournment
Klein made motion, Miron seconded, to adjourn at 9:39 p.m.
All Ayes. Motion carried.
Respectfully Submitted,
Michele Lindau, City Clerk
MINUTES
City Council-Premier Bank Open House
14773 Flay Avenue North
Saturday, June 8, 2024
11 a.m. - 5 p.m.
COUNCIL PRESENT: Miron, Petryk, Weidt
COUNCIL ABSENT: Klein, Strub
Council attended the Premier Bank Open House that was held the weekend of the Hugo Good
Neighbor Days event.
Respectfully Submitted,
Michele Lindau
City Clerk
MINUTES
City Council-Premier Bank Open House
14773 Flay Avenue North
Tuesday, June 11, 2024
3:30 p.m. - 7 p.m.
COUNCIL PRESENT: Klein, Miron, Petryk, Strub, Weidt
COUNCIL ABSENT: None
Council attended the Premier Bank Grand Open to celebrate their new Hugo bank.
Respectfully Submitted,
Michele Lindau
City Clerk
City of Hugo Claims
June 17, 2024 G. 1
Vendor Invoice Amount Description Department
Abdo Financial Solutions LLC 489954 2,850.00$ Accounting Assistance Finance Dept
Alert-All Corp.224050096 1,810.00$ Fire Department Open House Supplies Fire Dept
Amazon Capital Services 1QYF-VV11-3719 39.04$ Message Books Public Works
Amazon Capital Services 1QYF-VV11-3719 68.99$ Light Kit - Unit #6109-24 Fire Dept
Amazon Capital Services 1QYF-VV11-3719 79.04$ Fire Deparment Open House Supplies Fire Dept
Amazon Capital Services 1QYF-VV11-3719 37.98$ Breakroom Supplies Public Works
Amazon Capital Services 1QYF-VV11-3719 16.00$ Safety Labels Fire Dept
Amazon Capital Services 1QYF-VV11-3719 18.99$ LED Lights - Unit #6109-24 Fire Dept
American Made Election Equipment 2024-48 5,608.00$ Voting Booths (20)Elections
Aspen Mills 333018 180.00$ Danner Zip Boots Fire Dept
Aspen Mills 333164 22.50$ Embroidery Fire Dept
Aspen Mills 333401 14.85$ Name Tag Fire Dept
Aspen Mills 333561 97.85$ HFD Jacket & Embroidery Fire Dept
Bound Tree Medical LLC 85360979 102.87$ Medical Supplies Fire Dept
Bound Tree Medical LLC 85254799 (27.26)$ Medical Supplies (Credit)Fire Dept
Capital One Trade Credit/Frattallone's J20874/B 23.37$ Parts - Unit #209-13 Sewer Utility
Catalis LLC INV308315041 4,995.00$ Web Hosting thru February 2025 Administration
Cintas Corporation 5215676350 316.44$ First Aid Supplies Public Works
Cintas Corporation 5215676350 69.61$ First Aid Supplies Gen Gov't Bldgs
Companion Animal Control LLC May 660.70$ Callout Fees & Mileage Animal Control
Cornerstone Occupational Health Spec. FOX(HU0000 85.00$ Personnel Testing Water & Sewer
Cornerstone Occupational Health Spec. PETTEE0000 50.00$ Personnel Testing Water & Sewer
Custom Cap & Tire LLC 270065651 77.69$ Trailer Rim - Unit #341-20 Street Dept
Emergency Apparatus Maintenance Inc 131708 1,876.47$ NFPA Pump Test & Repairs - Unit #7103-08 Fire Dept
Emergency Apparatus Maintenance Inc 131709 2,675.63$ NFPA Pump Test & Repairs - Unit #7104-18 Fire Dept
Emergency Apparatus Maintenance Inc 132141 3,948.62$ Repairs - Unit #7103-08 Fire Dept
ESS Brothers & Sons Inc EE3472 15,400.00$ Catch Basin Repairs - Sealant Kits & Patches Stormwater Fund
Ferguson Waterworks 529951 660.00$ Magnetic Pipe Locator Water Utility
Flagship Recreation F22737 272.00$ Playground Replacement Parts - Heritage Ponds Park Parks Dept
Forest Lake NAPA May 1,446.96$ Auto Parts & Shop Supplies Various
Game Time PJI-0237055 647.32$ Molded Grips & Hardware - Frog Hollow & Oneka Park Parks Dept
Gene's Disposal Service Inc 504365 114.71$ June Waste Hauling - City Hall Gen Gov't Bldgs
Gene's Disposal Service Inc 504365 243.85$ June Waste Hauling - Fire Station Fire Dept
Gene's Disposal Service Inc 504365 1,107.55$ June Waste Hauling - PW Facility Public Works
Gene's Disposal Service Inc 504365 239.49$ June Waste Hauling - Rice Lake Room Gen Gov't Bldgs
Gene's Disposal Service Inc 504365 369.49$ June Waste Hauling - Lions Park Parks Dept
Gene's Disposal Service Inc 504365 239.49$ June Waste Hauling - Hanifl Fields Parks Dept
Gopher State One Call 4050485 533.25$ May Service Charges Water & Sewer
Grainger 9118384933 8.41$ Parts - Unit #308-19 Street Dept
Grainger 9118384933 8.41$ Parts - Unit #308-05 Street Dept
Granicus Inc 184702 9,292.98$ Web Streaming Service (05/07/24 thru 05/07/25)Audio/Video
Graphic Resources 78284 80.68$ Business Cards - Juba Planning & Zoning
Graphic Resources 78398 293.19$ Envelopes Administration
Graphic Resources 78227A 649.68$ Utility Bill Mailing Water & Sewer
Graphic Resources 78227A 752.95$ Utility Rate Change Inserts Water & Sewer
Graphic Resources 78227B 1,013.07$ Utility Bill Stock Water & Sewer
Hoernemann, Ross CLAIM 105.91$ Cell Phone Accessories (Wireless Zone)Fire Dept
Hugo Feed Mill 163880 10.99$ Insect Repellent Public Works
Innovative Office Solutions LLC IN4548651 12.53$ Bell for Front Counter Administration
Innovative Office Solutions LLC IN4549527 148.36$ File Folders, Stapler & Rubber Bands Administration
Innovative Office Solutions LLC IN4549818 9.88$ Earbuds Finance Dept
Innovative Office Solutions LLC IN4551576 150.94$ Restroom Supplies (PPP)Parks Dept
Jefferson Fire & Safety Inc IN313605 632.30$ TFT Nozzles & Adapters Fire Dept
Jefferson Fire & Safety Inc IN313846 112.24$ TFT Nozzle Repair Kits Fire Dept
Jefferson Fire & Safety Inc IN315024 (73.80)$ TFT Adapters (Return)Fire Dept
Johnson/Turner April 4,829.00$ Prosecution Fees (Flat Fee)General Legal
Johnson/Turner April 294.95$ Disbursements (Prosecution Costs)General Legal
Johnson/Turner April 3,224.25$ Civil Legal Fees - See Attached Breakdown General Legal
Kath Fuel Oil Service Co.12320094 5,567.98$ May Unleaded Gas & Diesel Purchases Various
Kieffer, Rick CLAIM 32.66$ Parts - Unit #484 (Small Engine Mobile Repair)Parks Dept
Klein, Lori 906390 1,085.00$ May Cleaning Services (PPP)Parks Dept
Knowlan's Super Markets Inc 2322 62.99$ Cleanup Day Supplies Recycling
Knowlan's Super Markets Inc 9914 41.32$ Meeting Supplies Parks Dept
Laughlin's Pest Control 64630 97.75$ May Pest Control Service Gen Gov't Bldgs
Lawson Products 9311557296 1,056.10$ Bulk Hardware Supplies Public Works
Lawson Products 9311559148 187.48$ Bulk Hardware Supplies Public Works
LRS Portables of Minnesota MP249608 128.00$ Toilet Rental - Oakshore Park Parks Dept
LRS Portables of Minnesota MP249609 128.00$ Toilet Rental - Oneka Park Parks Dept
LRS Portables of Minnesota MP249610 128.00$ Toilet Rental - Beaver Ponds Park Parks Dept
LRS Portables of Minnesota MP249611 128.00$ Toilet Rental - Diamond Point Park Parks Dept
LRS Portables of Minnesota MP249612 128.00$ Toilet Rental - Frog Hollow Parks Dept
Page 1
City of Hugo Claims
June 17, 2024 G. 1
Vendor Invoice Amount Description Department
LRS Portables of Minnesota MP249613 128.00$ Toilet Rental - Hanifl Park West Parks Dept
LRS Portables of Minnesota MP249614 128.00$ Toilet Rental - Valjean Park Parks Dept
LRS Portables of Minnesota MP249615 128.00$ Toilet Rental - Arbre Park Parks Dept
LRS Portables of Minnesota MP249616 128.00$ Toilet Rental - Heritage Ponds Park Parks Dept
LRS Portables of Minnesota MP249617 128.00$ Toilet Rental - McCollar Park Parks Dept
LRS Portables of Minnesota MP249618 128.00$ Toilet Rental - Arcand Park Parks Dept
LRS Portables of Minnesota MP249619 68.00$ Toilet Rental - Irish Ave Park Parks Dept
LRS Portables of Minnesota MP249620 256.00$ Toilet Rental - Hanifl Park East Parks Dept
Marco INV12574532 55.31$ June Copier Maintenance Building Inspections
Menards 35240 64.99$ Microwave - Rice Lake Centre Gen Gov't Bldgs
Menards 35240 10.99$ Light Bulbs (CH) Gen Gov't Bldgs
Menards 35264 306.91$ Fire Department Supplies Fire Dept
Metering & Technology Solutions INV5382 1,435.20$ Water Meters Water Utility
Metering & Technology Solutions INV5402 3,068.27$ Water Meters Water Utility
Metro-INET 1962 10,341.00$ June Computer Service Various
Metropolitan Area Management Assoc 1939 25.00$ MAMA Meeting Registration - Bryan Bear Administration
Minnesota Rural Water Association Registration 150.00$ Hydrant Repair Workshop - Anderson Water Utility
Minnesota Rural Water Association Registration 150.00$ Hydrant Repair Workshop - Loeffler Water Utility
Northern Door Company 74739 274.75$ Garage Door Transmitters Fire Dept
O'Reilly Auto Parts 5914-288953 8.99$ Parts - Unit #106-13 Water & Sewer
O'Reilly Auto Parts 5914-291383 498.89$ Warning Light - Unit #122-24 Water & Sewer
O'Reilly Auto Parts 5914-291383 498.89$ Warning Light - Unit #123-24 Parks Dept
O'Reilly Auto Parts 5914-292135 14.98$ Shop Tools Public Works
Oxygen Service Company 3585721 109.89$ Welding Supplies Public Works
Press Publications 805975 500.00$ Golden Spike Sponsorship Parks Dept
Remodel This LLC BC774275 1,175.00$ Bath Fan Replacement - 14715 Forest Blvd Rental Properties
Ricoh USA, Inc 5069563081 131.95$ Overage Charges (Color) Public Works
Ricoh USA, Inc 5069563081 19.13$ Overage Charges (B & W) Public Works
Safe-Fast Inc INV291630 434.70$ Rain Gear Public Works
Sam's Club 81293 424.90$ Fire Department Supplies Fire Dept
Signature Lighting Inc 1393 1,550.00$ Streetlight Repairs - Materials Street Dept
Silver Star Industries Radco - Blaine BLN-73651-01 777.37$ Floor Mats, Running Boards & Seat Covers - Unit #122-24 Water & Sewer
Silver Star Industries Radco - Blaine BLN-73651-01 777.37$ Floor Mats, Running Boards & Seat Covers - Unit #123-24 Parks Dept
SiteOne Landscape Supply LLC 142035007-001 113.84$ Irrigation Hardware - Lions Pavilion Planters Parks Dept
Smith, Schafer & Associates 31242 1,500.00$ 2023 Audit Interim Billing Finance Dept
Smith, Schafer & Associates 31242 2,850.00$ Accounting Assistance Finance Dept
St. Croix Recreation Fun Playgrounds Inc 21909 787.35$ Spinner Replacement Parts & Hardware - Hanfil Parks Dept
Sylva Corporation Inc 83298 4,155.20$ SoftStep Mulch - Arbre Park Special Parks Fund
Sylva Corporation Inc 83298 1,842.00$ SoftStep Mulch - Clearwater Cove Park Special Parks Fund
Sylva Corporation Inc 83298 1,019.20$ SoftStep Mulch - Val Jean Park Special Parks Fund
T.A. Schifsky & Sons Inc 70175 3,736.53$ Asphalt Street Dept
T.A. Schifsky & Sons Inc 70205 2,596.05$ Asphalt Street Dept
T.A. Schifsky & Sons Inc 70227 3,879.09$ Asphalt Street Dept
T-Mobile 870254054 601.33$ 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
UniFirst Corporation 1410062223 384.95$ Restroom Supplies & Floor Mat Services (CH) Gen Gov't Bldgs
UniFirst Corporation 1410062224 160.53$ Uniforms, Supplies & Floor Mat Services (PW) Public Works
UniFirst Corporation 1410063531 10.55$ Restroom Supplies & Floor Mat Services (CH) Gen Gov't Bldgs
UniFirst Corporation 1410063532 158.53$ Uniforms, Supplies & Floor Mat Services (PW) Public Works
UniFirst Corporation 1410065029 92.59$ Restroom Supplies & Floor Mat Services (CH) Gen Gov't Bldgs
UniFirst Corporation 1410065030 158.71$ Uniforms, Supplies & Floor Mat Services (PW) Gen Gov't Bldgs
UniFirst Corporation 1410066685 10.55$ Restroom Supplies & Floor Mat Services (CH) Gen Gov't Bldgs
US Bank Equipment Finance 531067965 476.30$ June Copier Service Payment Administration
US Bank Equipment Finance 531067965 1.12$ Overage Charges (B&W) Administration
US Bank Equipment Finance 531067965 78.30$ Overage Charges (Color) Administration
Verizon Wireless 9964925839 23.03$ Cellular Phone Charges Public Works
Verizon Wireless 9963029034 1,011.14$ Cellular Phone Charges Various
Verizon Wireless 9965541024 1,011.14$ Cellular Phone Charges Various
Washington County 223142 105,485.99$ 2024 Assessing Fee Assessor
Washington County 223142 1,436.61$ 2024 Mobile Home Assessing Fees Assessor
Zack's Inc 36742 1,556.46$ Shop Towels, Shovels, Padlocks, Gloves, Etc Public Works
236,394.51$ Total Claims for June 17, 2024
Page 2
From:Shayla Denaway
To:Michele Lindau; Bryan Bear
Subject:FW: Parks Membership
Date:Thursday, June 6, 2024 10:03:09 AM
Here’s Emily’s official resignation. Let’s put it on the next Council agenda.
From: Emily McGinnity
Sent: Thursday, June 6, 2024 9:37 AM
To: Shayla Denaway <SDenaway@ci.hugo.mn.us>
Subject: Re: Parks Membership
Caution: This email originated outside our organization; please use caution.
Hi Shayla!
Apologies for the delayed response. I've been traveling (again) and just got home late
last night from Chicago from a work trip. Please find my note below.
I'm submitting this letter of resignation from the Parks Commission effective June 6th,
2024. My decision is due to increased travel and work responsibilities with my new job.
It's been a pleasure to be on the Park Commission the past few years. I will miss you
all!
Thanks,
Emily McGinnity
On Fri, May 31, 2024 at 3:19 PM Shayla Denaway <SDenaway@ci.hugo.mn.us> wrote:
Hello Emily,
If you are sure that you would like to resign from the Parks Commission, please send
me a quick note that I can share with the City Council. They will make it official. We
will certainly miss you!
Shayla
Agenda Number: G.4
CITY OF HUGO
PLANNING AND ZONING
APPLICATION STAFF REPORT
TO: Bryan Bear, City Administrator
FROM: Max Gort, Associate Planner
SUBJECT: Dennis Palmer– Encroachment agreement to allow a concrete slab within a
drainage and utility easement on property located at 5383 Ferrara Avenue North.
DATE: June 13, 2024 for the City Council meeting of June 17, 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 a concrete slab
along the west side of his house within a drainage and utility easement on property located at
5383 Ferrara Avenue North. The Senior Engineering Technician has reviewed the location of the
slab 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 5383 Ferrara 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 CONCRETE SLAB WITHIN A DRAINAGE AND
UTILITY EASEMENT ON THE PROPERTY LOCATED AT 5383 FERRARA
AVENUE NORTH
WHEREAS, an application has been filed by Dennis Palmer that requests approval of an
encroachment agreement to allow construction of a concrete slab within a drainage and
utility easement on the property located at 5383 Ferrara Avenue North, legally described
as follows;
Lot 1, Block 6, 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 5383 Ferrara Avenue North.
ADOPTED by the City Council this 17th day of June, 2024.
________________________________________
Tom Weidt, Mayor
ATTEST:
_________________________________
Michele Lindau, City Clerk
ENCROACHMENT AGREEMENT
THIS AGREEMENT is made this 17th day of June, 2024 by and between the CITY OF
HUGO, a Minnesota municipality (hereinafter “City”) and, Dennis Palmer, 5383 Ferrara 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, westerly, and southerly portion of the Owner’s property, which is
legally described as:
Lot 1, Block 6, Meadows at Hugo, Washington County, Minnesota; and,
WHEREAS, Owner is desirous of constructing a concrete slab partially within the easement
area; and,
WHERAS, the City will permit the placement of a concrete slab 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 concrete slab within the
Easement, and the concrete slab 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 concrete
slab may be maintained or placed in the easement area.
3. Owner shall maintain the concrete slab 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 concrete slab or
any part of it. Thereafter, Owner shall remove the concrete slab 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
concrete slab 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 concrete slab, 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 concrete slab, 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 concrete slab
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
_____________________________________
Dennis Palmer, Owner
STATE OF MINNESOTA )
) ss. (Individual Notary)
COUNTY OF WASHINGTON)
On this _____ day of __________________, 2024, before me, a Notary Public, personally
appeared Dennis Palmer, 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
Find events and register:
WashCoLib.org/Events
Friday, July 12 at 6:30 p.m.
Lions Park in Hugo—5524 Upper 146th St N
Join us at Lions Park in Hugo for a fun and
entertaining performance by Bill the Juggler. Years
ago, young Bill decided he wanted to learn to
juggle, so he read lots of books about juggling and
he practiced! Today, Bill shows off his impressive
skills with a little help from the audience in this zany
comedy juggling act!
In the Peder Pederson Pavilion
at Lions Park in Hugo.
5524 Upper 146th St N, Hugo
This fast-paced show is geared for children ages 5
and older and their caregivers and includes lots of
audience participation.
This program is funded with money from Minnesota’s Arts
and Cultural Heritage Fund.
Bill the Juggler
at Lions Park in Hugo
16/13/2024 3:47 PM123456789011121314115161718192021222324252627282930June 2024Su Mo Tu We Th Fr Sa12345678910111213141516171819202122232425262728293031July 2024Su Mo Tu We Th Fr SaJune 2024May 262728293031Jun 123456786:00pm Admin Performance Review -7:00pm City CouncilGood Neighbor Days11:00am Premier Bank Open Hse (14773 Flay Ave) 9101112131415Good Neighbor Days3:30pm Premier Bank Grand Opening (14773 Flay Ave.) 6:30pm BOZA7:00pm Planning Comm161718192021227:00pm City Council5:30pm EDA6:30pm Hist CommJuneteenth-Closed7:00pm Parks Comm232425262728296:30pm BOZA7:00pm Planning Comm30Jul 123456SUNDAYMONDAYTUESDAYWEDNESDAYTHURSDAYFRIDAYSATURDAY
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